A local review board and its members are being sued by an Oak Bluffs resident after they denied a request for a constructed platform in her backyard for personal use.
Resident Melissa Bradley, manager of Black Joy, LLC, and owner of the Oak Bluffs Sea View Ave. property, came before the Copeland review board last July, requesting approval of a 18-inch high, 30- by 20-foot wooden platform for the purpose of practicing yoga.
In her application, Bradley explained that the constructed platform enables her to practice yoga, which helps prevent the progression of a deteriorative hip disease.
The complaint filed in Dukes County Superior Court on June 20 argues that the daily yoga practice has prevented Bradley from requiring the use of a wheelchair.
But the Copeland review board’s unanimous denial cites that the platform disrupts the district’s viewscape.
Per the town’s bylaws, the Copeland review board is charged with ensuring that “any change to the exterior of an existing structure, addition to an existing structure, or new construction shall be limited to the Victorian Style architecture prevalent within the district at the turn of the century (1900). No change to an exterior architectural feature shall radically alter the exterior appearance of the building or structure in such a way as to damage the visual integrity of the surrounding viewscape.”
In its decision, signed by the town clerk in April, the board also said that the freestanding platform “has the potential for being a gathering place for a number of people or a band,” as it “looks like an event area.”
The board states that they’d prefer the platform to be smaller, preferably connected to the house, and lower to the ground.
At March’s Copeland review board meeting, Bradley’s wife, Alessandra Bradley-Burns, explained that per logistical reasons and engineering recommendations, the platform was unable to be directly connected to the house’s back deck; the platform was raised because of the site’s leaching field.
As for the size, Bradley-Burns claimed that because she is legally blind, she is less likely to fall off the platform.
The homeowners say moving the platform is financially infeasible as it would cost roughly $50,000.
Despite their willingness to alter the platform, per the board’s request, the application for a certificate of appropriateness was denied.
Per the meeting minutes of Copeland’s March 30 meeting, the board states that the homeowners would have to reapply with the board in the future. They say the platform ought to be “smaller, lower, back[ed] up from the property line, [and] redesigned.”
Through her attorneys, Bradley argues that Copeland’s decision was based on the usage of the platform, which is not under the board’s purview. The complaint claims that the board’s decision was beyond its authority, and is in violation of the town’s zoning bylaws that pertain to the use of beaches. The complaint calls for an annulment of the board’s decision, and approval of the certificate of appropriateness.
There are some gaps in the reporting on this story. The article glosses over the fact that this platform was already built prior to the filing of the approval applications. I was not able to read the Copeland Plan Review Committee’s minutes for myself since they have apparently not posted any minutes to the Oak Bluffs Agenda Center since 2017, an alarming fact given the power that this committee wields. I was able to read the materials for the same matter when an application was filed with the Zoning Board of Appeals, and several abutters were objecting on the basis that they perceive this as a business being operated in an R-2 district, and that the platform has already seen use that goes well beyond someone doing yoga in their backyard. Is it a business, or isn’t it? It does not appear that the zoning variance was ever granted. If they had to file for a variance, then it stands to reason that a building permit was never issued either. So, is this a case of OB government exceeding it’s authority, or is this a case of an business operating illegally in a residential zone thumbing its nose at zoning and construction regs? Perhaps the Times could flesh this story out a bit.
Beg forgiveness rather then ask permission, then sue is becoming the norm as more and more moneyed people move here and just do what they want. And then throw a bunch of money at whichever board or committee is tasked with addressing the issue.
30ft x 20ft, for one person to practice yoga??
What should it be?
Why is it everyone’s business what this woman does on her own property? thats whats wrong with this country…. everyone is nosy… just like my nosy neighbors…. its called jealousy or they just cant stand to see someone do something that they cant… its got nothing to do with being rich or having more money than you….. its called “mind your own business”…. Good God, someone cant build a lil platform so maybe a few can get together and do yoga? Scared someone might make a few bucks and not share it? Is it REALLY gonna hurt someone?? yea, their feelings…. get over it…. let people move forward without the backlash of green eyed people… whats wrong with the town?
need a few more dollars?? gotta get that bizness cert…. cost money ya know…… whatever…. this poor woman wants to do yoga, possibly have some others do it and she cant see…. boy, are we bored?
It becomes everyone’s business as soon as they file a lawsuit against the town, and against the individual members of the community that serve on this committee. At that point we have the right to be interested in the details. And if you’re operating a business in a residential zone, whether it be a catering business or a tour bus company, your neighbors have a right to be concerned with the impact it will have on them.