Sunday, May 26, 2013

By Steve Myrick
Published: April 16, 2009

The Martha's Vineyard Commission has approved a redesigned plan for a 12-unit condominium building at 114 and 116 Dukes County Avenue. The redesigned building, now sporting a mansard roof, won the support of eight commissioners at their April 9 meeting. Only one commission member was opposed. Voting in favor were Jim Athearn of Edgartown, John Breckenridge of Oak Bluffs, chairman Christina Brown of Edgartown, Peter Cabana of Tisbury, Jim Powell of West Tisbury, Doug Sederholm of Chilmark, and vice-chairman Linda Sibley of West Tisbury. Voting against the project was Andrew Woodruff of West Tisbury.

After nearly a year of review, the Martha's Vineyard Commission has approved Donald Muckerheide's 12-unit condominium building, now featuring a mansard roof, to be built on Dukes County Avenue.

The development, submitted by Donald Muckerheide, involves demolishing the current structure on the property and constructing a 12,276-square-foot, three-story building on the quarter-acre lot. The building would house 12 two-bedroom condominiums, measuring 784 square feet each. The commission agreed to Mr. Muckerheide's offer to sell the units for no more than $350,000 each, with severe restrictions on short-term rentals.

The Martha's Vineyard Commission's review process lasted nearly a year, with four distinct redesigns submitted by Mr. Muckerheide. Public hearings stretched over eight separate evenings, from July 17 to the final hearing last Thursday. The staff report on the project was revised a dozen times.

"The commission finds that this is a good location for multi-family dwelling because of its proximity to downtown, access to services, and historic parks," the commissioners said in their written decision. They wrote that the project would have a moderate impact on traffic and scenic values, an uncertain impact on the supply of low or moderate income housing, and a minor impact on municipal services. The commission also found that the development would have a minimal impact on the environment. Conditions of approval include installation of a system to collect storm water runoff, and connection to the town sewer system.

The sewer issue caused a tempest among Oak Bluffs wastewater commissioners. According to wastewater commissioner Joe Alosso, Mr. Muckerheide was granted a sewer permit for 19 bedrooms on May 17, 2007. Usually, that permit would expire in one year, but the clock stopped on April 24, 2008, once the Martha's Vineyard Commission began its review. Once the Martha's Vineyard Commission's decision is recorded, he has 23 days left before the wastewater permit expires, and would likely need an extension or a new permit.

The 19-bedroom limit is noted in a series of staff reports on the project, and Mr. Alosso said he informed the staff of the impending conflict before last Thursday's meeting.

The issue is further complicated because the wastewater commission has declared a moratorium on new sewer hookups, as part of an agreement with the state Department of Environmental Protection. The town is under notice of non-compliance because treated wastewater has been found on the surface of Ocean Park. Several of the leaching beds located under the park are failing.

Under its enabling legislation, the Martha's Vineyard Commission is the first to act in the review process. "Town boards are then completely free to make their own decisions, provided they are not more permissive," said Mr. London in an e-mail to wastewater commissioner Robert Iadicicco. "It is very common that subsequent review by town boards cuts back on the size of a project."

Most of the debate among Martha's Vineyard Commission commissioners during the year-long process focused on the aesthetics and scale of the building, with very little debate on the sewer issue.

"It seems to me it would have been a fairly simple matter to coordinate our actions, but they (the Martha's Vineyard Commission) didn't," said Mr. Iadicicco in a phone conversation with The Martha's Vineyard Times on Wednesday. "It makes it a bit messy, but it certainly won't stop us from imposing limitations. "He (Mr. Muckerheide) knew two years ago he had that limitation. If he chose to design his building for 24 bedrooms, unfortunately that's his problem."

In a phone conversation Wednesday, Mr. Muckerheide attributed the dispute to friction among local boards. "It's just politics," said Mr. Muckerheide, who has already asked to appear before the wastewater commission to increase the number of bedrooms allowed under his permit. But he said if he were restricted to 19 bedrooms, he would make five of the units one-bedroom homes. "It doesn't affect the value that much."

If the wastewater commission does reduce the scale of the approved project, Mr. Muckerheide may have to return to the Martha's Vineyard Commission for another review.