The Harbor View Hotel has sued the Martha’s Vineyard Commission, challenging the conditions attached to the recent approval of an expansion to the hotel’s spa, calling them unduly onerous, irrelevant and even illegal.
The Harbor View Hotel has sued the Martha’s Vineyard Commission, challenging the conditions attached to the recent approval of an expansion to the hotel’s spa, calling them unduly onerous, irrelevant and even illegal.
The commission approved the spa expansion in a 9-5 vote on July 22, with more than a dozen conditions that included barring the hotel from accepting cash transactions at the spa, the submission of a plan for the hotel’s pool bar and a $500,000 affordable housing contribution, among other things.
In a 26-page appeal filed on Tuesday, Sept. 14 in Dukes County superior court, lawyers for the historic Edgartown hotel expressed frustration with the commission’s decision, requesting the removal or modification of 14 conditions. The complaint was signed by attorneys Kevin O’Flaherty and Mariana Korsunsky. Mr. O’Flaherty is Boston lawyer who has represented the Harbor View in various legal skirmishes since 2019.
“The conditions imposed by the MVC grossly exceed its authority and violate its own enabling act,” the complaint says in part.
The lawsuit represents the latest move in an ongoing legal saga that has pitted the hotel and local regulatory bodies against a group of neighbors in the Starbuck’s Neck neighborhood amid incremental changes on the hotel property, including the controversial pool bar.
The expansion of the hotel’s Bradley Cottage into a 4,000-square-foot spa came before the commission late last year as a minor modification to the hotel’s previously approved, $55 million redevelopment plan, which has played out in various stages since 2008.
The spa proposal stirred broader concerns from neighbors, who used the commission forum to vent frustration about what they described as continued, piecemeal developments over the past three years that have affected the character of the residential area.
After multiple public hearings and adaptations, the commission approved the project with strict conditions limiting the hotel’s commercial development.
Other conditions limit the hotel’s use of a property it ownes at 119 Water street, and require the hotel to submit a five-year master plan for the property. The MVC placed strict timelines on construction, and required the establishment of a long-term neighborhood preservation committee that includes abutters within a 600-foot radius of the hotel.
In the appeal, hotel lawyers argue that the conditions imposed on the spa and hotel could render it financially untenable and are peripheral to the proposed project. They state that the hotel made considerable concessions during the public hearing process that the commission refused. Instead, the complaint alleges, the commission kowtowed to neighbors by instituting more onerous requirements.
The complaint also argues that one condition, requiring spa payments to be charged to hotel rooms, is illegal under state law.
“The hotel was pressured by the MVC to withdraw its request that the spa be available to the public,” the appeal alleges. “The MVC ignored the hotel’s concession and imposed a more onerous condition, limiting the spa to hotel guests only and prohibiting, in violation of Massachusetts law, guests from paying in cash for spa services.”
The complaint also claims that concerns about noise, cleanliness, lighting, traffic and property values regarding other developments to the hotel, including the pool bar, were unrelated to the spa development, and should not have been included in conditions.
“With the exception of traffic, these alleged impacts were completely untethered to any possible from the minor and relatively innocuous modifications requested in the application,” the appeal says.
The appeal was filed within the 20-day statutory limit for legal challenges to commission decisions. The commission has not yet responded to the complaint.

Comments
So, Harborview has no
Laura EdgartownSo, Harborview has no intention of living with the conditions. Perhaps it's time to reopen the hearing, since that was not made clear by Harborview attorneys at the time. Deny the request. Period.
Prohibiting the use of cash
ObserverProhibiting the use of cash stands out immediately as a flaw. For one, Massachusetts law requires the acceptance of cash for retail transactions. That seems like an indefensible condition.
No, it’s not. You would
DrewNo, it’s not. You would still be able pay cash for spa services, you just couldn’t make the payment AT the spa.
Bill it to your room and you can then settle the bill with cash. It was put in place to ensure that only hotel guests were using the spa.
It is lawyer spin because the hotel wants the spa open to the general public, not just hotel guests.
So, let's just create a
RC DCSo, let's just create a "resort" tab. Come on in, have some lunch. Leave your tab open and have a massage. Then, when you're done at the pool and bar pay your tab with a card. Sounds like any other resort that offers amenities by the day.
I applaud the Harbor View
Jane Chittick Amelia IslandI applaud the Harbor View neighbors and all the many Edgartown residents who remain firm about upholding the zoning bylaws that were enacted decades ago by the townspeople to protect the character of the town and its residential zones. I hope the MVC gets competent attorneys to defend them.
I understand their was one
Mark Acker VhI understand their was one condition that prevented Islanders from using the spa! I thought the MVC was here to make our lives better? Can you make the MVC explain that restriction!
I agree! This is just a few
Islander Too Edgartown ResidentI agree! This is just a few of our evil neighbors unhappy with where they decided to purchase their house. If you don’t like progress, move to Northern Italy but we must progress. Businesses like the HarborView are why our Town taxes are so low….
Totally agree! The Harborview
Elizabeth Bostrom EdgartownTotally agree! The Harborview is open to public for drinks and dinner. Many can use the wonderful porch for meeting and greeting friends.
Why not have a spa that community can use too!
The Harbor View is no victim,
COH EdgartownThe Harbor View is no victim, and this particular action reeks vendetta. "With the exception of traffic, these alleged impacts were completely untethered to any possible from the minor and relatively innocuous modifications requested in the application." Nothing the Harbor View has done has been "minor" or "innocuous." Traffic is one of the main issues; how can it be "excepted?" The giant tour buses roll in and out of the neighborhood, loaner cars from the hotel regularly speed through stop signs, smokers and cigarette butts accumulate on the street as N. Water St. turns into Starbucks Neck, and drunken guests walk through the neighborhood at all hours of the night. But that is not what this is about. This is about the hotel's insatiable appetite for expansion not included in the original plan and the MVC's pushback to limit the development of an 4000 sq. ft. building and the commercial use of a residential dwelling; "minor modifications" to their master plan in their view, but one more picket from our fences on the bonfire of their vanity! Good fences make good neighbors. Could we please be good neighbors and stay on our sides of the fence?
It is amazing that a FEW OLD
Tony EdgartownIt is amazing that a FEW OLD Edgartown residents WHO have benefitted GREATLY to their WEALTH and livelihood because of places like The HVH, want to use MVC to regulate the lives of EVERYBODY ELSE. This is America and part of having FREEDOMs is the NECESSITY to GIVE a little and the NEIGHBORS of HVH around Starbucks Neck are just a bunch of RICH OLD unpleasant individuals. Listen to their complaints and then ACTUALLY hang out in the Neighborhood...IT is quiet and the traffic is ALL tourists who go see the the LIGHThouse and largest beach area of EDGARTOWN VILLAGE< Not just HVH... So stop blaming the HVH for a few drunks who WALK the SIDEWALKS that are OPEN to everyone BY LAW.. and remember these jerks who own houses and who think that includes CONTROLLING the lives of individuals who visit, are the ones who have CLOSED BEACHES to the public and other atrocities to FREEDOM, and squander public monies for their own wealth.
MVC needs to be taught a
T Bone Oak BluffsMVC needs to be taught a lesson about abuse of power. I'm glad the Harbor View has the legal muscle to do this. Go, Harbor View!
I agree T Bone! MVC is a
Ted EdgartownI agree T Bone! MVC is a waste of our tax payer money
Just when you thought the
Adelaide L. EdgartownJust when you thought the rates at the HV couldn’t possibly get any higher than they already are… rack up massive legal bills and then have to raise the room rates even more.
Now the MVC has 2 lawsuits
Bob EdgartownNow the MVC has 2 lawsuits pending both brought on by themselves in over reaching their charter. This current group of MVC commissioner's are out of control and costing the island tax payers huge legal fees. The legal fee budget just went up. All of this could be avoided if we just lived in a reality of the real world instead of the utopia of dreams.
At least they stopped ahort
George Stein Oak BluffsAt least they stopped ahort of insisting on whipped cream with a cherry on top
With the type of “blight” we
Bob Johnson EdgartownWith the type of “blight” we see on the backside of the flying horses, strand theater; it is amazing that there is resistance to how incredibly beautiful the Harbor View is now! as it could be in someone else’s hands and run into the ground!
The Harborview is a good
Charlie Callahan So Boston/EdgartownThe Harborview is a good neighbor. They pay fair wages and employ a lot of people and treat them ok. The whiners on this page think they own the island,and don't want businesses expanding cause they already have or stole their piece of the pie and want everyone else out.Not happening,better call your shrinks
Is it possible that the
Local girl EdgIs it possible that the Harborview abutters didn’t realize they were buying a home next to a very large hotel?
Is it possible that the
Local boy EdgartownIs it possible that the investors in the Harbor View Hotel did not know they were buying a hotel in a residential neighborhood, and would therefor be limited, as a use that did not conform to zoning, to the historical scale and use of the hotel?
Once again, a washashore - or
Islander Martha's VineyardOnce again, a washashore - or, actually, someone who doesn't live here at all but up in Boston - is suckling off the Vineyard brand of luxury (A spa? Yes.) to make money, the Harborview. It's not as if it's to further comfort their wealthy clientele. Well, maybe - but they aren't going to lose business in booking rooms, not in these times and they are almost always sold out regardless, so it's ultimately, as usual, about making even MORE money. Add to that that most of their employees are not Islanders and you get a typical equation - a business where the money goes off-island and those who work there, from all backgrounds, also take the money off-island. Do people really still believe the myth of the tourist economy that keeps us "afloat"? Anyone remember Henry's? Now that was a nice spot for locals.
Please explain the
Mark EdgartownPlease explain the composition of the MV economy, do you have any statistics to support your claim that its not dominated by tourism?
This island AND Edgartown are
Islander Too EdgThis island AND Edgartown are almost fully funded by tourists. You better start loving them or your precious way of life will be gone. All you have to do is deal with a little traffic 12 weeks of the year. BTW. The last study by the DC shows that MV is 83% tourism dollars, 6% local dollars and 11% transient. That means that even the people who come to live here for only the summer contribute more than the us islanders living full time. I love tourists, that’s why I moved here 36 years ago. You should too or move to a town without tourists…there are plenty to chose from in this country.
I'm shocked that a business
GGI'm shocked that a business would want to make "more" money. What a dumb way to run an enterprise.
Also, the "myth" of the tourist economy is only a myth to those rich enough that they dont rely on it.
This spa concept is nothing
Not a nimby EdgartownThis spa concept is nothing new. An investment group headed up by a venture capitalist / abutter owned a piece of the Harbor View before the current owners. This investment group had plans on the books to build a spa and wellness center even more elaborate than the one the Harbor View currently proposes. You have to wonder if the neighborhood would be up in arms if their fellow abutter still had a hand in the Harbor View operation and was proceeding with his spa plans.
I would welcome a trip to a
Joan EdgartownI would welcome a trip to a lovely spa as part of relaxing on island. Limiting this amenity to hotel guests seems arbitrary and unfair to those of us who live in town. I rarely use a car in the summer so would stroll quietly up North Water Street and promise not to disturb any neighbors!
I'm on team Harbor View. The
CHERYLL OAK BLUFFSI'm on team Harbor View. The Commission needs to stick to it's fundamental enableing legislation and stop siphoning or manipulating applications over and above what is called for. They are doing a diservice to the residents of the island by not offering the Spa service to the public. Public housing contributions should not be a contingency in the application process
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