In a hostile standoff with the commission over whether renting out restricted workforce housing as short-term summer rentals violates a condition attached to a prior approval, the owner of the Lampost said he is not out of compliance.
In a hostile standoff with the Martha’s Vineyard Commission Thursday night over whether renting out restricted workforce housing as short-term summer rentals violates a condition attached to a prior MVC approval, the owner of the Lampost in Oak Bluffs has agreed to return with a formal request to modify his redevelopment of the Circuit avenue bar.
First approved by the commission in 2017 and modified in 2018, the phased plan eventually resulted in 10 apartments with 22 bedrooms in various configurations on the upper three floors of the building. All were restricted as workforce or year-round housing.
Appearing before the commission Thursday night, owner Adam Cummings acknowledged that he has been renting the apartments out as summer rentals — although not currently.
“We’re not hiding anything,” Mr. Cummings said. “I am not out of compliance.”
The dispute has been brewing since last summer when it came to light that the Lampost apartments were being rented out as Airbnbs, according to commission documents and statements at the online meeting Thursday.
Commissioner Doug Sederholm, who led a committee appointed to investigate the matter, recounted the history of the project, which included conditions restricting the use of the apartments as workforce or year-round housing, and requiring the applicant to submit annual reports showing compliance.
No reports were submitted, Mr. Sederholm said on Thursday. MVC executive director Adam Turner and DRI coordinator Alex Elvin took steps to address the issue with the applicant beginning last June, but made no progress, according to documents and recounted by Mr. Sederholm. Initial emails and letters saw no reply; more recently Mr. Cummings’s Island attorney Geoghan Coogan wrote to the commission, saying that Mr. Cummings is not violating the condition.
On Thursday Mr. Cummings confronted commissioners in the bluntest terms, offering a different account of the events of last summer with Mr. Turner and Mr. Elvin, prompting a sharp rebuke at one point from Mr. Turner.
He also said he had been given no notice that the commission was due to discuss the matter Thursday, and that he had learned about it from the Martha’s Vineyard Times, whom he claimed had rented one of his Airbnbs, although he gave no specifics.
In an email to the Gazette Friday morning, Times editor George Brennan disputed the statement made by Mr. Cummings at the meeting.
“We have never rented an Airbnb from Mr. Cummings. Any suggestion we did is hyperbole. We did reach out to the host on the Airbnb site in our due diligence reporting the allegations against him,” Mr. Brennan wrote.
Commissioners took their own tough stance. More than one had been there for the 2017 vote on the Lampost redevelopment as a development of regional impact (DRI).
Commissioner Fred Hancock noted that the workforce housing was proposed by the applicant in the first place. “This was not an affordable housing mitigation; this was their business plan,” he said.
Questions of responsibility on the part of the commission were also raised, and there was brief discussion about the followup process on DRIs.
“Why was this not addressed earlier?” commissioner Ben Robinson said.
But commissioner Jim Vercruysse said the burden is on the applicant, not the MVC, when it comes to compliance with conditions.
“It’s not up to us, it’s the applicant’s responsibility to adhere to the rules,” he said.
After numerous heated exchanges, Mr. Sederholm addressed Mr. Cummings.
“I think we have a difference of opinion when it comes to what workforce housing is,” he said. “If your plan is to go forward and rent these apartments as Airbnbs or something other than Island workforce housing, then we have something to talk about.”
Commissioner Ted Rosbeck urged cooler heads, suggesting that the commission delay discussion to when a hearing is held on the modification plan.
“Why don’t we just figure it out, why don’t we just discuss it. I think everybody should just take a step back,” Mr. Rosbeck said.
Other commissioners took a different view.
“I move we ask counsel to initiate proceedings . . . this applicant has shown no remorse and plans on continuing doing it and saying he’s going to rent this property to anyone who shows up with a fistful of money,” Mr. Hancock said.
At that point Mr. Sederholm suggested the meeting move into executive session. But chairman Joan Malkin offered Mr. Cummings a narrow middle ground: agree to come back within 30 days with a formal request for modification, and agree to stop renting out the apartments as short-term rentals in the interim.
Mr. Cummings agreed to most of it.
“I have taken reservations for August. I will not take any new ones but I will not cancel the advance reservations,” he said.
The vote by the commission was 12-0 in favor of the motion. Commissioner Brian Packish, who is an Oak Bluffs businessman, recused himself from the discussion at the outset but did not leave the meeting.
Updated to include a comment from Martha's Vineyard Times editor George Brennan.
Comments
“I have taken reservations
A Man Of His Word“I have taken reservations for August. I will not take any new ones but I will not cancel the advance reservations,” he said.
Now Mr. Cummings is a man of his word? lol
The MVC is attempting to
Frank Brunelle Vineyard HavenThe MVC is attempting to force a property owner to comply with conditions he suggested. But at the same time it will not comply with conditions it vowed to enforce regarding Co2 emissions and allows bus transportation to function with most trips mostly empty or few passengers and this goes into the summer season on many routes as well. They are supposedly wanting a Net Zero Co2 goal by 2040 or 2050 (scientists say we must reduce emissions by 50% by 2030 but that is another matter). So how is it that the Commission has the moral authority to force compliance with a property owner when it is grossly out of compliance with its mission in so many instances. The list is long, is it not?
Here here. The MVC never
Lucy VHHere here. The MVC never enforced a single condition on the 40B housing project they approved in my back yard. Violations galore, consequences I live with every day. “Fairwinds” in VH.
What’s the point of MVC?
Tom EdgartownWhat’s the point of MVC? Except for costing millions of dollars to tax payers, what a joke…
was designating his property
mike Martha's Vineyardwas designating his property "workforce housing" a requirement for approval? if it was for airbnb, would they have denied? this is getting nasty.
question is has he been
taxation Oak Bluffsquestion is has he been paying his short term rental tax?
AirBnB collects and pays the
David EdgartownAirBnB collects and pays the short-term rental taxes, not the property owner.
Yes, it was a required
David WTYes, it was a required condition
I'm gonna tell you I'm doing
Fed up EdgartownI'm gonna tell you I'm doing workforce housing, so I can get more apartments, have an easier time going through the process and look like a great guy. Just to turn around and take those 10 apartments away from year round workers so I can line my own pockets. I hope there is something the commission can do about this and that they have the spine to do it. This man is a perfect example of what we do not need here.
Perfect example of "It’s
RC DCPerfect example of "It’s easier to apologize than to get permission"
It would be nice to hear why
John Aldeborgh KatamaIt would be nice to hear why the owner thinks he’s not violating the conditions in the original agreement. I believe that’s the real unanswered question. Seems to me we should be both fair but firm. The community/MVC should be consistent and treat everyone the same.
He has the opportunity to do
David WTHe has the opportunity to do that but failed to. His attorney only stated that he is currently in compliance at the moment which means that there are no Airbnb renters currently at the property.
It’s a big con with a bunch of half truths. The fact is he is dead wrong but in the world today instead of apologizing or acknowledging fault people just go on the attack.
It’s shameful and will be worse if the commission allows him to modify the terms so he can do this.
The MVC was designed ONLY to
Mark Acker MVCThe MVC was designed ONLY to regulated regional projects, that effected multiple towns. Over the years the MVC has been on a power grab to regulate what is considered Town business. We have various Boards to regulate development in each Town. Why is the MVC now regulating who a landlord rents to? The Board of Appeals can do that. The MVC needs to be scaled way back, and they should read their charter.
Agreed the time has come to
Bob EdgartownAgreed the time has come to do away with the MVC which costs taxpayers over a $1,000,000 every year and that number keeps going up. The MVC was a good idea when started but try ending any Government job that has passed its usefulness. Very hard to do but we should end the MVC along with Dukes County Government as well and save the island tax payers millions of dollars a year.
Nah, I think the MVC does a
NaBob Oak BluffsNah, I think the MVC does a good job 95% of the time. That's an A grade. I'm generally happy with their influence on slowing potential out of control construction.
Thank you MVC for calling
Susan Desmarais Oak BluffsThank you MVC for calling this out. Mr. Cummings…you come off as arrogant and selfish. You employ islanders and people that keep your business running but won’t honor a commitment you made? Unacceptable.
In the event that Mr.
Islander Martha’s VineyardIn the event that Mr. Cummings did in fact propose workforce housing, was approved to do so, and is today renting out those same workforce housing rentals as Airbnb‘s, he needs to return to his original proposal, and it should be made perfectly clear, that he has not kept his word. Workforce housing is tantamount to maintaining appropriate development for Martha’s Vineyard. I said hope that this newspaper article brings to light the cause-and-effect of this business owner and his dealings with affordable , workforce housing. Meanwhile, I will refer to Shakespeare with respect to lawyers.
"Islander" needs to refrain
An Ethical Lawyer Chilmark"Islander" needs to refrain from taking Shakespeare out of context:
When Shakespeare had one of his characters state ''Let's kill all the lawyers,'' it was the corrupt, unethical lawyers he was referring to. Shakespeare's exact line ''The first thing we do, let's kill all the lawyers,'' was stated by Dick the Butcher in ''Henry VI,'' Part II, act IV, Scene II, Line 73. Dick the Butcher was a follower of the rebel Jack Cade, who thought that if he disturbed law and order, he could become king. Shakespeare meant it as a compliment to attorneys and judges who instill justice in society.
Did this guy Shakespeare ever
Paul Condlin EdgartownDid this guy Shakespeare ever mention what to do with the Martha's Vineyard Commision?
Enlightening information
Observer EdgartownEnlightening information which you gleaned and passed on.
Thank you, “Ethical” Lawyer! But seriously….great information.
“Dick the Butcher was a follower of the rebel Jack Cade,
who thought that if he disturbed law and order, he could
become king. Shakespeare meant it as a compliment to
attorneys and judges who instill justice in society.”
-DEBBIE VOGEL (New York Times June 17, 1990, Section LI, Page 12)
There is such a thing as
Islander Martha’s VineyardThere is such a thing as syntactical change in linguistics, and we all know what that phrase means today by Shakespeare. The original meaning has taken on a new one over the years, it doesn’t mean the original is invalid, but it does mean that the current meaning is also valid. Nonetheless, it’s good for others to understand the original context.
I hope no one falls for this
Ken Edg.I hope no one falls for this again. They get fooled once no reason to offer this ever again. The workforce folly is just a ruse to make money on short term rentals. Lesson learned.
Totally agree
JohannaTotally agree
Bingo. And then they act
TisKid VHBingo. And then they act surprised and angry when you figure it out and say so out loud.
Shame on the MVC and the Town
Jerry Oak BluffsShame on the MVC and the Town of Oak Bluffs for letting this happen at all! This is a slap in the face of the island community who is struggling for housing to keep businesses afloat and roofs over our heads. We have trusted the MVC with preventing this type of racket. The MVC should take away building owners residential occupancy permit until he complies with the original plan. Do not relent with Mr. Cummings, teach him a life lesson and send a strong message to future developers that this type of fraudulent scheme doesn’t fly on the Vineyard!
Meanwhile back on Circuit
George Stein Oak BluffsMeanwhile back on Circuit Avenue … is that Theatre getting national landmark status yet ? The apartments in question on this thread are part of the waste water over load problem I guess . Please accept my apology for using my actual identity.
Good point re: The theatre /
JohannaGood point re: The theatre / it should absolutely be designated a historic landmark.
Good for you on the name,
edward spalding North Plam Beach / Ft LauderdaleGood for you on the name, more should, maybe everyone or don't get published.
Meanwhile back on Circuit
George Stein Oak BluffsMeanwhile back on Circuit Avenue … is that Theatre getting national landmark status yet ? The apartments in question on this thread are part of the waste water over load problem I guess . Please accept my apology for using my actual identity.
There is a proposal to create
MarieThere is a proposal to create a Housing Bank. Millions of dollars to be managed by a new Vineyard agency. There will be rules for who is entitled to this windfall. I have no confidence that the Housing Bank won’t be another mismanaged program funded by Other People’s Money.
The MVC can’t manage oversight for 10 apartment for workforce housing.
If he agreed to workforce
Brenda Oak BluffsIf he agreed to workforce housing for the permits then it MUST BE WORKFORCE HOUSING.
PERIOD.
Done and final.
Please don’t blame the MVC it
Tom Emgley West TisburyPlease don’t blame the MVC it has many smart people. They aren’t a policing agency they work many hours trying to make a difference and they in fact make a huge difference. I’ve had inspections on buildings I’m in charge of twice two different building inspectors said “looks good now u can change it after I leave”
What about all the little houses built in the Art section of OB all in a cluster. I was told those were affordable house but they are summer rentals. This circuit avenue building is a prime example of skirting the law. And thumbing their nose at authority. Very sad we are doomed.
Tom, I believe those are
Ed MvTom, I believe those are owned by Brian Packish and rented as short term rentals. I wonder if that is the same Brian Packish?
Interesting that Mr Packish
Ed MvInteresting that Mr Packish recused himself. How many short term rental units does he own?
Agree strongly. Brian Packish
Susan Desmarais Oak BluffsAgree strongly. Brian Packish has too many vested interests in OB to be impartial on either the Selectboard or as their rep to the MVC.
In the real world most
Brian C. Smith OAK BLUFFSIn the real world most communities would welcome someone willing to invest in improving the downtown area and offer tax incentives or other offers to thank them for their investment. The MVC penalizes those investors in our community. Time for some new blood on the MVC!
In the real world where
J Shea VHIn the real world where people agree to things and then one party goes on to to not do what was agreed to? And makes a profit doing that said I agreed to thing , that real world where your friend was greedy and petulant when called out on it ,that real world?
Leave the guy alone,aleast
Bob West tisburyLeave the guy alone,aleast the building is clean,I wonder how many business in town should be shut down because of the dirt of them???,
This redevelopment/conversion
Jack A. West TisburyThis redevelopment/conversion of the third, fourth and fifth floors of the building from two floors of a bar to 10 apartments was not a build by right for the owner. There was a negotiation with restrictions. The owner got increased square footage (1500), increased sewage flow, and an almost 50% reduction in taxable property value ($13,500 per year reduction in annual tax ) to build permanent workforce housing. Workforce housing was further defined in the MVC dri documents attached to the deed as employees from island businesses. So, I really don't see a need to renegotiate the deal. The MVC should enforce their modifications to the deed as apartments used exclusively for Workforce housing, or sell the property to a new owner who rents the units as workforce housing.
I lived on the island for
Joanne Philbrick Norwich CTI lived on the island for almost 30 years. Some of the best times of my nearly 80 years on this planet. My dream was to return to this piece of heaven on earth. NO longer. The island has become what most of us wanted to get away from. Greed, corruption, money hungry people who just want what they want and the hell with everyone else. Sad commentary.
Think about it. 10 Apartments
Ken Edg.Think about it. 10 Apartments to rent during the summer would be at least 200k. We arent talking peanuts here. I hope something can be worked out to let the people in there now to stay.
In the end, folks need to
Say one thing..do another? EdgartownIn the end, folks need to look at how this property was approved to go forward. See the following report from November 2016: https://www.mvcommission.org/sites/default/files/docs/DRI%20670%20Lampo…
Mr Cummings has rented these units for several years and I'm sure has made a phenomenal profit. And as he states, he will continue to do so for the 2022 season. So what is the MVC going to do? You cannot blame them for brining this up when the owner has clearly pulled a fast one.
I would encourage anyone, who
Oak Bluffs Resident Oak BluffsI would encourage anyone, who is interested, to go to masslandrecords.com and look up the MVC decision (book 1429 page 916 filed in 2017) and the modification of that decision (book 1476 page 88 filed in 2018). They both make interesting reads and make very clear that the housing was to be for year-round and seasonal work-force housing only.
Mr. Cumming is in violation
Johnny West tisburyMr. Cumming is in violation of his special permit. He should either cancel the rentals Or forfeit any amount of money, above what workforce housing would have normally paid to a fund held by the town of oak Bluffs. If he's not going to do this, The town needs to issue a cease and desist and prohibit him from renting at all until he agrees to comply. The last option is the town sues him for the difference in the rental amount and enforces compliance. Mr. Cummings understands that workforce rental rates are not insubstantial, higher than "affordable rates" and this is simply an act of greed on his part. Shame on you.
Agree with Fed Up and Jerry
ecs North Plam Beach / Ft LauderdaleAgree with Fed Up and Jerry among others.
Oak Bluffs has a long history of what I would call self-dealing and a general inability to effectively administer itself.
Where would this Island be without MVC but MVC should not be the enforcement agency. The Vineyard ain't what it used to be and with the growth of population additional administrative resources are needed. I the Island is going to regulate housing there needs to be a means of enforcement; we are dealing with human beings here and money. Need I say more.
That said my solution is to let the market solve the housing problems. When the vendors can't get enough workers they'll pay up so they can afford housing and everyone who uses their services will pay more which is the way this country is supposed to work.
We have had the same housing
Islanders MVWe have had the same housing crisis for at least 10 years, I agree with you that this is how the country is supposed to work, let the market solve the problem, but much like on the national level, it hasn’t happened here, at all and it’s only gotten worse. All that happens here is that home values have skyrocketed due to demand, making homeownership a pipe dream for anyone who actually lives and works here. I see where you are writing from, and it’s probably a safe guess that you are doing fine, and perhaps have done so over a long life. I know people want to hang on, but the market has not worked on Martha’s Vineyard in this way, I wish it did, too. Employers do not feel the need to pay more, they can always replace workers with visa workers, and there is nowhere to live left, anyway. Come live here, you will probably not feel the same way. The market for now, here, turns out to be the problem, not the solution. There is nothing in the Constitution that says the country should work the way we are describing.
Add new comment