Neighbors Appeal Kuehn's Way Housing Project

A resident group has gone to court to block the Kuehn’s Way affordable housing project in Vineyard Haven, claiming among other things that the plan is environmentally flawed and could wind up polluting the wells of neighboring homes.

The Tisbury zoning board of appeals approved the plan for 20 apartments on 14.8 acres off State Road in October. The project was opposed by neighbors concerned about density and environmental impacts. The developer is the Island Housing Trust, which is still working to raise the $6.3 million needed to build the project, and had hoped to break ground by next fall.

The Martha’s Vineyard Commission waived a public review of the project in July, leaving the decision to the Tisbury zoning board. The housing trust is using a comprehensive permit under Chapter 40B, the state affordable housing law.

The resident group filed an appeal in the Massachusetts Land Court on Nov. 22. The appeal seeks to annul the zoning board decision on grounds that the review was inadequate.

Plaintiffs in the case are Robert Dias, Alec Gale and Kristen Kingsbury Henshaw, all neighbors to the planned development in the Red Coat Hill section of Vineyard Haven. Defendants are the members of the Tisbury zoning board of appeals and the nonprofit housing trust.

Reached by telephone this week, Daniel Hill, an attorney with Hill Law in Boston representing the plaintiffs, said the zoning board overlooked key environmental issues because their review was fast-tracked.

“Usually these types of projects take months and involve an in-depth peer review. None of that happened,” he said.

In an email this week, Philippe Jordi, executive director of the Island Housing Trust, called it a setback to the cause of affordable housing.

“With free legal services secured from a Boston law firm, the IHT is confident that it will prevail in requesting the court to dismiss the appeal,” he wrote. “Unfortunately, it’s the Island community and the many working families and individuals struggling to secure affordable year-round rental housing who will suffer the most from this delay.”

What are the other things that are "among other things" being addressed? I feel like getting that down is kind of essential to correctly appraising the situation as a resident. We all know this process has been going on for a long time. This is a "not in my backyard" issue and the so-called environmental concerns are subterfuge for scuttling the project because it will have impact on the character and rural quality of the neighborhood. If all the abutters want are more studies and reassurances from experts, they have every right to request them. This delay increases the likelihood that valuable island workers like teachers, tradespeople, nurses, librarians, police officers, and others will continue to be in need of suitable housing.

Blah, blah, blah. The affordables could build 100 houses per year and they would still complain that it is not enough. Affordable housing is nothing more than a guarantee to keep marketplace wages lower. So where does that leave us? The unending struggle of wages vs. market of affordability.

With respect I must point out that the 20 units are not being put on 14.8 acres but in the front 5+- acres along State Road. The balance of the remaining 9+- acres have been sold off the the LandBank and are not available for development.

Correction: Not "sold off to the Land Bank." The Land Bank has purchased an easement, thus making this cluster development possible from a financial point of view. However, the IHT still owns all the land. However, it is unlikely that the IHT will ever be able to use the easement land for purposes of septic management, since that use is not (AFAIK) spelled out in the easement document.

I see we have a large group of Grinches in Vineyard Haven. That is showing the spirit of Christmas.

What Mr. Hill forgets is that this project was reviewed years ago, by both the MVC and the ZBA in the past. A subsequent appeal by one abutter was negotiated out of court and now you have another one looking to appeal. Nothing will change with this appeal. This is nothing but a money grab for attorneys (Mr Hill) and he knows it.

It's called veiled discrimination. They come up with all these fancy reasons why it's bad for the water or it's bad for the birds, what they really mean and can't say it,is they don't want these honest hardworking people who they don't think are as good as them, when in fact they are probably more honest than the phoney rich living near them. That is discrimination and that is the real reason

Re " the phoney rich living near them. " If you live in South Boston you must be one of these "phony rich." "The median home value in South Boston is $604,400. South Boston home values have gone up 11.6% over the past year and Zillow predicts they will rise 5.4% within the next year. The median list price per square foot in South Boston is $634, which is higher than the Boston average of $576." As for maintaining the neighborhood's rural character, the Land Bank should be part of the solution in maintaining rural character, not becoming part of the problem.

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Comments (8)

Dean Rosenthal, Edgartown

December 1, 2016 - 11:12pm

William, MV

December 2, 2016 - 2:07am

A. Neighbor , VH

December 2, 2016 - 7:18am

Nature Lover

December 4, 2016 - 11:43am

Bob, Edgartown

December 2, 2016 - 10:06am

Not in my backyard, Martha's Vineyard

December 2, 2016 - 12:05pm

charlie callahan, so boston/edgartown.

December 4, 2016 - 7:07am

December 5, 2016 - 2:06pm

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