<p>A project to develop seven acres of land into a subdivision on Mullen Way in Edgartown will bypass a regional planning review, following a 7-4 vote.</p>
A project to develop seven acres of land near downtown Edgartown will bypass a regional planning review, following a vote at the Martha’s Vineyard Commission Thursday night.
The regional planning board voted 7-4 with one abstention against holding a public hearing for the subdivision on Mullen Way, following a detailed discussion of the project’s scope, its potential impact on local resources and rare species habitat considerations.
Developer Michael Kidder is proposing to build a nine-lot residential subdivision at Mullen Way, a narrow street off Pease’s Point Way.
“If this was really determined to be a regional impact, it would basically mean to me that almost any development on the Island, no matter where it is, has regional impact,” said Edgartown commissioner James Joyce, who endorsed local review.
The vote remands the project back to the local planning board, which plans to hold a public hearing about the project on April 7.
Mr. Kidder’s property almost faced commission review nearly a decade ago.
In 2006, a nine-lot subdivision was proposed for the contiguous 8.3-acre property, which was referred to the Martha’s Vineyard Commission and subsequently withdrawn.
This past December, Mr. Kidder sold two lots fronting Mullen Way, before proposing a smaller 10-lot subdivision, which earned the unanimous approval of the Edgartown planning board in January.
But later, the board rescinded their vote when town counsel advised that referral to the MVC was required. In turn, the applicant reduced the number of lots, pushing it below the threshold for mandatory referral to the commission.
But the planning board still voted to refer the project to the MVC, citing habitat considerations.
The land has been designated as habitat for the imperial moth (Eacles imperialis), a species listed as threatened by the state.
According to MVC rules for developments of regional impact, a division of land that includes more than two acres of significant habitat must be referred for review, as well as any project that proposes site alterations or clearance of more than two acres of significant habitat.
In testimony on Mr. Kidder’s behalf, surveyor Doug Hoehn said the Natural Heritage and Endangered Species Program, the state agency that protects rare species, had signed off on a similar plan. On that basis, he said commission’s major concerns had already been dealt with.
“Since we have adequately addressed these issues with Natural Heritage, we don’t feel this rises to the level of regional impact,” he said.
But some questioned the rigor of the state’s review.
“They identify the habitat by looking at Google maps, not by coming down here and standing in those woods and determining whether or not they have real impact,” said West Tisbury commissioner Linda Sibley, who later voted not to review the project.
Thursday’s discussion also spanned wastewater restrictions, neighborhood safety concerns due to the narrow width of the road, and a plan to allow an easement over the property, connecting two walking trails.
Those who pushed for a regional public hearing also questioned the true size of the project, and debated whether the two front lots, which are contiguous and related, should be included, forcing a mandatory review.
Aquinnah commissioner James Vercruysse said it would have regional impact, though he voted not to review it.
“There are 11 lots there, and they are going to be putting material into the ground and into the air and I think it’s going to have an effect on the water quality,” he said.
Clarence (Trip) Barnes 3rd spoke emphatically against a regional review, citing a letter from resident Tom Teller supporting the development.
“The man lived there for 56 years and he should have some say in what is going on in his neighborhood,” Mr. Barnes said. “He’s a guy who is very interested in, maybe not the moths, but in keeping the town basically the way it is.”
Mr. Barnes, Christina Brown, Josh Goldstein, Mr. Joyce, Ms. Sibley, Mr. Vercruysse and Joan Malkin voted against a full commission review of the project. John Breckenridge, Rob Doyle, Fred Hancock and Abe Seiman voted in favor of review, and Kathy Newman abstained.
In other action, the commission voted to allow a new bowling alley in Oak Bluffs to hook up to the town sewer. A year ago, when the commission reviewed the bowling alley project, the developers said they would install an advanced but experimental denitrification system. But last week, town’s wastewater commission approved a sewer hook-up, a less expensive alternative. The commission approved the change to the plans with little discussion.

Comments
I commend the MVC members who
Mark Hatfield West TisburyI commend the MVC members who understand their charter, and refused to accept a small project to a regional agency. The MVC was designed to review regional projects, and if you send them a small project, their method of voting, which uses a detriment vs benefit system, will not work properly. What I see is towns using the MVC has a sledgehammer to throw in projects, or personalities, that their own regulations can't control. Towns need to increase their regulations, but not use the MVC has a meat grinder. The MVC is perfectly designed to handle large regional projects, but should not become a depository of political footballs the towns regulations can't handle.
Developers are going to milk
Ken EdgDevelopers are going to milk every cent they can get out of this town. Edgartown isnt even recognizable anymore. Please leave a few open spaces for the critters, someone needs to watch out for them.
Ken to whom would Edgartown
Bob EdgartownKen to whom would Edgartown not be recognizable to. Are you talking about the Wampanoags or when Gosnold came here in the 1600's. Maybe when the Mayhews bought it and called it Great Harbor. How far back are you going Ken maybe when you got here? I know some of the whaling captains would recognize the homes on North water Street. I know some of the teachers from Thaxter Academy would recognize Davis Lane but wonder why they changed the name from Academy Lane. Do you think Ted Kennedy would recognize his bridge. The bridge has changed a little but still pretty much the same. The beach he may not recognize but then again he forgot everything!!!As far as building today I know there are groups on both sides of this issue but we have plenty of checks and balances to keep both sides on edge. This particular property does provide a walking trail and conservation land right through part of it. And that is for all critters big and small.
I looked up a couple figures.
Ken Edg.I looked up a couple figures. In 2000 we had 4360 housing units. In 2014 we had 5500 housing units. How many houses is too many?
Big surprise Fred Hancock
Phillip McCavity Oak BluffsBig surprise Fred Hancock voted in favor of review. He would call a 20 square foot dog house in Katama a development of regional impact.
Amen to that.
yesAmen to that.
How about to the year 2000. I
Ken Edg.How about to the year 2000. I could go up Herring creek road without seeing houses almost on the road. I dont think there is any land left from The Boch house to the beach. The deer run down Herring creek rd to get to the grave yard during the fall. I got them right outside my door and its not because there are too many. Yes I favored the moratorium back in the 70s and would have liked to seen it last till today. But the developers won and theres not much left.
Ok so in the last 15 years we
Bob EdgartownOk so in the last 15 years we have a new Hospital which even you might agree we needed. We have 3 new libraries, new campus for Vineyard House which we all should agree was needed, YMCA, new town hall in WT, new safety building in VH, new sewer treatment in OB, upgraded treatment facility in Edgartown, new school in Edgartown, new school in OB, new fire station in OB, the list goes on. We also have the Land Bank that has added thousands of acres to conservation which brings the total to over 20,000 acres of protected land and wet lands on an island of 57,000 acres. All paid for by new people to the island. I would say again both sides are well protected and please open your eyes when you are driving from the Boch's to South Beach as there is well over 60 acres that maybe developed some day along that stretch.
I think a little bird told me
Fink EdgartownI think a little bird told me that Mr. Kidder forgot to check the width of the the road!
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