Updated September 11
In the latest challenge to the Martha’s Vineyard Commission’s review of the 100-unit Green Villa project, developers are pushing against the regulatory body’s authority to review 40B housing developments.
In a lawsuit filed with Massachusetts Land Court on Sept. 5, Green Villa LLC and Atwood GV LLC, the company of Falmouth-based developer William Cumming, argued the Commission has no authority to review Chapter 40B housing projects.
“Instead, all such projects would be reviewed exclusively by the individual towns, with ZBAs authorized to issue all necessary development permits –– including any approvals that would normally be issued by the MVC — consistent with state law across the Commonwealth’s 351 municipalities,” the Green Villa team said in a statement.
Chapter 40B is a state statute that allows developers to build more densely, trumping local zoning bylaws. It was a state law passed decades ago and amended under the Baker administration to help develop affordable housing. Twenty to 25 percent of the units in 40B developments are required to be long-term affordability restrictions. While some Massachusetts communities have seen a significant number of 40B developments, the Green Villa filing suggests the Island hasn’t been able to get the housing developments it needs because the Martha’s Vineyard Commission has been given regulatory authority on the projects.
In the lawsuit, the developers’ attorneys state that towns have been required to refer projects to the Commission when they are determined to be developments of regional impact, which the Commission defines as projects “either so large or [having] such significant impacts on their surroundings that they would affect more than one town.”
The project’s attorneys argue that the Commission is a local board, and therefore the local zoning boards should be empowered to review 40B proposals.
The attorneys also condemn the current practice, accusing the Commission of overreaching and attempting to supersede state authority when it comes to 40B projects.
Peter Wharton, chair of the Martha’s Vineyard Commission, declined to comment on the lawsuit itself. However, he highlighted that the Commission was familiar with 40B projects and has provided “thoughtful, constructive guidance” over 50 years to deliver “housing solutions” while being conscious of the environment.
“I’ll let our record stand for itself,” Wharton said, highlighting other 40B projects slated to bring housing like Meshacket Commons in Edgartown and Cat Hollow in Tisbury.
Green Villa went back to Oak Bluffs for review after an April ruling by the Massachusetts Housing Appeals Committee that the town did not have safe harbor, a designation that allows municipalities to block special permits for 40B affordable housing projects, when developers submitted the project. Ongoing meetings have resulted in amendments to the project like removal of the proposed commercial units and increasing housing for teachers, municipal employees, and businesses’ workers in the town.
This isn’t the only project that Cumming has challenged local authority over. In the case of Edgartown Gardens, a proposed 60-unit affordable housing complex for individuals 55 and older, the developers alleged in a filing with the housing appeals committee that the Edgartown zoning board of appeals had not conducted a public hearing in a timely manner. They argued that the project should therefore be approved by default under state law.
Updated with comments from Peter Wharton. This story was corrected to note that the Baker administration amended the 40B law. The law was passed in 1969.
The MVC needs an attorney who can effectively argue the special and important role such a body plays for an island w sensitive environmental needs and restrictions, and one in which the aesthetic nature is vitally important. I write this as an island owner-taxpayer who supports affordable housing. I also serve on a state environmental committee that legislatively cannot be ‘sued’ so MVC wise to look into this as if MVC constantly being sued it in essence becomes costly and toothless.
Finally, as someone who works on development issues in Boston, I am appalled by the Island’s lack of savvy or ability or understanding to create beneficial linkage and community benefits for the numerous development projects. This place in essence gives away the store, and should look to Boston development for some better models,
Chapter 40B was modified in 2008. It was originally enacted decades ago.
People constantly whining about more housing yet MVC is allowed to get into the act. MVC needs to stay in its lane. It thinks too highly of itself. This project is clearly outside of MVC reach and should be
Let’s cut right to it…No matter the need! .. since when does any developer or development group tell a town WHERE and WHEN to do any project?…Or for that matter, feel that they can legally push Oak Bluffs, Edgartown and others around to do 40B or anything else?
HOME-RULE is, should and always remain the purview of the locale citizenry…by God!…and NOT some developer telling us what we want or should have as a community.
40 B regulations were created for reasons.
Home rule/ snob zoning is one of those reasons
please make your comments heard at the MVC tonight 9-11-2025 it will do more good than here
The Hamp-ti-fication of Martha
It’s unrealistic to shorten the airport runways, to limit the amount of cars coming over and passenger traffic…So, is it really snobbery to hope, wish and work to try to PRESERVE this historic gem of an island?…To PREVENT high density, high rises and high-minded people dreaming -up …lord knows what…a bridge to cut commuter time between their 3rd and 4th home?
Character of place is not imported.
Inexplicably, it’s what was appealing to the very people that are now determined to change it. Home- Rule preserves character of place…places that are slowly fading away here…globally.
When is enough…enough?
DEFEND MARTHA, before it’s all gone.