Oak Bluffs spurns petition request
A simmering behind-the-scenes dispute over conversion of the old Oak Bluffs library into affordable housing and retail space boiled over Tuesday, at the town selectmen's meeting.
Selectman Kerry Scott left the selectmen's table and sat at the back of the meeting room to read a forceful statement criticizing her fellow selectmen, other town boards, and the town building department. State ethics laws prohibit Ms. Scott from acting on the project in her capacity as selectman, because she owns land abutting the project. She spoke as an abutter.
Selectman Kerry Scott, who owns a business (at right) directly across the street from the old Oak Bluffs library, (left), charges that the town has skipped important steps in reviewing the effort to convert the old town library into affordable housing and a retail pharmacy. Photo by Steve Myrick
"I believe the old library redevelopment project has skipped an important step in our permitting process," said Ms. Scott. "As long ago as last August, town officials and staff were aware that the project required review by the Martha's Vineyard Commission (MVC). To date, the project has not been referred. It needs to be. It is the responsibility of the building official to make the referral."
In her statement, Ms. Scott said there is an opinion from the Martha's Vineyard Commission that the project must be referred for review. "This is not optional, or discretionary, or something we can skip because town boards have reviewed the project," she said.
However, all of the town boards that discussed the project disagree with Ms. Scott's contention. The issue of referral was discussed at various times by many town boards, and each concluded that referral was not necessary.
Mark London, executive director of the Martha's Vineyard Commission, says there is some ambiguity in the Martha's Vineyard Commission checklist of factors that town boards use to decide whether a project should be reviewed by the Martha's Vineyard Commission.
"In this case, I haven't studied it, and I don't know if it's a clear-cut referral, or whether the town has discretion," said Mr. London. "We have two categories of referral. There are some criteria that are absolutely clear-cut, and there are some criteria that have some ambiguity." In general, it is the responsibility of town boards and building officials to understand the checklist and refer projects as appropriate. In practice, the decision is usually left up to town permitting authorities. The Martha's Vineyard Commission has never taken legal action to force a town to refer a project.
Sign of dissent
Just before Ms. Scott's statement, Amy Billings of Oak Bluffs submitted a petition signed by 33 people to the selectmen. The petition said the undersigned feel the project should be reviewed by the Martha's Vineyard Commission "because of change of use, increase in intensity of use and mixed residential use with business use. We are also very concerned about increase in traffic and parking."
The petition does not include addresses of those who signed, but a cross reference of the petition with the list of abutters shows only one abutter, Ms. Scott, signed the petition.
According to assessors records, there are 77 separate parcels of land that abut the library project. Abutters are defined as anyone who owns land within 300 feet or less of any project boundary.
On a separate note, Ms. Scott said she did not receive any notice of the various hearings or public meetings, as an abutter must.
In this case, state law requires that notice be mailed, but does not require certified mail, so there is no record of whether abutters actually received the notice.
Hot issue
The petition and Ms. Scott's statement left selectman Ron DiOrio fuming. Mr. DiOrio has spearheaded the old library project as chairman of the affordable housing committee. He cited strong support for the project from various elements of town government.
"There have been several advertised public meetings, all abutters were notified," said Mr. DiOrio from his seat at the selectmen's table. "It also went to town meeting on three occasions when funds were voted. It has gone before the building inspector, planning board, affordable housing committee, Cottage City Historic District Commission. None of those groups felt a need to go before the commission."
Following the first full meeting of his current term as chairman, selectman Greg Coogan also reacted in strong terms to the petition and Ms. Scott's statement.
"It's being portrayed as if this was all done without anybody's knowledge. I can't agree with that," said Mr. Coogan. "It's been in front of us three or four times. We've had slide show presentations. Kerry sat in the back of the room and watched. A lot of people do a lot of work on these projects. People don't pay attention, then they come out at the last second. It seems unfair."
Ms. Scott, in a phone conversation with The Martha's Vineyard Times Wednesday, refused to accept criticism of the timing of her statement. She said she did not speak up earlier because she thought the project would eventually be referred for Martha's Vineyard Commission review.
"I sort of woke up and realized it has not been referred," said Ms. Scott. "People now think that I'm complicit, that my silence confers that I'm okay with this not being referred, that's not how I feel at all. Why didn't they refer it last summer? I am sick and tired of people not doing the right thing and then trying to find a way to shift the blame."
Timing is a critical issue. Funds to build the old library project include $443,654 from the federal block grant program that is administered by the Massachusetts Department of Housing and Community Development. According to town administrator Michael Dutton, the grant requires the money to be spent before the end of 2009. He said it is unlikely any extension would be granted because of regulatory delays, and if the project is not completed, the town will lose the federal funding.
In a phone conversation on Wednesday, Mr. DiOrio was asked if he thought opponents were trying to sabotage the old library project. "There's no doubt in my mind at all," said Mr. DiOrio. "How many more meetings does it have to go through? Parking is a bogus issue. Nobody on Circuit Avenue has parking. If there was a requirement that businesses on Circuit Avenue had to have parking, it would be a boarded up ghost town."
Work has already begun on the project. The interior and exterior have been stripped, and emergency repairs were made to the windows and roof. An architect has designed plans for the project after an open bidding process. Bids are scheduled to be opened today for businesses vying to operate a drugstore in the commercial space. Bids submitted by sub-contractors are scheduled to be opened on May 21, and a general contractor will be selected on June 4.
Delicate grounds
Ms. Scott is treading on delicate ethical grounds and took the unusual precaution of filing a disclosure statement with the town clerk before Tuesday's meeting. She is, in legal terms, an abutter to the project at 82 Penacook Avenue, as the owner of property at 79 Circuit Avenue, directly across the street. Ms. Scott operates a business, Good Dog Goods, along with rental apartment units in her building. The state ethics commission advises selectmen that they cannot act in their official capacity on matters involving abutting property. In her disclosure, in her statement, and in a phone conversation with The Martha's Vineyard Times Wednesday, Ms. Scott said she was speaking not as a town official, or on behalf of Good Dog Goods, but as the owner of an abutting property.
"I offer these remarks as an abutter who will surely be impacted by this development," said Ms. Scott in her statement. "I expected the project to be referred to the commission and do not understand why it hasn't been, which is why I am exercising my rights as an individual and speaking out this evening."
Seconds after Ms. Scott finished speaking, Mr. Coogan called for a motion to adjourn the meeting. The board took no action on the request for a referral to the Martha's Vineyard Commission.
"I don't see any reason to do that right now, but I'm willing to listen," said Mr. Coogan.
Other action
The selectmen also voted to sell two parcels of land that it recently acquired after legal action in the state's land court. The parcels were taken because the taxes have not been paid on the land.
The board authorized an auction of the properties, but will accept no bids less than 90 percent of the assessed value of the unimproved land.
The vote was 4-1, with Ms. Scott the dissenting vote.
The first lot, on Oak Avenue, is assessed at $242,700. The second lot, on Panola Avenue, is assessed at $250,300. Town officials estimate the two parcels would generate $4,500 per year in tax revenue, as lots, before any homes are built. The town spent approximately $10,000 in legal fees to clear title to the land.
Also, town administrator Michael Dutton advised the board to expect a permit application from Martha's Vineyard Community Services, asking to hold the annual Possible Dreams auction on Ocean Park this year. The auction is scheduled for August 3.
