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Monday, February 13, 2012

By Christina Brown
Published: April 9, 2009

In the past several weeks, comments in Island newspapers have questioned the need for the Martha's Vineyard Commission or whether Vineyard towns' zoning laws are now strong enough to protect the Vineyard. 

In 1974, the Martha's Vineyard Commission's legislation was drafted by Vineyard residents and made law by the state legislature, to give an added layer of review and protection of the unique resources of the Vineyard.

In 2009, the Supreme Judicial Court, in Kitras vs. Aquinnah and the Martha's Vineyard Commission, reaffirmed that a district of critical planning concern protects against challenges to local zoning. It found in favor of the town of Aquinnah and Martha's Vineyard Commission's town-adopted districts of critical planning concern, in a decision that prevented a subdivision in a fragile landscape on Moshup Trail. The 2009 decision restates an earlier SJC decision (Island Properties v. Martha's Vineyard Commission), "that the Martha's Vineyard Commission Act is a 'polar opposite' from those local enactments contemplated by the Zoning Act... Not only is Chapter [831] a statute of the General Court; the reason of its being is to import regional - island-wide and statewide - considerations into the protection of the land and water of Martha's Vineyard, considerations which...towns themselves...would not bring to bear."

Ron Rappaport, the Edgartown lawyer, commented, "If you want to know why the Martha's Vineyard Commission is important, just read this decision."

The Martha's Vineyard Commission act gives the commission some powers the towns simply don't have. For example, a developer can't simply override a town's zoning by proposing an affordable housing project. The Superior Court ruled that Corey Kupersmith could not force a 366-unit, 40B (the Commonwealth's affordable housing law) project on Oak Bluffs when he couldn't build his proposed golf course. Our six towns are the only ones in the state so protected. (In fact, the commission has often worked with responsible 40B applicants to allow higher density, affordable housing projects while making them compatible with their environments. But the commission can deny a project which is clearly inappropriate and not in the interests of the Vineyard.) Similarly, the commission can address the aesthetic, design and landscaping aspects of new, large buildings that typically escape zoning regulation.

Maintaining Martha's Vineyard's rural, small-town authenticity is not only important to our daily lives, it drives our visitor-based economy. How much of Martha's Vineyard's $800 million a year gross domestic product, or the $18 billion in property values, would be undermined if we didn't carefully protect the Vineyard's environment, character, and quality of life? And how many jobs would this affect?

Seasonal residents and visitors - the driving forces of the Vineyard economy - like to go kayaking and shellfishing in coastal ponds that are not polluted, to drive down scenic, narrow roads lined with farms and fields rather than strip development, to have a vital year-round community, to walk through charming town centers and older neighborhoods whose character is respected, and to relax in a place where the splendid natural beauty is unspoiled. That Martha's Vineyard still offers these is due to the combined work of the towns, private groups, and the Martha's Vineyard Commission.

Some may complain that the Martha's Vineyard Commission has been too restrictive in its regulatory role with developments of regional impact (DRIs). Others complain that it is too permissive. On balance, thanks to careful management by the towns and the Martha's Vineyard Commission working together, the important features of the Vineyard have been largely preserved. For example, the 54-lot subdivision proposed for Herring Creek Farm in 1990 would have met town zoning. But, the town of Edgartown and the Martha's Vineyard Commission prevailed in getting a much better solution. The Vineyard Golf Club property had been approved under zoning as a 148-lot subdivision when Edgartown had withdrawn from the Martha's Vineyard Commission. Decades later, when a subsequent owner proposed a conventional golf course on the undeveloped, but still valid, subdivision, the town was again a member of the Martha's Vineyard Commission and asked the Martha's Vineyard Commission to review it for environmental concerns. The final approved course doesn't pollute the Great Pond, is shielded from the road, includes staff and affordable housing, preserves wetlands and frost pockets for endangered species, and wins national awards for being "green." It is usually the largest and potentially most harmful projects, the ones which could change the look and feel of our Island, that deserve, and receive the most careful Martha's Vineyard Commission review.

Is the planning work still needed? Definitely. The commission offers a wide range of planning functions for towns and for the whole community. For example, the Martha's Vineyard Commission continues to work with towns and pond associations on extensive water testing, land use modeling, and strategic planning to find the most cost-effective ways to manage wastewater and protect our estuaries. The commission works in many other fields: energy, economic development, traffic and transportation, coastal planning, and Geographic Information Systems mapping, and provides technical support to town boards, including planning boards, conservation commissions, boards of health, and boards of selectmen.

Does it sometimes happen that Martha's Vineyard Commission meetings are long and drawn out? Absolutely. But commissioners give of their time to ensure that public concerns are heard, to deal with difficult dilemmas, and to do the arcane grunt work that goes with this responsibility. Remember that the commission members are friends and neighbors - nine are elected by everyone on Martha's Vineyard, and eight others are appointed by each town board of selectmen, the county, and the governor. All are volunteers and serve because of their commitment to the future of the Vineyard. Talk to them. Let them know your concerns. Run for the Martha's Vineyard Commission yourself.

Martha's Vineyard will continue to grow and change, sometimes in unanticipated ways. As it does, the Martha's Vineyard Commission will continue to serve as an important tool for towns to manage development pressures that could make us lose our special Island.

Christina Brown of Edgartown is chairman of the Martha's Vineyard Commission.