For Sale sign scars Bradley Square plan
By Steve Myrick
Published: September 18, 2008
Nearing the end of an arduous, uncertain permitting and regulatory process, and facing the possibility of a resource-draining legal battle, a group of Island housing advocates this week put a for sale sign on the Bradley Square project in Oak Bluffs.
Representatives of the Island Housing Trust and the Island Affordable Housing Fund said in a written statement that a campaign of harassment and intimidation threatens the financial viability of the ambitious affordable housing development.
The project, planned for the corner of Dukes County and Masonic avenues, includes an 11-unit housing development, a community center, and preserves the Island's first African-American church.
The project has been the subject of a bitter and protracted battle during the permitting process. Opponents argue that the project is too big and will generate traffic and parking problems. They have taken their battle to the Internet, local newspapers, and the zoning board of appeals.
The housing group announced its decision Tuesday to place the property for sale just two days before the Oak Bluffs zoning board of appeals (ZBA) is scheduled to meet in a reopened hearing on the plan this evening. A ZBA decision is possible, but not assured, at that meeting. The land cost to Island Affordable Housing Trust was $905,000 in 2007. The asking price now is $1.5 million, an indication, one spokesman for the developers explained, of the way the costs of the project have escalated. The project's backers say they hope to recover costs already incurred, including interest payments on the property mortgage, costs associated with the regulatory process, and hundreds of hours of work by staffers.
The Martha's Vineyard Commission approved the Bradley Square Project on June 19, by a vote of 13-1. The ZBA is the last regulatory hurdle. In August, the ZBA closed the public hearing but agreed to reopen the hearing tonight, at 7 pm, at the Oak Bluffs council on Aging on Wamsutta Street.
The decision to put the Bradley Square property on the market followed a meeting Monday evening among Island Affordable Housing Fund, Island Housing Trust, Habitat for Humanity of Martha's Vineyard, and other supporters.
All,
It is with great sadness that I write this e-mail. At today's meeting among the representatives of the Island Affordable Housing Fund, Island Housing Trust, and Habitat for Humanity of MV, it was decided that due to the amount of time, energy, and resources that are being placed in the Bradley Square project, that continuing without seeing an end to the regulatory and possible appeals process, or seeing one that restricts the project further making the building of Bradley Square economically unfeasible would be unwise. To continue in this atmosphere would be against our mission and wrong to those who are patiently waiting for an affordable home of their own in other towns. Today we will put a "For Sale by Owner" sign on the property and begin to solicit offers in the event that proceeding to complete this project would not be a prudent, responsible use of our resources.
Please know that this decision was not made lightly and many of us have put our collective hearts and souls into saving this building and creating this project. It can not be forgotten that the neighborhood originally asked us to purchase this property to save the church, we raised over $200,000 in 72 hours to come up with the down payment to do just that, and that we have held over 15 months of public meetings in order for the community to design what they envisioned for this site. That is something to be proud of. It is sad that a few people have worked feverishly to "swiftboat", or smear this project in order to advance their own agendas. What we have to remember is that there are other towns that are counting on us, other projects that have approvals and are waiting for our financial assistance, and again, other families on our Island that are counting on us to make something happen.
Of course you know we want to build Bradley Square. We think it's the right project in the right location at the right time. We understand that the Oak Bluffs ZBA will continue deliberating. But as I said earlier, we cannot just hope that the end is soon or delays won't continue. Always remember that Bradley Square is something that all of us can be proud that we were a part of.
Pat
In a letter (at right) sent to leaders of affordable housing organizations, Island Affordable Housing Fund executive director Pat Manning attributed the well-organized campaign of opposition to the Bradley Square project to a few people who "have worked feverishly to 'swiftboat,' or smear, this project in order to advance their own agendas."
Opponents of the Bradley Square project denied those accusations. Among them is Don Lambert, who recently formed a committee and established a web site (www.capawack.com) to oppose the project.
"I think the web site was providing the viewpoint, or the perceived viewpoint of many people in the neighborhood," said Mr. Lambert on Wednesday. "In other words, it's a perceived opinion. Anything that needs to be corrected can be corrected, but the website was quite accurate in perceiving what was going on there."
Among the most active opponents of the Bradley Square project is Donald Muckerheide, who plans to develop his property at 114 and 116 Dukes County Avenue into 10 condominiums, including three affordable units.
"It didn't fit, they needed to scale it back, so it fit on their own property, just like everybody else," said Mr. Muckerheide. "I think they finally heard that voice."
Mr. Muckerheide organized a drive to get an article on the next town meeting warrant to rescind the $400,000 in community preservation act funding for Bradley Square. Those funds were approved overwhelmingly in a voice vote at the annual town meeting this spring.
Mr. Muckerheide questioned whether the move Tuesday to put the Bradley Square site for sale is a ploy to put pressure on the zoning board of appeals, or generate new support for the project. Mr. Manning said a sale is a serious option, even if they receive all necessary regulatory permits. Many of the members of the development group are already putting their time and effort toward projects in West Tisbury and other towns. The applicants are concerned that mortgage payments on the property are draining money away from other affordable housing initiatives. If a legitimate offer is received after all permits are approved, the decision about whether to accept it rests with the directors of the Island Affordable Housing Fund, which owns the property.
"Continuing without seeing an end to the regulatory and possible appeals process, or seeing one that restricts the project further making the building of Bradley Square economically unfeasible would be
unwise," wrote Mr. Manning. "To continue in this atmosphere would be against our mission and wrong to those who are patiently waiting for an affordable home of their own in other towns."
The email says the applicants will go forward with the regulatory process, and backers have appealed for supporters to attend the re-opening of the public hearing before the zoning board of appeals tonight.
Legal issues loom
Bob Wheeler, co-president of the housing trust, said though he is pessimistic about the chances of moving the project forward, organizers plan to continue fighting for it. "If we get the approval, and get appealed, we will do what we can to defend," he said, adding that supporters have already engaged a lawyer who will work at no cost. "I don't think we have any choice but to do that."
Mr. Lambert said his committee is ready to challenge the project in state courts, if the zoning board of appeals approves the project substantially as is.
"We've got pro bono legal and a war chest promised," said Mr. Lambert. He said he has reached out to the Bradley Square applicants to negotiate a compromise, and hopes to convince the zoning board to put off any decision for 30 days, in order to give the two factions time to work out an agreement. "We're hoping the applicant will sit down with us and help us redesign something that would be more neighborhood friendly. We're really disappointed that they put for sale signs up. The for sale signs are saying they don't want to sit down and compromise."
In a statement, the applicants say the public has had an opportunity to participate in 10 Bradley Square design committee hearings, three sessions of the public hearings held by the MVC, and two sessions of the public hearing held by the zoning board. They also say the project has undergone numerous revisions as a result of public comments at those hearings, and conditions set by the MVC.
Photo by Ralph Stewart
Ambitious project
The project included two market-rate and nine affordable housing units, as well as a community center and an office.
The site is made up of two parcels, totaling just less than a half acre. The plan called for the dilapidated Denniston building now on the site to be moved and rehabilitated. The building once housed Bradley Memorial Church, the first primarily African-American church on the Vineyard. It was also the home of the late Rev. Oscar K. Denniston, a prominent and respected local minister. The second floor of the rehabilitated building would house one affordable unit, the first floor would house a community center and a small office. Two additional buildings would be constructed, each including one market rate, and four affordable rate units. The nine affordable housing units would go to buyers who qualify based on income, at prices ranging from $150,000 to $325,000. Four of the affordable units would be designed as studio spaces where artists might live and work, as well as display and sell their creations. All of the affordable units would be awarded by lottery, with Oak Bluffs residents given preference for the four live/work spaces.
Always underlying the debate during the protracted regulatory process was a strong current of friction in the neighborhood among long-time residents and newer, arts-oriented businesses that compete for public street parking, open space, and peace of mind in the densely settled area.
Stiff opposition
Last week, the new committee chaired by Mr. Lambert materialized. He said many Oak Bluffs residents were too busy to follow the regulatory proceedings during the summer, or thought the regulatory bodies would scale the project down. "People finally woke up," he said. "The people that already have waved the red flag were ignored and walked over at the various public hearings. When it went through the commission, it woke everybody else up."
The committee took out a large newspaper advertisement, which said the project would cause "profound and irreversible changes to our neighborhoods that will affect the quality of life for all Oak Bluffs residents (heavy traffic, one-way streets, overflow parking lots, congested walkways, etc.)." The advertisement directed readers to the new website where many of the backers of the Bradley Square were listed by name, with the suggestion that the applicants "may have a personal interest in the project."
Among those named was Mr. Wheeler, who, in addition to his position as co-president of the Island Affordable Housing Fund, is the executive vice-president of the Martha's Vineyard Savings Bank.
"There's just so much misinformation out there, so much damage, so much innuendo," said Mr. Wheeler. "It got personal." He was uncertain how much the advertising and website would influence regulators, but he was clearly concerned that it would.
"Now it's getting on a whole new level," said Philippe Jordi, executive director of the Island Affordable Trust.
Mr. Manning vigorously refuted the charge made frequently by Mr. Muckerheide and others that those connected with the project would realize substantial profits
"These projects are done with many of the services for free, or at a highly discounted rates," said Mr. Manning. "People turn down very profitable projects because they want to do something right for their Island." He cited both Hutker Architects, and builder John Early, among many involved in the Bradley Square project that agreed to provide services at below market rates.
The developers of the joint project include West Tisbury builder John Early, who explained that he has committed in writing to discount rates. "I signed a memorandum that I would give a discount on both my regular fee and my labor," said Mr. Early on Wednesday. "It was a substantial give-back." He said he has already turned down other more profitable projects because he anticipated beginning the Bradley Square project earlier this summer.
"I'm personally very disappointed. I was looking forward to the opportunity to build some affordable housing. It's not what I usually do," said Mr. Early.
Mr. Lambert held firm to his contention that the projects backers will benefit from the project.
"They will profit from it," said Mr. Lambert. "There's going to be a member of the team that finances the project. There's going to be a member of the team that's profiting from the sale of the land."
Church questions
Among the many unanswered questions surrounding the latest development is what may happen to the Denniston building, once the home of the nation's first African-American church, if the property is sold.
"This is really quite a surprise," said Marie Allen, who has worked on the Bradley Square project on behalf of the Martha's Vineyard chapter of the NAACP. "I'm in such shock. I hope in somehow it can be resurrected so the church can be preserved."
Current zoning regulations would allow demolition of the building, removal of the trees, and construction of as many as five three-story buildings totaling 28,000 feet, according to reports submitted to the Martha's Vineyard Commission.
Under MVC rules, the property will remain a district of regional impact, so a new buyer must have any development plans reviewed and approved by the MVC.
