The Martha's Vineyard Camp Meeting Association has sued the town of Oak Bluffs for the second time this summer, seeking to reverse conditions imposed in the approval of a special permit for the construction of an auxiliary structure at the Camp Ground Tabernacle.
The Martha’s Vineyard Camp Meeting Association has sued the town of Oak Bluffs for the second time this summer, seeking to reverse conditions imposed by the town’s zoning board of appeals (ZBA) in its approval of a special permit for the construction of an auxiliary structure at the Camp Ground Tabernacle.
The appeal against the ZBA filed Aug. 12 with the Massachusetts Land Court follows a similar lawsuit in July against the Oak Bluffs planning board over conditions listed in its approval of the Tabernacle project.
“The conditions imposed by the planning board have led to the difficult decision to appeal their action and by extension the action of the ZBA to preserve our rights and help work towards a mutually beneficial solution,” reads a statement from the camp meeting association released Monday.
Phase 5 of the Tabernacle renovations would also restore the Tabernacle's roof, with financial assistance from Oak Bluffs.
Phase 5 of the Tabernacle renovations would also restore the Tabernacle's roof, with financial assistance from Oak Bluffs.
On July 11, the Oak Buffs ZBA approved a special permit for the construction of a 1,300-square-foot addition on the back of the Tabernacle. The new structure would provide 10 public bathrooms, storage and backstage access to the wrought-iron structure listed on the National Register of Historic Places. The final piece of a long-running five-phase restoration, the project also includes replacing the Tabernacle roof.
The ZBA’s approval carries a condition that only rough plumbing and no plumbing fixtures be installed at the auxiliary building until a method of wastewater removal is approved by the town. In the appeal of the ZBA’s decision, the MVCMA claims the board reached beyond its jurisdiction and that its conditions are so restrictive as to amount to a denial.
The lawsuit’s language closely mirrors that of the MVCMA’s July appeal of the planning board’s conditional approval, as the religious organization appears to double down on its claim to zoning exemptions.
“In its approval, the zoning board imposes conditions that exceed its authority under the zoning bylaw and under [section three] of the Massachusetts Zoning Act … which exempts religious uses from certain zoning restrictions,” reads the lawsuit filed with the Commonwealth of Massachusetts Land Court.
Planning board chairman T. Ewell Hopkins told the Gazette last month the planning board will file a response to the July lawsuit. That response has not yet been filed. Zoning board administrator Robert Culbert wrote in an email to the Gazette Wednesday that the ZBA has no comment on the MVCMA appeal.
Wastewater was a major sticking point during the planning board’s public hearing process on the project to build an auxiliary structure and restore the Tabernacle’s roof. In its approval of the project in June, the planning board stipulated that the camp meeting association must show evidence of cooperation with the town wastewater department for connecting the bathrooms to the town treatment plant. A second condition in the planning board’s approval requires the association to hire a consultant to evaluate the storm water management plan.
“The MVCMA appreciates that the ZBA … approved the Tabernacle Restoration Phase [five] project, but by incorporating the planning board conditions in the conditions of the ZBA approval, the ZBA conditions further create uncertainty about the project,” reads the camp meeting association’s statement.
The Aug. 12 complaint asks that the Massachusetts Land Court nullify the zoning board’s imposed conditions and find that the Tabernacle addition is not subject to town zoning bylaws as a structure used for religious purposes. The petition also asks the court to award attorneys’ fees and costs.
“As a long-time partner with Oak Bluffs, the MVCMA has and will continue to work with the town to address the issues, particularly with regards to wastewater and look forward to a collaborative and timely resolution,” reads the MVCMA statement.
Comments
I am aghast and embarrassed
Oak Bluffs Grandpa CampgroundI am aghast and embarrassed to see this action taken by the MVCMA. It is not who we are. The reality is that the MVCMA does not have the funds to build this project which is the vision of just a few. A lawsuit doesn't change this. The board needs to elect new responsive leadership who will stop controversial actions like a second lawsuit against the town. The other gazette article on campground residents reaction to the first lawsuit included that President Andrew Patch shared that leaseholders can address the board at the board meetings and I may just decide to do so.
Cottage owners have NO VOICE
Cottage Owner OAK BLUFFSCottage owners have NO VOICE NOR VOTE in these matters. The MVCMA Board, NOT democratically elected, usually decides all if this. However, with these two legal matters, the board president and his small group of devotees launched these ill-advised legal moves. Most cottage owners abject. The prez and his pride march forward. Very sad for all of us. Another dark day in paradise.
There was so much uproar
Campground leaseholder MVCMA campgroundThere was so much uproar among leaseholders about the first suit and now there is a second? To the Town of Oak Bluffs I am so embarrassed. The conditions seem reasonable and appropriate given that we have not been secured any wastewater capacity at any time or in the foreseeable future.
Leaseholders were very upset
Kathleen MVCMA leaseholderLeaseholders were very upset with the Board over the filing of the lawsuit against the town of Oak Bluffs.This is not how we solve our differences. Now, refusing to acknowledge the majority of the leaseholders, they have filed a second lawsuit. The majority of the leaseholders do not want a 10 bathroom facility built on the historical grounds of the Tabernacle. Ask yourself….so why is the board so intent on building it?
The comments made above are
JJ LeaseholdersThe comments made above are from people who have no understanding about the good that is trying to be done and that they do have a say is working together and forming a consensus. The MVCMA is not a democracy and not a homeowner’s Association.It is a religious organization and it is very special ( a treasure). These people don’t realize that they are trying to destroy the very reason that they live here in the first place. Also, each and every one of them sign a yearly lease holder’s agreement that renews the COVENANT that they signed when they bought their home.
They show ignorance, selfishness and lack of community that is becoming all too common in today’s world. Very sad
We are a community that is
OB LeaseholderWe are a community that is also part of a bigger community. If the board wants to work independently of the town, they should not receive public funds. It can’t be both ways. MVCMA is a close community. These actions are what is sabotaging that. The Methodists settled an area in a much bigger community, of OB and MV. These lawsuits make MVCMA look selfish and immature. Pick a lane and stay in it. And respect other opinions.
I am also a leasehold in the
Deborah Palmer Oak BluffsI am also a leasehold in the Campground. This is embarrassing. The town is justified in its conditions.
Unfortunately, we, as leaseholders, have no say in our Board’s decisions.
Comments made by ‘JJ
Longtime MVCMA Leaseholder MVCMA Oak BluffsComments made by ‘JJ Leaseholders’ are insulting in addition to being extremely inaccurate on all counts, except for the “not a democracy” reference to the governance of the cherished community that many of our families have harmoniously resided in for generations.
The facts are clear. It is the MVCMA Board that has filed this lawsuit. Not the residents of our beloved community. Furthermore, the magnitude of the unnecessary accessory building is overall unpopular, Ill-advised, and beyond the resources available to the MVCMA.
The statement that we have “a say in working together and forming a consensus” is inaccurate. One need not look any further than the one-and-a-half year effort to have our American Flag restored to the MVCMA Office Building, where it was flown for decades. A petition, signed by over 200 leaseholders, requesting this action be taken, was submitted to the Board over a year ago. The Board has refused to take any action on this request. So much for working together and forming consensus.
We, the leaseholders and property owners of the MVCMA, have enjoyed life in the Campground for decades and decades. I’m afraid that it is The Board of the MVCMA that is promoting division in our community.
These two lawsuits are such
Another Leaseholder CampgroundThese two lawsuits are such an embarrassment from an organization that actively seeks out and expects financial support from the town. It should be clear that most leaseholders do not support these actions whatsoever and we find it as insulting as I am sure the rest of the town views it. The ignorance being shown is by those who still espouse the idea that this is not a democracy and that the Board is free to do as they wish without consequence or any sort of accountability to those whose leases actually pay the bills. Until a few weeks ago, we hadn't received a yearly financial statement in years showing how OUR MONEY is being spent, which regardless of what they say about the charter and their autonomy, is a requirement of the organization. Might be time for an audit of the finances. There definitely needs to be some equity and accountability from this self-appointing board!
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