Two weeks after they took a unanimous vote to approve a 10-lot subdivision on Mullen Way, the Edgartown planning board has rescinded their decision.
The board has now referred the project for regional review by the Martha’s Vineyard Commission, citing a recommendation from town counsel.
“If our town lawyer says we made a mistake, then so be it, we made a mistake and we need to correct it,” said planning board chair Fred Mascolo at a public hearing on Thursday.
The project in question is a subdivision off Pease’s Point Way that features nine buildable lots and one open space lot of 1.71 acres. Developer Michael Kidder proposed a nine-lot subdivision for the property at 19 Mullen Way in 2006, which was referred to the Martha’s Vineyard Commission and subsequently withdrawn.
Plans call for nine single family homes of 2,800 square feet. At a public hearing earlier this month, some abutters raised concerns about adding more homes to the narrow road. The planning board members praised the subdivision plans and said there were several narrow roads in the town.
In a letter sent this week, town counsel Ronald H. Rappaport advised that the plan should have been referred to the MVC in the first place, before the board took action.
A letter to the town from Martha’s Vineyard Commission executive director Mark London prompted the board to consult town counsel about whether the project should be referred to the regional organization.
“When a subdivision shows 10 or more lots, the board has no discretion on whether to refer the development to the MVC,” Mr. Rappaport wrote.
The board initially voted against referring the project to the Martha’s Vineyard Commission, despite a call for a referral from an attorney representing abutters.
“I have been on the board a long time, and I have seen tons of nine-lot subdivisions with open space and they were never referred, but I guess now there is a different scrutiny in place,” Mr. Mascolo said.
Board members reiterated that they didn’t think the project had regional impact.
“I have no problem sending it over,” said Michael McCourt. “My only problem is that the applicant is going through hurdles I don’t think are necessary.” Mr. Kidder has revised his proposal to include nine total lots instead of 10, but Mr. Rappaport is advising the planning board not to take action on that until the MVC has addressed the project that has been referred.
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