A Tisbury resident is asking the state Land Court to review the town’s zoning board of appeals decision on a controversial housing development.
Mary Bernadette Budginer-Cormie, along with her husband Leigh Paul Cormie, filed a lawsuit with the court earlier this month, seeking a reevaluation of the zoning’s board denial of her previous appeal on 97 Spring street.
The home, developed by Xerxes Aghassipour, is a nine-bedroom, four-level residence that has riled up neighbors, some of whom have placed signs that read “Save our Neighborhoods” about town.
In her legal complaint, filed on Nov. 19, Ms. Cormie contends that the building is an illegal lodging house in a residential district, in violation of the town’s zoning bylaws. Ms. Cormie, a neighbor of the Aghassipour home who is representing herself in court, also alleged that the demolition of the previous home at the site was done without the proper approvals, and claimed that zoning board meetings held to discuss were not in compliance with the state’s open meeting law.
She has asked the court to annul the zoning board’s decision to uphold building inspector Greg Monka’s removal of a stop work order on the property.
“Plaintiffs were stunned when they realized that the Town Administrator, the ZBA and the Zoning Enforcement Officer appeared to be allowing Aghassipour carte blanche under the auspices of a single family resident permit, bypassing any and all established checks and balances per the Tisbury Zoning Bylaws,” she wrote.
The lawsuit is filed against the town, the zoning board, the town building inspector and Mr. Aghassipour.
Mr. Aghassipour had previously demolished the existing home with a permit from the town building commissioner and the new residence is under construction. Earlier this month, the Martha’s Vineyard Commission elected to review the project because the previous home was more than 100 years old, triggering a review under the regional planning agency’s historic preservation policy.
Neighbors have contended that Mr. Aghassipour will use the home for workforce housing, degrading the neighborhood’s character.
“This was a purpose built commercial structure and plaintiffs would be living next to a commercial building,” Ms. Cormie wrote in her lawsuit.
For his part, Mr. Aghassipour, who has envisioned leasing the house to offshore wind company Vineyard Wind, has maintained that he will make a final decision on how to use the property based on what Tisbury officials require for a certificate of occupancy.
Jay Grande, the Tisbury town administrator, did not immediately return a request for comment on the lawsuit.
The court has taken no action since it was filed last week. A further date has not yet been set.
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