Edgartown planning board rescinds vote to approve Mullen Way subdivision.
Mark Lovewell

Planning Board Rescinds Vote on Mullen Way Development

Two weeks after they unanimously approved a subdivision on Mullen Way, the Edgartown planning board has rescinded their decision and referred the project to the Martha's Vineyard Commission.

Two weeks after they took a unanimous vote to approve a 10-lot subdivision on Mullen Way, the Edgartown planning board has rescinded their decision.

The board has now referred the project for regional review by the Martha’s Vineyard Commission, citing a recommendation from town counsel.

“If our town lawyer says we made a mistake, then so be it, we made a mistake and we need to correct it,” said planning board chair Fred Mascolo at a public hearing on Thursday.

The project in question is a subdivision off Pease’s Point Way that features nine buildable lots and one open space lot of 1.71 acres. Developer Michael Kidder proposed a nine-lot subdivision for the property at 19 Mullen Way in 2006, which was referred to the Martha’s Vineyard Commission and subsequently withdrawn.

Plans call for nine single family homes of 2,800 square feet. At a public hearing earlier this month, some abutters raised concerns about adding more homes to the narrow road. The planning board members praised the subdivision plans and said there were several narrow roads in the town.

In a letter sent this week, town counsel Ronald H. Rappaport advised that the plan should have been referred to the MVC in the first place, before the board took action.

A letter to the town from Martha’s Vineyard Commission executive director Mark London prompted the board to consult town counsel about whether the project should be referred to the regional organization.

“When a subdivision shows 10 or more lots, the board has no discretion on whether to refer the development to the MVC,” Mr. Rappaport wrote.

The board initially voted against referring the project to the Martha’s Vineyard Commission, despite a call for a referral from an attorney representing abutters.

“I have been on the board a long time, and I have seen tons of nine-lot subdivisions with open space and they were never referred, but I guess now there is a different scrutiny in place,” Mr. Mascolo said.

Board members reiterated that they didn’t think the project had regional impact.

“I have no problem sending it over,” said Michael McCourt. “My only problem is that the applicant is going through hurdles I don’t think are necessary.” Mr. Kidder has revised his proposal to include nine total lots instead of 10, but Mr. Rappaport is advising the planning board not to take action on that until the MVC has addressed the project that has been referred.

Comments

Submitted by Anonymous (not verified) on Thu, 01/29/2015 - 23:12

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Fink Edgartown

Mr. Marcolo & McCourt got knocked of their high horses.

Happy to see that common sense prevails!

Submitted by Anonymous (not verified) on Thu, 01/29/2015 - 23:18

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Fink Edgartown

Just a question to Mr. Mascolo: you have seen a "ton of 9 lot sub divisions".

Please do us a favor and name them. Talk is cheap!

Submitted by Anonymous (not verified) on Fri, 01/30/2015 - 12:23

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Carla Cooper Edgartown

Just how does a 9 lot subdivision off a side road in Edgartown have any impact whatsoever regionally? Is fear of getting sued how we are making decisions on everything now? Do the boards now have no choice even if referral criteria are not met? There is no regional impact, period. The MVC likes waving around their big stick, and shoving that stick up..... welll you can see where Im going here.

Submitted by Anonymous (not verified) on Fri, 01/30/2015 - 15:39

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Colin EDG

I love the tiny road really hope the useless 9 houses get denied would have to see them get made the road is not made for 9 more houses

Submitted by Anonymous (not verified) on Sat, 01/31/2015 - 00:48

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777s Boston

I have been an urban planner for 31 years: The town planning board should render a decision and not waste the MVC's time.

Submitted by Anonymous (not verified) on Sat, 01/31/2015 - 09:42

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BK

Well,good! Glad to read someone has come to their senses!
That is NOT the place for a subdivision.. Talk about changing the character and creating a safety hazard, not to mention noise and light pollution at night....This would be a text book case of all above!

Submitted by Anonymous (not verified) on Sun, 02/01/2015 - 12:51

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Ken Edgartown

We pay 384k for the mvc, use them. I remember when Edg. had the moratorium then reversed direction, now very few lots are left. Surprising thing now is how many homes built in the 80s are being bull dozed and rebuilt just because someone needs a lot.

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