Updated Feb. 15
The Wampanoag Tribe of Gay Head (Aquinnah) is looking to add more affordable housing on its land in Aquinnah.
Tribal representatives were before the Aquinnah planning board plan review committee for a public hearing on Tuesday, looking to add a single duplex on Oonouhkoi, a road on tribal lands.
According to planning board administrative assistant Sophia Welch, the project was developed through a Chapter 40B comprehensive permit issued in 1994. The tribe is using 40B because only 44 acres are available for construction, and the application was for 30 units; one unit needs two acres for development under Aquinnah zoning.
Aquinnah Wampanoag Tribal Housing Authority administrator Dave Zimmerman said of the 30 units applied for under the original 40B application, 27 units have already been built.
Welch said the town’s zoning board of appeals tried to place conditions on the project, but a court case in 1993 found that the town could not place conditions on the project.
“The planning board really doesn’t have any authority to act upon it, nor does the tribal housing authority need you to take action on it, since they’ll still be working under the comprehensive permit that was issued,” Welch said.
After more discussion, Zimmerman withdrew the application to the planning board, and the board made a consensus vote to support the project.
Updated with corrections from Sophia Welch. The Chapter 40 B comprehensive permit was issued in 1994 and the court case occured in 1993, not recently.