The owner of the former Lampost building in Oak Bluffs went to court against the Martha’s Vineyard Commission late last week.
The owner of the former Lampost building in Oak Bluffs has gone to court against the Martha’s Vineyard Commission, seeking to overturn a decision denying his request to reduce the number of restricted workforce housing units in the building.
A complaint filed in Dukes County superior court on Sept. 9 claims that the commission not only exceeded its authority on the merits but later failed to record its decision in a timely manner. The lawsuit argues that the MVC’s delay in filing the decision amounts to what is known as constructive approval.
The court complaint marks the third lawsuit against the commission this year.
The redevelopment of the mainstay building on lower Circuit avenue that was formerly a tavern has a complicated history. The first plan was approved by the commission as a development of regional impact (DRI) in 2017. A year later that plan was modified, after a zoning change in Oak Bluffs allowed for a new configuration of 10 apartments with 22 bedrooms on the upper three floors of the building. All the units were expressly restricted by the commission as workforce or year-round housing.
Last year after it came to light that some of the units had been rented out as short-term summer vacation rentals, a dispute arose between building owner Adam Cummings and the commission over whether he was out of compliance, since not all the units were being used as workforce housing.
At a contentious public hearing in December 2021, Mr. Cummings disputed the language in the 2018 decision, saying it could be interpreted in different ways. Commissioners strongly disagreed. Later Mr. Cummings filed a formal request to modify the DRI by restricting only four of the 10 units as workforce housing.
On May 5 the commission voted unanimously to deny the application, with commissioners taking special note of the current dire shortage of worker housing on the Vineyard.
For reasons that are not immediately clear, the written decision — the final step in the MVC DRI process — was not recorded with the Oak Bluffs town clerk and the Dukes County Registry of Deeds until August 22.
The lawsuit was filed by Windsor Circuit, Ltd., which identifies Mr. Cummings as its president. Windsor Circuit is represented by Peter A. Brown and Thomas D. Orr of Brown Legal PLLC in Boston.
The plaintiff is asking the court to annul the decision and award unspecified damages.
Meanwhile, last month Island Elderly Housing sued the commission over its conditional approval early this summer of Aidylberg 3, a small affordable housing development for senior Islanders.
Attorneys for IEH are claiming that conditions imposed by the commission — one requiring a complete redesign of the facility and another requiring the use of electric heat pumps — would pose an undue financial burden.
Also last month the commission settled out of court with the Harbor View Hotel after it had sued over a set of conditions that accompanied the approval of a complicated expansion plan at the Edgartown hotel.
To resolve the litigation, the commission revised its written decision, modifying the conditions.
Comments
Intent of bad faith permeates
George Stein OBIntent of bad faith permeates the motion to ignore the original intent creating approval of the alterations
So the plaintiff spent 4
Roger A Oak BluffsSo the plaintiff spent 4 years profiting and ignoring the language on his original proposal that was approved by the MVC. Now that the tide has shifted, he's going to argue that a 3 month delay in recording notes is a problem...that deserves a come on man.
This smells more than the old
Schools Out TisburyThis smells more than the old Lampost did. One of the few cases I hope the MVC wins.
Just so I understand the
gina Menemsha/NYCJust so I understand the basis of Mr. Cummings law suit, he reneged on the original MVC approval rules for his buildout.. When he was finally caught being in non compliance he sues the MVC on a technicality ?? The real problem here IMO is that he was able to find a law firm to file it..
Ridiculous sore loser....
..
The MVC should file a counter
Gary VHThe MVC should file a counter suit for "breach of contract" and ask for all profits made while he operated an Airbnb in direct violation of his conditions. Those units were only allowed to be constructed because they were to be year round housing.
Like others, I have some issues with the MVC, but not in this case.
I don’t understand why Mr.
Tim OBI don’t understand why Mr. Cummings is forced into keeping his property for workforce housing? You should be able to to do whatever you desire with your property as long as it does not violate Town Zoning issues.
Is there a restriction on the deed for the property that was agreed upon?
This can be a slippery slope if we are forced into this type of restrictions on someone’s private property.
What slippery slope? Mr.
Angela OBWhat slippery slope? Mr. Cummings came to the MVC with his plan for year round worker housing, and that plan was approved -- it was the basis for allowing renovation to the old Lampost. There's really only one person who's slippery here.
I agree Tim this is an
Ron OBI agree Tim this is an overreach to say the lease. Look at the MVC charter when it was first established years and years ago. The idea was good then today not so much.
Add new comment