A disputed apartment project in Oak Bluffs is under review by the Martha’s Vineyard Commission, which opened a public hearing last week on the Green Villa subdivision.

One of the Island’s largest-ever housing proposals, the project from developers William Cumming and Chris Miller would build 100 ownership apartments, four commercial units and more than 200 parking spaces on about eight acres along Edgartown-Vineyard Haven Road.

As proposed, the Green Villa condominiums would be deed-restricted to year-round Island residents only, with 25 units restricted further to buyers earning no more than 80 per cent of the area median income.

The other 75 apartments would be restricted to buyers earning up to 150 per cent of the median income, often referred to as the “missing middle” cohort of Island residents who don’t qualify for subsidized housing but can’t afford the Vineyard’s existing market rates with what they earn working here. 

Even before reaching the commission last week, the Green Villa proposal has been contentious, sparking multiple challenges that could set new legal precedents. 

Mr. Cumming filed an application with the Oak Bluffs zoning board of appeals in May, 2024, for a general permit under state 40B, which allows projects with affordable housing to skirt some local zoning bylaws.

The zoning board referred Green Villa to the Martha’s Vineyard Commission for review as a development of regional impact, suspending the town process until the commission has made its decision. 

While this is the typical order of business for a project referred to the commission, the Green Villa principals have taken legal action against the delay, arguing to the state Housing Appeals Committee that the zoning board — not the MVC — should be the authority conducting the review.

Oak Bluffs then filed a lawsuit in Dukes County Superior Court, asking a judge to step in. The town, according to the suit, would be put under an undue burden if it had to review projects before the Martha’s Vineyard Commission. 

The commission also joined the lawsuit, to defend its review procedures. 

Separately, the town and Green Villa are fighting over the town’s interpretation of the state’s 40B statute. That battle is still before the state’s Housing Appeal Committee, according to town attorney Michael Goldsmith.

Oak Bluffs town administrator Deborah Potter also has raised objections to the plan in letters to Mass Housing, an independent agency that provides financing for affordable housing developments. 

Green Villa is not eligible for government or municipal housing funds, according to the developers.

In a letter last year, Ms. Potter told Mass Housing the project would worsen traffic on a stretch of the Edgartown-Vineyard Haven Road that is already heavily used for the YMCA of MV, the ice arena, Martha’s Vineyard Community Services and Martha’s Vineyard Regional High School.

She also raised concerns about fire safety, noise, wastewater impact and other potential consequences of the increased density.

In a follow-up letter, Ms. Potter wrote: “Persistent critical concerns cast doubt on the suitability of the site for the proposed project. Given the issues raised previously, it appears that this site may not align well with the proposed development’s scope.”

Mr. Cumming said he has tried to speak with Oak Bluffs officials, to no avail.

“They have steadfastly refused to meet with us,” he said.

The Martha’s Vineyard Commission hearing on Green Villa will continue March 13.

“This is going to be complicated. We’re not going to get it done in one or two sessions,” Mr. Sederholm said.