The Martha’s Vineyard Commission has agreed to take up the application from a Chilmark property owner to build an accessory dwelling unit in a subdivision where such residences are prohibited by the homeowners association.
The Martha’s Vineyard Commission has agreed to take up the application from a Chilmark property owner to build an accessory dwelling unit in a subdivision where such residences are prohibited by the homeowners association.
The prohibition stems from the commission’s 1986 decision allowing the 71-acre Quansoo property to be subdivided into 16 building lots, with the condition that the homeowners association rules would ban any construction of what were then called guest houses.
Nearly 40 years later, the state Affordable Homes Act became law in 2024, stipulating that homeowners throughout Massachusetts have the right to build accessory dwelling units on their properties regardless of municipal bylaws.
As private entities, however, homeowners associations like the one in Quansoo are allowed to continue banning additional residences.
The MVC also is not covered by the new law, hearing officer Douglas Sederholm said at last week’s commission meeting.
“It only applies to cities and towns. It does not apply to the Martha’s Vineyard Commission, which is a regional planning body that was created by special legislation,”
Mr. Sederholm said, citing an opinion from MVC attorney Johanna Schneider.
Commissioners seemed receptive to the Quansoo application, which includes a proposal to replace the existing home’s septic system with 21st-century equipment that would reduce the amount of nitrogen from the property’s wastewater even with an added dwelling on the site.
While Mr. Sederholm said the commission has the authority to approve an accessory dwelling on a single lot within the subdivision, some commissioners wanted to know if they could expand the exemption to homeowners association rules to cover the entire development.
The MVC will schedule a public hearing on the application for early 2026.
Also Thursday, commissioners declined to take up a change to the antennas atop the Tisbury water tower, saying it’s not a development of regional impact and can be handled by town officials.
The ongoing public hearing on West Tisbury Auto Care was continued to Jan. 8, without testimony, at the applicant’s request.
A scheduled deliberation and decision on the Metcalf House in East Chop has been put on hold: Commission chair Peter Wharton said he has authorized a 60-day pause in the hearing process, at the request of the applicants.
The MVC, which has met some three dozen times in 2025, holds its final public meeting this Thursday at 6:30 to decide on whether or not to approve the designation as a special way of parts of Mud Puddle Road and Old Sailors Burying Ground Road in Tisbury.
Commissioners also are scheduled to revisit their October denial of the controversial Edgartown Gardens condominium development and take another vote on whether or not to allow the project.
Comments
It only applies to cities and
Bob ChilmarkIt only applies to cities and towns. It does not apply to the Martha’s Vineyard Commission, which is a regional planning body that was created by special legislation,”
Ok, but this is a residential neighborhood… this will not hold up in any court… the law is now in place …. Let’s not waste time and money.
The legal position of the MVC
Joane ChilmarkThe legal position of the MVC that it has the authority to get involved in this makes absolutely no sense. Whatsoever. They need a second opinion on the law. When they go rogue and get sued every island taxpayer pays the bill. Enough. Enough.
Read the article. This is a
Enough Already Oak BluffsRead the article. This is a request to modify a previous decision from the MVC that prohibits guest houses in this subdivision. Commissioners seemed to be on board with letting this applicant do it but questioned whether or not by doing so would it open up the whole subdivision to also adding a guesthouse and what effects that might have. They didn't deny it, they continued it to obtain more information.
I thought the MVC was suppose
mark acker vhI thought the MVC was suppose to be a regional planning Commission? Not sure I see how a guest house is regional? This is more a Town legal case if there is a deeded restriction against guest houses, and whether the new Affordable Care Act can overrule a deeded restriction. I think a deeded restriction would rule over the newer legislation. But in this case the deeded guest house restriction was a zoning type restriction by the MVC, which might be overruled by the Care Act, as it was a State MVC imposed restriction, not an owner deeded restriction.
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