Tisbury officials say that David Malm had an unpermitted stone wall built at the property.
Ray Ewing

Chip Chop Owner Fined for Illegal Clearing, Unpermitted Construction

David Malm has been racking up $300 daily fines from the Tisbury conservation commission since the end of May for unauthorized work at the property he bought from Diane Sawyer in 2023.

Property owner David Malm has been racking up $300 daily fines from the Tisbury conservation commission since the end of May for failing to provide a plan to restore environmental damage from unauthorized construction and illegal clearing at his 20-acre estate on Chappaquonsett Road.

The fines stem from the commission’s discovery last fall of multiple violations at the waterfront property known as Chip Chop, which Mr. Malm purchased from Diane Sawyer in 2023 for nearly $24 million.

A mile-long strip of land between Lake Tashmoo and Vineyard Sound, Chip Chop is subject to state and local laws protecting barrier beaches and coastal dunes. 

Tisbury conservation agent Jane Varkonda wrote to Mr. Malm and his company Goldeneye, LLC on April 30, outlining the violations.

Stone steps were also installed without permission, according to the commission.
Ray Ewing
Stone steps were also installed without permission, according to the commission.
Ray Ewing

In early October, contractors were building an unpermitted stone wall along the driveway and continued after Ms. Varkonda issued a stop-work order.

Conservation commissioners who were inspecting resurfacing work at the estate’s tennis court later in October found that a large area of native vegetation on the north side of the property, including shrubs and trees, had been cleared to the ground. Wooden steps on the dunes were replaced with stone steps, again without permission, according to the town.

“This was immediately identified as a violation, because the work occurred on a barrier beach and in coastal dunes,” Ms. Varkonda wrote.

As of April, however, the cleared area was not restored and was being used for parking, she wrote.

Mr. Malm is the managing director of the Waltham-based private equity firm Webster Equity Partners. He is known on the Vineyard for amassing a large number of high-end homes, either personally or through Goldeneye, the real estate investment company that he owns.

In Tisbury, the town’s conservation commission voted unanimously in early May to find Mr. Malm and Goldeneye in violation, giving the owner until the end of the month to submit a plan for restoring the property.

In mid-June, with no plan received, the commission voted to begin assessing the $300 daily fines going back to the May 30 deadline.

Ms. Varkonda notified Mr. Malm on July 22 that the fines had reached $15,600, with subsequent assessments to come every two weeks at the continuing rate of $300 a day.

Reached by the Gazette last week, Ms. Varkonda said she had not heard directly from Mr. Malm but expected to be in touch with his representation this week.

Attorney Robert McCarron on Monday forwarded the Gazette a message from Mr. Malm that work on the property was suspended, as requested by Ms. Varkonda, and that a restoration plan is well under way. 

“Since being notified of the Conservation Commission’s concerns, we have been working diligently to provide a landscape plan[and] plant lists, restricting contractor parking and engaging with Commission staff to resolve all remaining issues,” Mr. Malm wrote. 

“Given our ongoing efforts to resolve all matters, we were surprised by the notice of fines. Regardless, we look forward to resolving all of their remaining concerns and exceeding their expectations for environmental stewardship for the property,” his message concluded.

Comments

Submitted by Anonymous (not verified) on Tue, 08/26/2025 - 11:22

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Well Well Well... VH

Who is the GC / CSL holder who pulled any construction permits? Or has there only been site work to date? Mr. Malm would see a $15,600 fine as simply the cost of doing business. I surmise the stone steps alone to the beach cost more...regardless a dismal way to do business on-island and further positions a rather nasty endeavor ahead for the Town of Tisbury.

seen it all edgartown

Come on, that fine is an egregious 0.0006% of the price paid for the house. I'm sure it will be a huge deterrent...

rob the roofer new jersey

I never said I agree with the amount of the fine given by the Island committee they set the fine at their standard and he paid the fine. If it doesn’t change what has been constructed, (money changes everything).

Submitted by Anonymous (not verified) on Tue, 08/26/2025 - 12:29

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Rational islander MV

In permitted stone wall and in permitted stone steps. Give me a break. Live free or die. This whole island is covered in “unpermitted” stone walls. When government gets a say on if you can used wood or stone for steps you know we are no longer free.

Don Edgartown

You're right, and why does someone from the conservation committee inspect the resurfacing of a tennis court? What makes a person in conservation, an expert in resurfacing, and construction? Its communist Marthas vineyard!

Nathan Tisbury

As the article states it is a protected area by law . Any changes in the natural landscape would need to be approved by the Conservation Commission . It also falls within the Ma. Wetlands Protection laws . These areas are fragile and I'm sure the owner was well aware of the situation when he purchased it .

Submitted by Anonymous (not verified) on Tue, 08/26/2025 - 19:07

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John Aldeborgh Katama

Anyone who knows David, knows how passionate he is about doing things to a very high standard. He’s invested heavily in the island and has spent a great deal of time on island for decades, he’s very invested in the community. The fact that he’s been a successful entrepreneur isn’t a negative, just the opposite, it’s allowed him to steadily invest in a manner consistent with the historical aesthetic of this beautiful island. He buys, then tastefully upgrades extremely high end homes, these are subsequently rented by very wealthy individuals, he’s not a slum lord or trying to pray on the less fortunate. David pays a lot in taxes, helps to employ a good number of islanders, so if you stop and think about it, there is zero upside for him to try and cheat the system, just the opposite as I believe this article proves.

Bob Edgartown

The way this was written it sounds like you are a friend or have done business with him in a positive way. I can tell you what he wanted to do on S. Water St. in Edgartown was not in keeping with the neighborhood or in caring about the community.

Submitted by Anonymous (not verified) on Tue, 08/26/2025 - 21:41

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Brian Meany Edgartown

Seems like stonewalls and steps are a way to preserve the integrity of the property and keeping in taste with the spirit of a historic vineyard property.

Submitted by Anonymous (not verified) on Thu, 08/28/2025 - 11:04

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John M.

It doesn't take a genius to know that when you build anywhere on the island - whether it is a home, addition, deck, or fence/wall - you're gonna need a permit. And when you build anything anywhere near a wetland or beach, which are especially fragile environments, there are going to be additional restrictions and safeguards. To flout them is sheer arrogance.

Submitted by Anonymous (not verified) on Fri, 08/29/2025 - 07:53

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Roddy Seasonal Visitor

So what I’d like to know is how on earth Diane Sawyer was ever granted permission to build such a massive structure on that same barrier beach to begin with. No one apparently cared much about the negative impacts to the ecosystem back then. And all of a sudden a silly stone wall represents a straw that breaks the environmental camel’s back?

Submitted by Anonymous (not verified) on Sat, 08/30/2025 - 08:13

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Ebwaba West Tisbury

Actress Kathrine Cornell built the “massive structure “ over 80 years ago!
I worked there for about two years during INTERIOR renovations, nothing done at exterior except for painting and replactering of pool.
Get the facts straight!
I suggest the new owner to put proper footings under foundation - original builder just poured foundation walls on sand. PS -when tide is high the crawl space gets floode by sea water

Submitted by Anonymous (not verified) on Sat, 08/30/2025 - 14:56

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Rich H Vineyard Haven and Oak Bluffs

Let’s go back and look at the scope of work, which would have been permitted. If any work is outside of that scope it should be removed by the GC until the building inspector is satisfied. The permit should be reviewed to be sure there is agreement on what the specific scope will be reflected in the rough, and again in the final, inspections. The building inspector needs to issue a stop work order immediately, and have it posted at the entrance to the property site. Surprise site inspections are not an abuse of power…the Tisbury inspection staff should exercise their authority or risk (again) being abused by a non-compliant and abusive home owner., and violations should be doubled (as in geometric) each day that non-compliance is practiced.

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