MVC Mulls ADU Request in Chilmark

The Martha’s Vineyard Commission has closed its public hearing on a Wellesley couple’s request to build an accessory dwelling on their property in Chilmark.

The Martha’s Vineyard Commission has closed its public hearing on a Wellesley couple’s request to build an accessory dwelling on their property in Chilmark.

Marc and Erica Recht are asking the commission to modify an earlier decision prohibiting guest houses within the Quansoo subdivision, in the light of a new state law that allows accessory dwellings by right.

Their application states that the two-bedroom, two-bathroom residence would be strictly for the use of their family members and friends, and not for short-term rentals.

“My wife wouldn’t have it any other way, and frankly, neither would I,” said Mr. Recht, during remote testimony at the commission’s public hearing Jan. 8.

The state Affordable Homes Act prevents municipalities from prohibiting accessory dwellings on residential properties, but the Martha’s Vineyard Commission is not bound by the new law, commissioner Douglas Sederholm said last month.

Citing an opinion from MVC attorney Johanna Schneider, Mr. Sederholm said the new law applies only 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,” he said, at the commission meeting held Dec. 11.

The Rechts are asking the MVC to modify its 1986 approval of the 78-acre, 16-lot subdivision, which includes the condition that guest houses — now called accessory dwelling units — would be prohibited by the homeowners association.

The couple’s application applies only to their own property and does not request a wholesale modification affecting every lot in the subdivision, Mr. Sederholm said at the Jan. 8 hearing.

“Our counsel has advised that we do have the authority to do that,” he said. 

Last week’s hearing included public testimony from Allison Burger, who worried about the additional traffic on Quansoo Road, and Chilmark planning board chair Richard Osnoss, who expressed disappointment that his board had not had a chance to review the application before it went to the MVC.

Commissioner Joan Malkin, appointed to represent Chilmark, apologized for not giving Mr. Osnoss a heads-up and invited him to submit written testimony for consideration when the commission deliberates on the application at a future meeting.

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