The Edgartown zoning board of appeals (ZBA) unanimously voted to refer the already-controversial Edgartown Cove project to the Martha’s Vineyard Commission (MVC) during its first review on Wednesday, but a consultant hired by the town said a state ruling from the spring complicates the matter.
The uncertain territory that was referenced at the meeting was discussed in an article published earlier Wednesday by The Times based on interviews with the MVC and the developer. In addition to that tension, the proposed development drew concerns from Islanders and abutters about the septic capacity and environmental impact on the land and watershed prior to the first public hearing.
Edgartown Cove, which is proposed to consist of 40 apartment units at 501 West Tisbury Road in Edgartown, is a new Chapter 40B development by Falmouth-based developer William Cumming. It includes 30 market-rate units that are projected to cost between $700,000 and $1.1 million each, and ten affordable units that have cost projections between $157,700 and $186,359, according to materials submitted by the developer.
Chapter 40B is a state statute that allows developers to curb local zoning if a housing development includes a quarter of affordable units, like Edgartown Cove. But on an Island with limited land and a seasonal housing market, Chapter 40B projects can be more complex.
Cumming is the largest developer of Chapter 40B projects on the Vineyard. His past proposals include Edgartown Gardens, which is a 60-unit complex planned near Donaroma’s Nursery that was unanimously denied by the MVC, and Green Villa, which is a 116-unit condominium complex planned for Oak Bluffs that was narrowly approved with numerous conditions by the MVC.
The ZBA is required to refer projects to the MVC when a development proposed is large or impactful. But Joe Peznola, an expert on the Chapter 40B developments who was hired by Edgartown officials as a consultant for the housing proposal, recommended the town continue their review after zoning board members voted to refer the project to the MVC.
Peznola said the MVC was ruled a “local board” by the Massachusetts Housing Appeals Committee in April following a lawsuit by Cumming after the denial of Edgartown Gardens, which essentially stripped it of its ability to review Chapter 40B projects.
Peznola stated that the applicants, Cumming and his attorney Jay Talerman, “do not believe that the MVC has jurisdiction on Chapter 40Bs.”
“That matter is being adjudicated in the higher courts,” Peznola said. “But I think, in discussion with regards to possible different approaches than have been done in the past, because of some things that came out of Edgartown Gardens, we are recommending that the board continue the review of this Chapter 40B project … anticipating that the applicant may not go to MVC for a DRI.”
Although the MVC is currently appealing the state ruling from April, Peznola said the ZBA should turn to peer-reviewed studies on aspects of Edgartown Cove, at least for now, instead of relying on an MVC review of the project.
The ZBA agreed to ask the applicant to complete studies — on traffic, wastewater, and other potentially impactful aspects of the proposal — to present to the board at a later hearing. The studies are slated to cost around $17,000 and will be paid for by the applicants.
The executive director of the MVC, Adam Turner, told The Times that the town was required to refer Edgartown Cove under the MVC Act. The MVC Act is part of the legislation that formed the commission and includes many of their guiding principles. The part that’s relevant to Edgartown Cove is that under the act, the MVC is authorized to review large and impactful projects, known as developments of regional impact (DRI). The act also states that a town cannot issue a permit for a referred project until the MVC reviews it.
“While the ZBA may decide to proceed with a parallel review under 40B simultaneous with the MVC’s DRI review, ultimately, under the MVC Act, the ZBA cannot issue a comprehensive permit for Edgartown Cove unless and until the MVC approves the project,” Turner told The Times over text.
Cumming told The Times that “the MVC can be a helpful advisor to the town just as the Cape Cod Commission is to towns on the Cape. We look forward to receiving any MVC comments and working with the Town to address them.”
Many specifics about the Edgartown Cove project, like septic and traffic concerns, were broached at the ZBA meeting and additional letters of opposition have appeared on the ZBA website this week. ZBA members acknowledged that the Island community will be watching the proposal closely.
“We live on a very small island, and there’s a lot of interest in this particular application. And I just think keeping it as public and as transparent as possible is the smart move,” ZBA member Pamela Dolby said on Wednesday.
