Architect Phil Regan of Hutker Architects went to the select board Tuesday to represent his clients that have received sticker shock from the new building permit process. Aquinnah calculates its building permit fee by charging $10 for every $1,000 of construction.
Some residents are pushing back against Aquinnah’s building permit process, claiming the new fee unfairly punishes high-end homes.
Architect Phil Regan of Hutker Architects went to the select board Tuesday to represent his clients that have received sticker shock from the new building permit process. The town of Aquinnah, which shares a building inspector with the town of Chilmark, calculates its building permit fee by charging $10 for every $1,000 of construction.
For a $4 million-dollar home, that translates to a $40,000 building permit fee, Mr. Regan said.
“You might think if someone can afford a $4 million house they can afford a $40,000, but it’s not that clear-cut,” he said.
Mr. Regan suggested a fee based on square footage or another metric might be more manageable for homeowners, particularly when luxury amenities have little to no bearing on a house’s adherence to building codes, he said.
“I have clients who say that’s not anybody’s business how much I spend on my house,” he said. “The town doesn’t need to know how much they’re spending on wood floors or anything else.”
Building inspector Adam Petkus defended the new system, adding that the town of Falmouth uses the same system with a fee of $8, Chilmark charges $6.50, and Provincetown charges $12. The difference in multipliers, he said, accounts for both the range of services provided and the volume of work in the town. Aquinnah is the smallest town on Martha’s Vineyard, with considerably less development than its up-Island neighbors.
That being said, Mr. Petkus added that every building department on the Island will soon revisit its building permit system in light of increased development and changing building standards.
“The level of building and the level of permit review is getting much more intense…and [projects] need to be scrutinized so much more,” he said.
Select board members stood by the building inspector and said they had no intention of changing the policy, although they are willing to hear concerns. For decades, the previous building permit fee had been a flat $900, select board member Tom Murphy said.
When the new fee system went into effect last year, several residents midway through the building process went to the select board to complain and received exemptions, including musician and lifelong Aquinnah resident Kate Taylor. Mr. Petkus said the town will continue to accommodate year-round residents, first-time homeowners, or those with financial hardships, but will not give a pass to luxury projects.
“Elective projects such as summer homes, vacation homes…will now pick up the bill for those services,” he said. “It’s not a money grab – it’s a check and balance.”
Mr. Regan pointed out that luxury homeowners do contribute by paying taxes to the town of Aquinnah, and the new process may discourage homeowners from disclosing the full cost of their construction.
“I think every single applicant is going to be questioning what’s in or what’s out or concealing…certain line items,” he said.
Comments
It unfairly punishes high end
Wendy West TisburyIt unfairly punishes high end home owners? The town aims to profit from those who can afford luxury homes, which is just capitalism, the concept that initially enriched them. Can’t have it both ways, big guys.
Sounds like excise tax.
James Canon OBSounds like excise tax. Punishes the same people.
The town is not a private for
DownislanderThe town is not a private for-profit corporation. This is a shameless money-grab that not only affects wealthy people. The subjective application of this fee based on whether or not you’re a long-time islander is arbitrary and capricious.
Aquinnah has every right to
Islander MVAquinnah has every right to fill their town coffers from these mega home owners. Build a smaller house maybe ? Live simpler to that others can simply live? The rich wagging their fingers at town volunteer and leaders , about the cost of plopping your mansion on sacred ground is never a great idea .
This will be challenged in a
Doug Ilman ChilmarkThis will be challenged in a court of law. You can not cut breaks to the year-round residents, and first-time home buyers yet charge an absurd fee to others who already pay more in property taxes. I look forward to bringing this to the attorney general's office for review. This is unconstitutional. Everyone must pay equal rates. No favors from the town politicians who play favoritism. The select board is hysterical. I can not wait to see this through.
$100,000 for every million
Mike Somewhere$100,000 for every million will slow down the boom in construction.
This is one way to do it.
Will tribe members be exempted?
Permit fees were never things
Cost vs servicePermit fees were never things to drive your general fund. The cost of a permit has always correlated to the cost of the service to administer that permit. This flat fee structure is designed to create a new revenue source. That’s not what permits are for.
The only way to control
Sam Low Oak bluffsThe only way to control unbridled capitalism is to bridle it...
“ the new process may
Ted WT“ the new process may discourage homeowners from disclosing the full cost of their construction.”
What a polite way of suggesting that his clients might commit a felony by lying to defraud the government of this revenue.
If you can afford to build a
Garrett West TisburyIf you can afford to build a $4M home you can afford $40K in permit fees, or appliances, or architects fees or decking. Long and short, if another 1% slows you down you shouldn’t be contemplating the initial activity.
For reference Brookline,ma
Garrett West TisburyFor reference Brookline,ma and Cambridge,ma are both $20/$1,000
The fee should be based on
Enough Already Oak BluffsThe fee should be based on how much work the inspector needs to dedicate to the project. This fee structure is silly. It's like saying it requires more effort to drive a Porsche than a Toyota.
Yes it is that clear cut Mr
Tom Engley West TisburyYes it is that clear cut Mr Regan. Get used to it.
They don't call it
Tim Greer TisburyThey don't call it Taxachusetts for no reason. Not a good lesson to teach young people.
In response to some of the
phil regan OBIn response to some of the comments, I am in favor of a building permit fee increase, for any town, that is fair and reasonable and provides a clear and defined formula for it's basis. My intent, before the selectboard, was to learn how/why a fee increase would/could be based on the cost of construction. It seemed like additional taxation to me (owners of large properties and/or high valued homes are already taxed heavily). I offered, what I believed to be, a more acceptable or more easily understood approach based on conditioned vs. unconditioned floor space that would remove any potential for value bias, and provide any homeowner with privacy regarding the cost of their home. The permit fee should have no bearing on whether someone chooses a wood shingled roof vs. an asphalt shingled roof, painted exterior trim vs natural trim, wood floors vs. wall to wall carpet, and so on. This has nothing to do with what someone can afford...it has everything to do what seems reasonable. Building permit fees are meant to cover the cost of the associated tasks of the building department, as well as any other review processes that may be part of obtaining a building permit and gaining an eventual certificate of occupancy. I assume any permit applicant would agree with that. Permit fees are not meant be revenue generators despite what some commentors might like to believe.
My meeting with the Selectboard and the building inspector was not meant to second guess a permit fee increase, nor undermine a new policy or the policy makers, it was simply meant to gather some back-up information (rationale) and offer a suggestion for some reconsideration.
For those suggesting "mega-mansions" and "trophy homes" being dissuaded, Aquinnah has a very effective DCPC policy in place that has successfully limited the size, appearance and scale of homes within the town for over 20 years.
Sadly I think this will be
Wilde Whitcomb AquinnahSadly I think this will be challenged in court, although I can see the towns reasoning on following Falmouth, Providencetown, Chilmark, etc. I can see both sides of the argument, but what is not mentioned is how is this enforced? Do the architects provide the town with a overall construction cost before the permitting is issued? I wonder how the other towns manage this? I think maybe reduce the cost but also charge a per sqft fee. This would definitely help reduce the size of projects. I also think the town should add a heft fee for a permit to install swimming pools. Say $50,000. The only people I know in AQ with a pool are not hanging sheetrock or pumping septics. Not only should the town look for any means possible to reduce rampant and excessive development, they should also tax those who are planning on this type of construction. There are some disgusting houses on Lobsterville that should never have been built in AQ.... Tax the Rich!
What's the real goal, here ?
mike kelfer chilmarkWhat's the real goal, here ?
If it's to minimize the size of new home construction, than restrict sq ft/acre.
This then may reduce the value of land in Aquinnah, and subsequently impact the gains to sellers. And reduce property taxes to the town.
That won't make many people happy, I'm betting....
Mike- Aquinnah established a
phil regan OBMike- Aquinnah established a process, over 20 years ago, through MVC legislation that constituted the entire town as a District of Critical Planning Concern (DCPC). With that, they were able to establish very specific goals with regards to development (residential construction)...a brilliant move at a time when development of large seasonal homes could have taken over. The Planning Board Plan Review Committee was established to oversee all building projects moving forward. In fact, any house in excess of 2,000 sq. ft. is highly scrutinized. Any house, or alteration to any existing house, visible from a public way, or from the water/beach is also highly scrutinized. I have been involved in probably 15 houses in this time frame...1200 sq. ft. - 3800 sq. ft. The town has done an excellent job of preserving what they hoped to do almost 25 years ago.
As Phil Regan points out, a
Bruce MacNelly West TisburyAs Phil Regan points out, a complicating factor here is that many of the things that contribute to overall construction cost have no impact on what’s required of the Town to monitor construction, which per Adam Petkus appears to be the reason for the increase. The more strict codes become, the more inspection is necessary. Fair enough. But what’s difficult is how to separate those things, and charge for their oversight appropriately, from discretionary (as opposed to required) choices - flooring, interior finishes, appliances, etc. - which really require nothing of the Town administratively.
It’s also worth noting that this is not just about mega home owners - for while someone building a multi-million dollar house may not have trouble paying an increased fee, the average person building a modest house may be more adversely affected, particularly given the startling rise in construction costs the past few years.
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