The Edgartown planning board this week declined to weigh in on a developer’s plan to withdraw an application from the Martha’s Vineyard Commission.
The backers of Katama Meadows, a controversial subdivision formerly known as Meeting House Way, last month asked the commission to be able to pull its application from the Islandwide planning agency. The developers made the request so they could reapply to the Edgartown planning board, which, due to the recent town election, only has four of its five members eligible to vote on the project.
The commission normally makes developers wait two years to reapply for a project after it’s withdrawn, though projects can request a waiver from the regulation. When considering the waiver last month, the commission came to a tie vote, meaning the request failed.
After the tie, the commission wanted to get the Edgartown planning board’s thoughts on the withdrawal request. But, after a topsy-turvy 55-minute discussion filled with clarifications on parliamentary proceedings, the planning board could not come to a conclusion Tuesday on the message it wanted to send to the Martha’s Vineyard Commission.
Robert Moriarty, the attorney for Katama Meadows, broached the topic at the planning board meeting.
“I think it’s in the best interest of the town of Edgartown for the full planning board to be able to hear it,” Mr. Moriarty said. “I would ask that you guys take a straw poll with respect to that so I can report this to the Martha’s Vineyard Commission at our next meeting.”
Having more eligible planning board members could be advantageous to an applicant seeking approval. An application needs to have a majority vote to pass, meaning it would need three affirmative votes whether the board is four or five members.
“If the application were withdrawn and then refiled, that would bring your quorum up to five eligible voters,” said Doug Finn, the planning board administrator. “It would still only require three to vote in favor of the application for it to pass.”
Several members of the public urged the board to consider the vehement public pushback against the project, which proposes to make 26 single-family lots, 12 duplex units and 36 affordable housing units off Meeting House Way.
Melissa Vincent, a member of the town’s affordable housing committee, encouraged the board to take no position, saying it could set a precedent. If the board wanted all five members to vote on the project, it should change the town’s bylaws to allow new members who were not on the board when applications start to get up to speed — an allowance other towns have, she said.
Robbie Robinson, a member of the planning board, was in favor of allowing the waiver, and having Katama Meadows reapply so the board could be at full strength. Planning boards wait for the MVC to decide on projects before having their own full hearings, meaning the Edgartown board hasn’t had any substantial discussion on the proposal yet.
“I don’t know why we wouldn’t want a new member to not be able to vote on it when it comes back to us,” he said.
Planning board member Julia Livingston motioned for the board to not take a position, but that failed by a 3-2 vote. Ms. Livingston then motioned for the board to not support the two-year waiver, which also failed 3-2.
Mr. Robinson made a third motion asking the board to support the waiver, but that also failed 3-2, leaving the board with few other ways to vote.
Mike McCourt, who voted against all three motions, said the best move seemed to be doing nothing.
“The thing that I’m hearing is the board doesn’t want to get tangled up in a political issue….I think the best solution is not to vote at all,” he said.
The commission is expected to take up the application for Katama Meadows again on June 5.
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