The Martha’s Vineyard Commission (MVC) unanimously approved the current plans of the partially completed Wave Lengths building renovation after a public hearing on Thursday night. In an unusual move, commissioners unanimously voted to go directly to deliberation and decision after the hearing was closed, and the commission quickly approved the project 13-0.
The project will go back to the Edgartown Planning Board (EPB) for final approval.
This was the second time the MVC reviewed the project as a development of regional impact (DRI) in the past six years.
The original plan, approved in December 2010, was to demolish the one-story building at 223 Upper Main Street in Edgartown, and replace it with a 5,300-square-foot mixed-use building with three two-bedroom apartments, and to build a three-story, 4,200-square-foot mixed-use building at the back of the lot. In February 2011, the EPB found “a lack of vehicular outlet to adjoining properties,” and granted approval only for the larger of the two buildings.
According to a three-page narrative submitted to the MVC by project manager Colin Young, construction was then delayed for four years because the Wave Lengths co-owners got into a dispute that had to be resolved in Land Court. The project moved forward when co-owner Jayne Leaf bought the property outright.
In October 2014, the MVC signed off on a proposed change to swap two offices for two two-bedroom apartments. The final approved plan was for two two-bedroom apartments on the second floor, one two-bedroom apartment on the third floor, and up to three offices or shops on the first and second floor.
After construction began last spring, problems arose when it became apparent the structure taking shape was different from the one that had been approved. The EPB made a site visit in late June, and construction came to a screeching halt on July 29 when Edgartown building inspector Lenny Jason issued a “stop work” order. Three subsequent public hearings at the EPB led to the MVC DRI referral on Oct. 18, which led to Thursday night’s public hearing.
Mr. Young told commissioners that the unapproved changes — which included a third-story porch moved from the back to the side of the building, larger dormers on the third floor that added 250 square feet to the project, and an elevator enclosure that exceeded the town height restriction — were the result of the wrong plans being sent to Dartmouth-based GoModular, builders of the prefabricated structures. Mr. Young said that the change would have been caught by the original architects, Sullivan + Associates, who had designed a traditional wood-frame “stick construction,” but the working relationship had ended due to a shortage of funds.
Mr. Young said it wasn’t until the building began to take shape in early summer that the differences became apparent. He told commissioners that the mistakes were inadvertent and were not an attempt to deceive the town. “I was as shocked as anyone [on] the planning board,” he said. “The mistakes that we made were not on purpose. It was an unfortunate set of circumstances. I’ll take the blame for a lot of that.”
Mr. Young said that the project is now six months past the scheduled completion date, and almost $200,000 over budget.
EPB member Robert Sparks asked the commissioners to approve the inadvertent modifications. “I don’t think they tried to fool us,” he said. “I can understand fully what happened. It was a mistake.”
Mr. Sparks told commissioners that the evening’s proceedings were a replay of the Sept. 13 first of the three EPB meetings. “Some of our members were looking for a pound of flesh, but there’s no use in pointing fingers,” he said. “They’ve gone a long way, and they addressed 12 out of 13 issues. We still have a little bit of problem with the decks and the massing. But let us resolve this, instead of trying to beat each other up with this.”
Mr. Sparks said the plans had been revised so many times over the past five years that he had a tall stack of them in his office, and the wrong set could easily have been sent to GoModular.
“It’s been a learning experience for us,” he said. “We’re a lot more vigilant now.”
“It’s a real pickle, and there’s been lots of mistakes,” Trader Fred owner and EPB member Fred Mascolo said. Mr. Mascolo had recused himself from the Wave Lengths proceedings at the EPB. “I hope and pray we find a resolution where everybody’s happy.”
“I didn’t put my life savings in this building to have this happen,” beleaguered Wave Lengths owner Jayne Leaf said. “It was a mistake; it was just a mistake.”
A large contingent in the packed meeting room was there to support the project, and Ms. Leaf.
“I honestly do not believe that this was some sleight of hand, it was a terrible mistake,” Stacey Wallace of Edgartown said. “Jayne is suffering the consequences more than anyone on the Island. She’s also trying to create housing. I don’t know why we’re waiting.”
“This is a tough one; everybody wants us to be a hit man,” commissioner Trip Barnes of Tisbury said. “I know damn well this wasn’t planned this way. Jayne’s been scrapping since she was a kid. I’ll be damned if I’ll vote to rip the top of the building off the week before Christmas.”
Commissioner Josh Goldstein of Tisbury expressed concern about the precedent the commission would be setting if it approved a project under these circumstances.
“I don’t think we need to be concerned about precedent,” chairman Jim Vercruysse of Aquinnah said. “Everything we do is unique.”
In other business, the commission made quick work of three DRI deliberations and decisions.
Sydney Hotel and Lampost projects approved
The MVC unanimously approved plans for the construction of the Sydney Hotel in Edgartown — a new, 10,000-square-foot building on what is currently an empty lot at 22 Winter Street. The new building will have 14 hotel rooms, five employee housing units, a small bakery, parking spaces, and landscaped public space.
The Lampost in Oak Bluffs also received unanimous approval to convert the top three floors of the five-story nightclub and restaurant into employee housing. Commissioners expressed concern about up to 28 people sharing one bathroom on the third floor, but decided it was a problem for the owners to resolve.
Vineyard Decorators furniture store also got unanimous approval for a 4,500-square-foot addition, which will be used for storage and seven additional loading bays.