The Martha’s Vineyard Camp Meeting Association has sued the Oak Bluffs planning board, seeking to reverse a set of conditions the board attached to the recent approval of a building addition and roof replacement at the Tabernacle.
The Martha’s Vineyard Camp Meeting Association has sued the Oak Bluffs planning board, seeking to reverse a set of conditions the board attached to the recent approval of a building addition and roof replacement at the Tabernacle in the heart of the Camp Ground.
Rich history of Tabernacle is recounted in court complaint.
Rich history of Tabernacle is recounted in court complaint.
Filed in the Massachusetts Land Court on July 11, the complaint claims the planning board exceeded its authority when it imposed the conditions, which it says are so restrictive they amount to a denial of the project. It also claims that as a religious, educational nonprofit, the camp meeting association is exempt from zoning.
The five members of the Oak Bluffs planning board and the town of Oak Bluffs are named as defendants.
The camp meeting association (MVCMA) wants to build a 1,300-square-foot addition on the back of the Tabernacle that would house 10 bathrooms, a back stage area for performers and a climate-controlled space to store a grand piano that is used for events. Part of a larger, years-long five-phase restoration, the project also includes replacing the roof on the Tabernacle.
The project was reviewed by the planning board in early June as a site plan review. In the end the board voted 3-0 to approve the work, but a condition requires the camp meeting association to show evidence of cooperation with the town wastewater department for connecting the bathrooms to the town treatment plant. A second condition requires the association to hire a consultant to evaluate the storm water management plan.
The 11-page court complaint takes particular aim at the conditions, calling them “vague and indefinite,” saying they are “ . . . unreasonable and beyond the MVCMA’s control and depend on the actions of third parties.”
The complaint details the history of the project, which has cleared numerous regulatory hurdles, including the Martha’s Vineyard Commission, the Oak Bluffs conservation commission and U.S. Secretary of the Interior.
It also recounts the rich history of the Camp Ground, whose religious roots date to the late 1800s, and the Tabernacle, a 16,000-square-foot wrought-iron, open-air structure that was built in 1879 and was named to the National Register of Historic Places in 2005. The pavilion has natural acoustics that allow sound to carry with no amplification.
“The Tabernacle shelters the original consecrated preaching area of 1835 and has been the hub of religious and cultural activities on Martha’s Vineyard for well over a century,” the complaint says. “Since its opening, the Tabernacle has been in continuous use for religious and cultural activities.”
The complaint says that installing permanent bathroom facilities will allow the association to eventually end the use of portable toilets in the summer months, and will further help meet a goal laid out in the 2019 comprehensive plan for the town.
The need for a wastewater connection has been contemplated all along in prior agreements with the town, the complaint says.
Portable toilets are the only available restroom facilities at the Tabernacle.
Portable toilets are the only available restroom facilities at the Tabernacle.
“Initially, these restrooms may be made plumb ready until the town has the capacity in the sewerage system that serves Wesleyan Grove under the terms of a 1993 memorandum of understanding through which, among other things, the MVCMA provided the town with an easement to build a pump station on MVCMA property,” the complaint says.
The complaint asks the land court to nullify the conditions and award attorneys’ fees and costs.
MVCMA is being represented by attorneys Kathleen M. Heyer and Gareth I. Orsmond at Pierce Atwood in Boston.
Speaking to the Gazette by phone this week, planning board chairman T. Ewell Hopkins said the town will respond to the appeal.
“We will read their appeal, we will answer their appeal,” Mr. Hopkins said.
He also was critical of the suggestion that the camp meeting association is not subject to zoning, since it has accepted Community Preservation Act money for the long-running Tabernacle restoration project.
“If they’re arguing they’re exempt from local zoning . . . it begs the question of the Community Preservation Act funds they’ve received from the town,” Mr. Hopkins said. “Does this invoke a conversation for previous funding awarded to this project?”
In a statement issued July 12, the camp meeting association took a different view.
“The MVCMA appreciates that the planning board approved the Tabernacle restoration phase [five] project, but the conditions placed on this approval introduce uncertainty that prevents the MVCMA from meeting the Tabernacle preservation goals for the future,” the statement said in part. “The conditions imposed by the planning board have led to the difficult decision to appeal their action to preserve our rights and help work towards a mutually beneficial solution.”
This marks the second court appeal of an Oak Bluffs planning board decision this summer. In early June the regional high school filed an appeal in superior court after the planning board had failed to gain a majority vote on the bitterly-debated school athletic fields overhaul. The 2-2 vote meant the plan was denied.
Comments
As abutters to the Campground
Frank Brunelle Oak BluffsAs abutters to the Campground from 1992 until 2020 we were and are in total awe of its history, and benefits on so many levels, and so may we please ask the Planning Board in the spirit of reasonableness to allow the incredibly valuable Campground Association to proceed forthwith?.
So Frank, you want them to
Oak Bluffs Grandma Oak BluffsSo Frank, you want them to build now with 10 toilets and no hook-ups. A non-working building in the center of town. The campground will then pressure the town the connect to our sewer system that has no capacity. Either they are part of the town and abide by our zoning OR they are completely on their own and figure out their own solution for sewage that doesn't use town resources or our CPA money.
A simple question might be
Jonas Oak BluffsA simple question might be why has town leadership let the sewer system reach capacity? Reaching capacity doesn't happen overnight. It's clear the sewer commission and board of selectmen have been asleep at the wheel for quite some time.
The Tabernacle has been
Laurence EdgartownThe Tabernacle has been around far longer than any commission in Oak Bluffs. The Campground is the entire reason Oak Bluffs exists today.
The Campground didn't plan
Bob Kelly Oak BluffsThe Campground didn't plan this 20 years ago, they applied for a sewer hook up 2 months ago for 10 toilets. The town's 1993 sewer agreement covered existing use at that time and the Tabernacle had no sewer use in 1993. Otherwise, the campground could request 30 toilets and under this logic, the town would have to service them. No zoning because of their religious exemption? The town of OB awarded them CPA funds $315,000 in 2021 and now they sue us? And here they are hosting Senator Warnock on Sunday, with the campground president saying so glad to finally be a part of OB, then Monday file suit!
The current planning board is
Kenny OBThe current planning board is out of control. To place unreasonable conditions on such a needed set of improvements to an island treasure is simply a power play. Is Mr. Hopkins elected or appointed? I would suggest the Selectmen step in and provide Mr. Hopkins with guidance on his muscle flexing or ask for his resignation.
The town's ask certainly
Mitch ChilmarkThe town's ask certainly sound reasonable or I'm missing something in the article. The MVCMA's response is a bad look for them.
Mitch, I had the same
Mike Vineyard HavenMitch, I had the same question. Am I missing something? Seems like a reasonable request from the town. If the language is vague then both parties should sit down and tighten up the language for better clarity. Going to court seems like an overreach.
We seem to be reaching the
Richard Oak BluffsWe seem to be reaching the point where every week brings another lawsuit. If the Planning Board voted unanimously they had good reasons. It also sounds as if the Tabernacle wants to enhance its viability as a entertainment venue as well as a religious entity, and in any event the requests seem quite sensible. I suggest the Association launch a fundraising effort instead of seeking to pollute their own campground because they claim exemption from sensible environmental regulations.
Is it asking too much to have
Jonas Oak BluffsIs it asking too much to have working toilets at the Tabernacle?
Yes, it is too much to ask a
Beth Snyder Oak BluffsYes, it is too much to ask a town that has sewer capacity restraints. This application for 10 bathrooms was just submitted in May of this year. Even if the MVCMA now says they are a church, they still have to work with the town on planning, zoning and sewer. Maybe in 10 or 20 years OB might have this kind of capacity.
Working toilets, that will
Susan Myers OBWorking toilets, that will further burden the waste water system, toilets that will need maintenance, who pays?? A port-a-potty or two with privacy screening would be a better option, for the duration of the season that IS the Tabernacle.
There are sometimes two or
Nina Oak BluffsThere are sometimes two or more daily events at the Tabernacle during the summer season. Some venues will run beyond the prescribed time, creating a huge noise disturbance, especially to those within a few streets of the Tabernacle. After all, if the Tabernacle is truly a money making arena, why is it nestled in a residential community within a thirty second walk of hundreds of homes? In a recent email sent out to campground residents, reassuring them that their questions will eventually be addressed, it was noted that the decibel level for any event at the Tabernacle cannot exceed 92 decibels. The last I checked, this is considered to be dangerously high, above the 85 decibels that has been determined to produce hearing loss depending on frequency and consistency. Not a nice thing to be thinking about while trying to relax at one of those beautiful cottages.
As a cottage owner, I have
Brant Weatherford MVCMA CampgroundAs a cottage owner, I have never been given the opportunity to participate in any decision making regarding the accessory building project. I have no vote.
Most cottage owners support the roof repair project. Most letter writing cottage owners DO NOT support the accessory building project. But, they have no vote.
The Capital Improvement Committee's stated "intention" not to place the payment obligation for the accessory building project on cottage owners DOES NOT ring true. But we have no vote.
Transparency and truthfulness regarding these matters has been limited / non-existent to cottage owners. Again, we have no vote.
Transparency and truthfulness regarding these matters has also been limited to the Oak Bluff community that supports the campground and that looks it as some extraordinary. In these matters we are not nor have we been.
Communities die when people are not heard. Cottage owners have no vote.
Completely agree Brant.
Kristen Walters MVCMACompletely agree Brant.
Brant Weatherford is 100%
Steve Campground CommunityBrant Weatherford is 100% correct. Use of the term MVCMA in this article is misleading. There is a large contingent of Campground residents who are opposed to this project beyond the roof repairs. It is the MVCMA Board, not the MVCMA, who initiated this litigation. And, as Brant stated, the MVCMA Board does not necessarily represent the community at large.
Thank you for this comment
Kim Campbell 29 Clinton Ave OBThank you for this comment Totally agree with you as does MAJORITY of cottage owner with no say.
The REAL story is in these
The other MVCMA'ers OBThe REAL story is in these comments by those who live under the rotten thumbs of the MVCMA. The rules and inner workings of this fiefdom are ridiculous. Many, many, many of us who live in MVCMA do NOT agree with this project, nor how the Campground is run, the lack of transparency, the arbitrary declarations of rules and conditions and total lack of consistency of applying rules and regulations, favoritism, decades of Tabernacle Restoration mismanagement. This "network" has existed in the shadows for years under the fear and threat of Board reprisal against our cottages, our generational family homes. Speaking out has always come at a price as they have all the control; of course we're afraid to speak out. Over the years, there have been hopes (at one time even plans) of creating a new organization, throwing out the entire structure that is the current MVCMA. Hey, Gazette, you listening? Here is the story to tell, follow it...
Thank you for your comment.
NancyThank you for your comment. Many people do not understand that while we do own our home, we do not own the land it sits on. The MVCMA owns the land making us leaseholders. As leaseholders, we are not able to participate in the planning/decision making/execution/oversight of the campground. Any petition(s) or feedback regarding planning/decision making/execution/oversight from leaseholders, singularly or collectively, are not considered. If every one of the cottage owners signed a petition to enact a change or reconsideration of planning/decision making/execution/oversight, it would have no weight or meaning. It is important to note that leaseholders who oppose this project do so in a vacuum and at their own peril.
You don't have to be an
Islander TooYou don't have to be an abuttor of the Camp Ground to appreciate the both the
Camp Ground and the existence of the Tabernacle.
@@
The Tabernacle may have started as a religious building, but it has for years been used for secular purposes and has accepted "secular" monies. The whole community has a stake in what happens there---what kinds of additions are made, what they look like, and what the infrastructure and other implications are for the town of Oak Bluffs. @@
Basically the reason the Camp Ground wants these expansions, it seems to me, is to expand secular activities, not religious ones.
I love the campground, but
Gary Vineyard HavenI love the campground, but how is requiring sewerage and wastewater oversight for a 1300 sq ft 10 bathroom building equate to "onerous" conditions? Especially given the nitrogen discharge problems here. The claim that they are a "religious" organization and exempt is just ludicrous.
I don't get it either. It
Thatcher Ulrich Oak BluffsI don't get it either. It really doesn't sound onerous. Seems like hiring a wastewater consultant would be more constructive than hiring a lawyer.
I'm sure the planning board
R Peter Wharton Oak BluffsI'm sure the planning board didn't mean to "invoke" using the Community Preservation Act funds as ransom.
For CPA funds, the campround
Bob Kelly Oak BluffsFor CPA funds, the campround makes the case that they are a community shared space. We don't give CPA funds to religious organizations because tax payers object. The campground can't have it both ways.
Ten bathrooms?! That is
Amanda MVTen bathrooms?! That is outrageous. The only reason the Tabernacle needs 10 bathrooms is for use during very large events -- maybe once or twice a summer. Build a smaller building w/ 2 toilets + 1 handicapped toilet; for the large events, bring in Porta-Potties. Also, the MVCMA might want to consider the fact that the vast majority of Campgrounders don't want this building -- and, as someone else pointed out, they don't get a say this or any other decision making in the Campground. The MVCMA is anything but a democracy.
My understanding is that the
William EdgartownMy understanding is that the vast majority of MVCMA residents who wrote letters on this matter oppose the new building in its proposed form. Friends of ours who live in the campground -- and who fear speaking out in case the MVCMA board oppose a future project of theirs -- say that they have seen no drawings of the new building and don't yet understand why the building has to be so big and how it will affect campground life. The MVCMA board does not speak for all its residents and is not democratically elected. It's a shame this project has reached the level it has before getting wider support within the community it will affect the most: the campgrounders.
As someone who has frequented
mike SomewhereAs someone who has frequented the campground for over 65 years for: illumination night, strolling, touring, I have always felt that some sort of public restroom facility was needed. The point being both the town and the association need to work together, not be at odds with each other. A compromise could be - 6 toilets and 4 sinks - a 40% reduction. What to do with wastewater is a growing problem that is only getting worse. It's about time MADEP step up and help MV with the waste water problems we have. All 3 operating systems are at or above capacity. A block grant to double the size - using the newest technology - of the waste water treatment plants needs to be made - NOW!. Pumps outs only allowed in the winter months when system usage is lower. There needs to be a sewage management plan established island wide - including all septic systems. With the expanded capacity this would not be a problem, because the way it is now - any new development that needs to be connected to the sewage system is a problem.
I know the first comment is
Nancy Historic Chestertown MarylandI know the first comment is that I am not a resident of MV. My sone and family live in Chillmark. However, have spent my entire life representing, preserving, brokering and understanding historic buildings.
I remember when McDonald's appealed and appealed a decision by the Town fathers not to destroy/"renovate"/dishonor a Greek Revival building in Maine. When McDonald's was told not to come back again, their preservation contractors were on the job the next day to preserve the building. The preserved building was later featured on front cover showing the world the creative" solutions to modern day issues McDonald has used.
The Tabernacle ("a 16,000-square-foot wrought-iron, open-air structure that was built in 1879 and was named to the National Register of Historic Places in 2005. The pavilion has natural acoustics that allow sound to carry with no amplification.") building is a reason why people go to Oak Bluff. They applaud the foresignt Oak Bluff and MVCMA has had to preserve such a TREASURE". May be only one in the Country!! It adds to the value of every structure in Town. Please do not loose your way! Be creative. Find a location for baths that is NOT disrupting this landmark structure.
Virginia birth place of Robert E Lee has a short underground tunnel to public baths and visitors center. Imagination and dedication!
I am a M.V.C.M.A resident
Rick Huss oak BluffsI am a M.V.C.M.A resident year around and abutter to the Tabernacle. This addition was added on like pork on to an already approved and paid for roof replacement. I am totally opposed to this project and with this latest underhanded dealing by a few rogue board members , not the entire board knew of this action , as like us they did not get a chance to vote on this either. Nor is this law suit that says the M.V.C.M.A sues The Planning Board and Town a true fact either as no one I know supports the borrowing of over $2,000,000 dollars for something that at this time is not needed , let them go out and raise the funds the old fashion way, Interesting also is the fact that while they were having the Z.B.A meeting and playing up to them the law suit had already been filed, but like so much with these few board members the fact was never mentioned. I honestly believe that a new low has been achieved and as a resident of Oak Bluffs and the M.V.C.M.A. I hope you accept my apology and please stop this . This really needs to be fleshed out
Agreed. The Tabernacle has
Thomas A. Underwood Marblehead, MassachusettsAgreed. The Tabernacle has been hosting large events for decades without an auxiliary building or ten toilets. I would add that there are public restrooms on Kennebec Avenue, which is only a few minutes walk from the Tabernacle. I agree with another commenter that as long as there are Porta Potties, including one for disabled people, no building is needed.
Not only is the building unnecessary but it would be an historic preservation disaster.
The MVCMA is not exempt from
Clyde C. MV-Oak BluffsThe MVCMA is not exempt from zoning bylaws because of their philosophical (religious) beliefs. This is not only absurd but it is a complete abuse of the privilege that they have been granted by the People; including their taxpayer exempt status. The fact that they have been receiving Community preservation money (aka TAXPAYER MONEY) to maintain their buildings for a religious organisation that does NOT represent all taxpayers is outrageous and wrong! It needs to stop. Abide by the laws and regulations of the land. Our elected and appointed town leaders need to put a stop to this misuse of taxpayer dollars and start treating these entities to the same standards as all other citizens. This will start with me in the next town election!!!!
How about some composting
Bri WtHow about some composting toilets?
The unique appearance of the
Islander TooThe unique appearance of the Tabernacle---which is, basically, a round building, a permanent tent---should be maintained at all costs, and enhanced if possible. The Tabernacle is not used in the winter. Consequently I see no need for any all-season permanent construction whatsoever. Event producers and sponsors who need extra protected space next to the Tabernacle can rent a tent.
@@The idea of building a special room to house a grand piano sounds like a brainstorm of an uninformed person.
Grand pianos are moved around all the time and every day (cue David Stanwood). Many performers travel with their pianos. Even if stored in a special room the piano will still have to be moved to the performance area. Constructing and maintaining such a temperature- and humidity-controlled luxury hotel room for a piano is a pointless waste of energy.
@@I see no reason why Porto-potties can't solve the problem of providing amenities on occasions when crowds are invited into the Camp Ground and to the Tabernacle. For larger events, Porto-potties and handwashing facilities can be set up under a tent. This doesn't sound like rocket science to me.
I have been a resident of
Stephanie MVCMAI have been a resident of MVCMA for 33 years and have always supported and have participated in the traditions and events held yearly at the tabernacle. However I do not support tacking on an addition along with 10 toilets. The facilities provided presently for the short term summer months are sufficient. Now suddenly we need 10 toilets, how did we function for the last 150 years? What has changed? Let’s keep the tabernacle original and untouched. Historic preservation is on the top of my concerns. We as leaseholders do not have a vote even though most lease holders oppose this proposal. We have no control over the decisions made by the MVCMA nor do we know who voted to sue the O.B town?
Constructing an addition onto
Kathleen Campmeeting…MVCMAConstructing an addition onto the Tabernacle which would house 10 toilets is a very poor idea.The MVCMA is all about preserving our historical buildings…..this addition is neither historical or needed. There are very few events held here that require this and if it is the BOARD’s plan to further commercialiize the Tabernacle by adding these facilities…shame on them. The MVCMA does not exist for the pleasure of the tourists but for the leaseholders. If tourists enjoy the Tabernacle ,that is fine but that is not why the MVCMA exists.
Adding bathrooms doesn't
Rational Person Oak BluffsAdding bathrooms doesn't increase the flow folks. It's going to go somewhere!
That's not how sewer hook ups
Bob Kelly Oak BluffsThat's not how sewer hook ups work. The town has to okay all the new sewer lines for new bathrooms. They call it flow because all these new toilets could be used at the same time. The town has to have the capacity for this before it can say yes. Right now the town has yet to hook up everyone and then they have to clean up some of the ponds. It's not that the town isn't being nice but Oak Bluffs has no capacity to hook the MVCMA new toilets to the sewer system. A lawsuit against OB does not change this.
I would like to note that it
Kathleen MVCMA…CampmeetingI would like to note that it isn’t the MVCMA that is suing the town of Oak Bluffs but the 21 member BOARD of the MVCMA. Most of the lease holders heard of the law suit for the first time when we read it in the Gazette. It is very upsetting to the leaseholders who have enjoyed a mutually beneficial relationship with the town for years. Also, the comment about what does the MVCMA do for the town besides hosting graduations……300+ cottage owners pay hefty taxes for using their cottages a couple of months of the year,…and do not use your schools etc. Also, during covid we hosted several of the Island town’s annual meetings as well as other church services,fund raisers etc.
If the MVCMA wants to add 10
R Scott Patterson EdgartownIf the MVCMA wants to add 10 toilets they should offer up a very large sum of $ to help pay to upgrade the sewer system. Perhaps 100% of all funds generated from the large events they want to have there and charge money for for the next 25 years or so?
I believe since this is such
Stephanie MVCMAI believe since this is such a big project the board did the right thing by voting to wait until 2023 to put this out to bid again. If raising money is the issue for this project to be completed, did they ever think of selling the property the cottages sit on to the individual owners. I for one would buy mine.
How about Porter potties in a
Peter OBHow about Porter potties in a few different locations, for the summer/fall months remove them in the off season. Nice shrubbery around them make them look nice??
The old KISS can be applied
Lorraine EdgartownThe old KISS can be applied here. Stop the lawsuit nonsense, we know what the agenda is behind all of this intended growth.
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