The developer behind an expansive and controversial housing project near downtown Edgartown for residents 55 and older has gone to the state to challenge what he is alleging is inaction by local regulators, in a move that could push the project past local and regional hurdles.
Jason Talerman, attorney for the 60-unit Edgartown Gardens, filed a petition on July 16 with the Massachusetts Housing Appeals Committee alleging the Edgartown zoning board of appeals (ZBA) failed to open a public hearing in time for the project. The appeal asks the committee to rule that the local zoning board approved the project because of the lapse; the petition also asks that “any purported referral to the [Martha’s Vineyard Commission]” be deemed “nugatory and [have] no bearing on whether a constructive approval occurred.”
Citing Chapter 40B, the developers argue that a zoning board should have begun a public hearing within 30 days of when a comprehensive permit application was submitted in September 2024. (Chapter 40B is a state statute that gives large leeway to developers and allows local zoning boards of appeals to approve housing projects under flexible rules if at least 20 to 25 percent of the units have long-term affordability restrictions.) The zoning board instead referred the project to the Martha’s Vineyard Commission (MVC) — a common practice on the Island — which then opened a public hearing in March of this year. William Cumming, the developer behind the project, also highlighted that the 180-day timeline to complete a 40B public hearing had also passed since the application was submitted.
“We could have filed this claim with the state nine months ago, but have been trying to work with the MVC to arrive at a better project overall,” Cumming said. “At this point we are exercising our right to this ‘approval by default’ under state law, in the hope we can bring the permitting to completion quickly.”
Developers stated the commission, which was not named as an appellee in the state petition, had not acted in a “cooperative spirit,” and accused it of delaying the project throughout the process.
“Attorney Talerman has written to both ZBA and the MVC, stating that the development team would be willing to work with all Island stakeholders to achieve a favorable result,” Edgartown Gardens representatives said in a statement. “The Island has an obvious and critical need for the development of affordable housing, and it is time that entities such as the MVC embrace, rather than combat, housing projects.”
A representative of the Edgartown zoning board of appeals and the Martha’s Vineyard Commission was not immediately available for comment.
This isn’t the only project in which Cumming has fought a town over procedural issues. The state Housing Appeals Committee ruled in April 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 100-unit Green Villa proposal last year. The project is back before the Oak Bluffs zoning board of appeals, and the two parties have been reviewing various aspects of the project, such as its layout and neighbors’ concerns.
Cumming, noting that the Island is well below the state’s requirement that 10 percent of homes be considered affordable, said that his actions in filing these suits are helping to raise awareness of the Island’s shortage.
“The state is starting to see how the 40B process is not [working] on Martha’s Vineyard,” Cumming said.
Please read this slowly for comprehension > This-is-NOT-the -location-for -this -development.
Come on man, who do you think you’re kidding; doing a traffic “study” in OCTOBER!
The Edgartown triangle area is a traffic NIGHTMARE this time of year, just how do you propose this will alleviate the problem?? And I promise you…As boy meet girl, has kids, has sitters, has friends over for a glorious Summer weekend, it LAUGHABLE to think you’re only going to get 55 people as a fixed number…more like 150. Furthermore, I can GUARANTEE you that the overflow parking, overnight parking is going to spill over into Stop n Shop and Al’s Packy and then what? …underground parking?
Mr, Cummings, have you tried to get into or done a ‘study” on access into ANY of these stores as it is now? What was a 15 minute run to get milk and eggs has already turned into 45 minutes.
This idea should have been laughed out of town hall months ago and NEVER should have been proposed by a past good steward of the town. THIS -IS-NOT-THE-TRAC- OF-LAND FOR your 40B angle.
PEOPLE….SPEAK-UP !!
If you don’t, ” well meaning ” developers like Mr. Cummings and other will surely roll right over you. And since when does any Supreme Judicial Court in Boston over-rule locale authority.
Ya….Daaah, we need affordable housing, yet not where and when YOU say so. Just another guy in a LONG line of pushy people telling islanders what they need.
This proposed project is restricted to people 55 and over. MV Times should look at the list of applicants who are seeking affordable housing. What is the percentage of those listed who are actually 55 and over? My estimate would be that workforce housing needed on Marthas Vineyard is likely for those ages 18-54, not those 55 and over.. Police I believe are required to retire at that age. We need housing for people who are just starting their families. If a person over age 55 decided to sell their home and downsize to one of these condos, that home would not meet the needs of our necessary workforce in terms of affordability, so that line of reasoning is not productive.
This is ridiculous. Why would ANYONE think that location would be good for housing? It’s the single most congested area on the island. As it stands, trying to get in or out of any business near the triangle is a nightmare. The Stop & Shop is almost inaccessible at certain hours. Please find a location that is NOT as busy. I understand the need for housing, but putting it there will diminish the ability to move freely in Edgartown and will impact tourists/businesses/residents.
This project is not meant for this area, but further down the road towards the number streets makes more sense. Nobody is going to want to go into Edgartown Center with the amount of traffic it will cause.