Oak Bluffs’ failed appeal against the Green Villa blew more wind into the sails of the developers behind a 100-unit residential development planned on 7.78 acres near Martha’s Vineyard Regional High School.
The Massachusetts Housing Appeals Committee ruled on April 24 that Oak Bluffs did not have safe harbor, a status that allows municipalities to block special permits for 40B affordable housing projects, when developers submitted the project.
The Oak Bluffs zoning board of appeals will now need to take up the comprehensive permit application again for Green Villa, which is already before the Martha’s Vineyard Commission.
“This means the town cannot delay the permit process any longer, and will have up to 180 days to review and make recommendations for the project,” William Cumming, the developer of Green Villa, told The Times.
Last month’s ruling affirms a state Executive Office of Housing and Livable Communities decision in July that the town did not have safe harbor. The town board had subsequently appealed the state decision.
Lou Rogers, chair of the Oak Bluffs zoning board of appeals, was not immediately available for comment.
According to the appeals committee’s decision, the town argued that it had safe harbor based on a housing production plan that included Island Housing Trust’s 60-unit affordable housing project Tackenash Knoll, known at the time as Southern Tier. The board believed that it had safe harbor based on its approval of a comprehensive permit for Southern Tier, which would contribute to the town’s subsidized housing inventory, and represent more than 2 percent of the town’s total housing stock.
After Cumming challenged the safe harbor claim with the state in June, the town zoning board received a letter in July from the Executive Office of Housing and Liveable Communities “suspending its safe harbor status as of May 17, 2024, because the Southern Tier project had not secured a building permit within one year of the issuance of its comprehensive permit,” the appeals committee decision reads. The Island Housing Trust project had not secured a building permit by May 19, two days after the town’s housing production plan certification period ended. Cumming submitted a comprehensive permit application on May 20.
Still, the town argued that since the project was deemed a development of regional impact, the Martha’s Vineyard Commission Act of 1977 nullifies the zoning board’s power to act on the project until the commission completes its review process, a claim the commission also backed. The zoning board wanted the comprehensive permit review clock to start after the commission’s review was completed, and not on the date Cumming submitted his application, saying the legislation suspends “applicable statutory time periods for municipal actions while a project is undergoing MVC review.”
The appeals committee, however, rejected the arguments made by the Oak Bluffs board, stating the board’s clock began ticking once Cumming submitted the application, and that the town zoning officials had opened a public hearing in June.
“The MVC Act states the board can only grant a permit after MVC has granted ‘permission,’ but is silent on whether a board is prohibited from processing and hearing an application during MVC’s review period,” Lisa V. Whelan, the housing appeals committee presiding officer, wrote in the decision.
“This decision by the State HAC is the second loss for the town, which has claimed credit for affordable housing that they have not begun building,” Cumming said. “The decision also confirms the minimum level of affordable housing under the law is not being built.”
The project is still undergoing review by the Martha’s Vineyard Commission, and officials of the regulatory body say the appeals committee’s decision has no sway over its process.
“The HAC’s decision leaves undisturbed what has been the status quo over the past nearly 50 years: 40B projects that meet the standards and criteria for developments of regional impact (DRIs) under the MVC Act are subject to DRI review by the MVC, and the town may not grant a comprehensive permit until such DRI review has been completed,” Adam Turner, Martha’s Vineyard Commission executive director, said in a statement.
Still, there is an ongoing civil case the Oak Bluffs zoning board initiated in October, arguing similar issues over timing of the comprehensive permit process, like with the state housing agencies. The board members also claimed the developers were trying to circumvent the usual Vineyard special permit process.
The case also puts a spotlight on the status of the commission’s authority, which the Oak Bluffs board argues is a “regional decisionmaking body” and not a “local board.” This, the board argues, gives the commission more authority in resisting projects like 40B housing projects as it needs to consider the impact to the whole Island, not just one Vineyard town.
A resolution has not been reached so far in the case.
“It will be interesting to see how they explain to the court why they initiated their lawsuit and/or want to continue,” Cumming said.
I’m so tired of rich developers bullying their way around under the guise of helping people. Respect the community, listen to people and work cooperatively.
These local stories continue to be of great interest to me as I spend a substantial amount of time away from Martha’s Vineyard, which remains a second home dear to our hearts.
William Cumming is no friend of the island and is just another greedy developer wanting to make as much money as possible for his family and friends to the detriment of the island. Edgartown should take notice as they are next in the crosshair of this cabal willing to do whatever it takes to line their pockets.
“in this house we believe”…….
Nowhere in the article is the town’s reason given for opposing Mr. Cummings project except for undefined “negative community impact”, and in the comments commenters comment that he is a “greedy developer”. An appropriate question would be: if the island needs “affordable housing”, why block someone willing and able to bring the project(s) to fruition?
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