After a ruling by a state housing committee threw its regional governance into question, the Martha’s Vineyard Commission (MVC) issued a statement “respectfully but firmly” disagreeing with the decision.
The ruling, issued by the Massachusetts Housing Appeals Committee (HAC) on April 21, deemed the MVC a “local board,” effectively dismissing the regional planning group’s authority to approve or deny housing projects proposed under a state statute called Chapter 40B that ensures a portion of projects are made up of affordable units. Simultaneously, the HAC granted construction approval to a contested housing development called Edgartown Gardens.
The ruling countered a 2003 decision by the Massachusetts Superior Court that deemed the MVC not a local board.
The state committee’s decision came after the developer of Edgartown Gardens, William Cumming, along with his counsel, brought the issue to them. The developer also has other legal action pending against the MVC, mainly regarding another one of his large housing projects that is under review by the commission in Oak Bluffs, called Green Villa.
The MVC stated that it intends to defend its governing authority in the superior court as well as with the HAC.
“For more than 50 years, the legislature and the courts have consistently recognized the commission’s responsibility and authority to review all developments of regional impact [DRI], including those proposed under Chapter 40B. The Housing Appeals Committee’s decision disregards that well-established legal framework without adequate basis,” the MVC stated in a release.
Chapter 40B is a state law that only applies if 25 percent of a development’s planned units are affordable. According to state standards, that means the units are available to buyers who make 80 percent or below the area median income.
This law is regarded both as a legislative tool to ensure that a portion of large housing projects are affordable, and as a way for developers to bypass local zoning ordinances. In towns and cities that haven’t met the subsidized housing inventory (SHI) quota of 10 percent required by the state, Chapter 40B projects are more easily approved. On the Vineyard, only Aquinnah has reached its 10 percent SHI goal. Locally, the MVC is the discerning body that weighs the benefits and detriments of 40B housing projects, such as Edgartown Gardens and Green Villa.
The MVC’s basis for approving projects under 40B includes assessing the environment and neighborhood where a project is proposed, and collecting abutter and community letters in order to decide whether to approve or deny it.
Representatives at the MVC called this process a “balance,” and stated that the ruling undermined its “critical function,” which they said is “ensuring that housing developed on Martha’s Vineyard meets the genuine needs of Island residents, while protecting the regional values that make this Island unique.”