A controversial plan to expand a home on South Water street in Edgartown is facing a legal challenge after receiving approval from the town historic district commission in late January.
For months neighbors have taken issue with a proposal to build a wraparound porch, pool and connection between the main house and garage at 81 South Water street, arguing the additions would obstruct one of the last public views of Edgartown harbor.
In a lawsuit filed in Dukes County Superior Court last month, neighbor Michael Hirshfeld is claiming the historic district commission erred in its procedures and overstepped its authority in approving the project. He is now asking the court to annul the decision from the commission.
The project was first proposed by contractor Gery Conover in December and approved on Jan. 22 in a 4-3 vote.
The property, which housed the Vineyard’s first governor Thomas Mayhew, was purchased last year by Edward Jepsen from a limited liability company called Goldeneye LLC. The LLC is connected to hedge fund manager David Malm, who floated several changes in 2023 that faced public scrutiny.
Neighbors have been outspoken in opposing Mr. Jepsen’s plans, arguing that the additions are oversized and that the pool proposal should be rejected to remain consistent with the historic district commission’s decision for Goldeneye's smaller plans.
“I want to preserve that house as closely to what was allowed to Mr. Malm and Goldeneye,” Mr. Hirschfeld, who lives on High street, told the Gazette. “I don’t see any reason why the commission should depart from that and allow an upsizing that it would not have allowed before.”
Mr. Jepsen got the green light from the historic district commission to install a wraparound porch that would extend seven feet into the visibility corridor.
There were several changes to the original plan, something that drew praise from some commission members.
“I appreciate all the changes that have been made,” said commission chair Ken Magnuson.
Still, many neighbors were concerned about obstructions to what they said is one of the last remaining views of Edgartown harbor from the street.
Mr. Jepsen’s designer Sasha Robinson-White claimed that vegetation on the property currently juts out 10-feet and the porch will enhance the view. The commission, which has jurisdiction over anything in view from a public way, was pleased when Mr. Jepsen proposed donating a bench on the sidewalk in front of the view corridor to enhance the view for the public.
“I’m blown away by the offer of the bench to the town,” said Peter Rosbeck.
Mr. Jepsen offered to institute a no-build permitting restriction on more than half the property where the lawn is. Attorney Robert Moriarty said it would prohibit a subdivision in perpetuity if approved by the conservation commission.
“Let’s be straight here, we’re not trying to block this view and let’s be honest anybody who tries to do that would be run out of Edgartown,” Mr. Moriarty said.
The commission also debated whether plans to install a pool and Jacuzzi would be hidden from public view.
Mr. Jepsen agreed to install the pool and Jacuzzi flush with the terrace at the back of the property, which Mr. Conover and Mr. Robinson-White said will ensure they will not be visible to the public.
Some members of the commission disagreed. Mr. Conover placed a tarp on a portion of the lawn to demonstrate where the pool would be installed. Some commission members said they could see the tarp on public lands.
“If we can see it from Chappy we can see it from the harbor,” said commission member Cari Williamson.
Swimming pool proposals for the property were also debated under Goldeneye’s ownership. In 2023 the commission rejected plans for a swimming pool and later rejected a scaled down version due to visibility from the public way.
The commission narrowly approved Mr. Jepsen’s entire revised plan 4-3. Ms. Williamson, along with commission members Susan Catling and Ezra Sherman, voted against the project.
“The lack of an architectural identity and through-line, [I] think presents a project that’s really inconsistent with the qualities of the historic district,” said commission member Ezra Sherman.
Central to Mr. Hirschfeld’s complaint against the historic district commission is a claim that the commission’s approval of the pool was factually unsupported.
“Don’t sidestep [the proposal] by suddenly declaring that the pool’s location is not visible from a public way after you voted in December 2023 that it was,” he said.
He also alleges that Mr. Jepsen’s promise of a no-build permitting condition in perpetuity is misleading because it would depend on the conservation commission’s approval and could later be changed or removed.
Mr. Hirschfeld said the historic district commission also failed to give proper notice ahead of the proposal’s first hearing on Dec. 18, violating Open Meeting Laws.
During a hearing on Jan. 8, members of the public were only allowed three minutes to speak. The lawsuit claims that residents were instructed to file written comments after the hearing, and when Mr. Hirschfeld filed additional materials, he was told no new information would be accepted.
“It was explained to us that as far as the commission was concerned, the factual record was closed at the completion of the public portion of the public hearing,” he said.
Both Edgartown town administrator James Hagerty and Mr. Magnuson declined to comment on the case.
Mr. Moriarty filed a motion to dismiss the lawsuit, claiming Mr. Hirschfeld is not a “person aggrieved” because his property is not within 100 feet of 81 S. Water street’s property lines, and therefore has no standing to appeal to the court.
In response, Mr. Hirschfeld claims the law does not require a person to live 100 feet within the property lines to be aggrieved.
The issue is important to Mr. Hirschfeld because he cherishes the view. He said multiple properties within the historic district have lost their character in recent years, which motivates him to speak out.
“The historic district is much too willing to allow people to upsize historic houses and in the process make the historic aspects of these houses kind of disappear…” Mr. Hirschfeld said.
This article appears in March 13, 2026.
I will never understand why people want to build a pool when the water is right there. If you’re that desperate for a swim in the winter, get a membership to the YMCA!
The amount of energy spent to curtail neighbors from improving their properties is remarkable. Seems the objectors have time to meddle in other peoples affairs combined with an automatic and visceral response to any form of change. Somehow those with the ability of to do these sorts of things are the bad-guys. Yet when they quietly donate to the myriad of not for profits to support the local community, that’s ok. Truly, so what if you can see a sliver of a pool. Just guessing that the home owner would want that to be as limited as possible. The amount of effort which has already gone into preserving this view is obvious and extensive. It seems time to let folks build on their property without the influence of those with only imagined impact and a need to occupy their time with anger. This is sadly true throughout the island. Ohhh and before you say – ahhh, some new comer wants to change our magic. My family has been on the island since the early 1930’s and we love the magic. We just think it is high time for being more neighborly on these matters in all the towns . Private property is called that for a reason and unless there is real harm, we have enough rules to govern what can and can’t be done. It is just one (of many) of the perverse reasons is so expensive to build on the island. How about we start from a place of trusting our neighbors – its very good for the soul…
So would you be in favor of getting rid of all zoning laws and historic preservation committees. Just let anybody do whatever they’d like with their property? If someone bought the Old Whaling Church and wanted to demolish it and put up condos, that would be good for your soul?
Attorneys are the winners….$$$$$
It is important to keep an eye on over building these small intown lots. I have had views destroyed by people raising houses, building outbuildings, etc., in downtown Edgartown. Do not get me going on the unrestrained planting of huge, in my view, ugly, arbor vitae trees to circumvent the six foot height restriction on fencing. If you do not want anyone to see you, buy a house in the country. Those huge hedges destroy neighborly congress. IMHO
Just because you own something doesn’t mean it belongs only to you. That view of the harbor is important to everyone who lives in or visits Edgartown, so that the connection between the town and the harbor can be maintained for all!
The fact is, he owns the property and he should be permitted to make changes to that property in line with what other houses are permitted to in that area. He is under no obligation to maintain a public view.
You might get the impression from the article that all or even most of Ed’s neighbors oppose his project. That is not the case. Many of us think his plans look great and will be a great improvement to our neighborhood. They have been vetted and approved. Onwards.
Agree!
When will the “imagined impact” of reducing every open water view along North and South Water Street finally hit, harming the tourist industry and the character of our historic district? Previous open views are now just “peep-throughs” and this vista, both from the street and from the harbor, is the last and most historic of all. Two town commissions protected those vistas in 2023-24 and did not allow the upsizing or pool that will indeed be visible. The recent vetting process was flawed: due diligence wasn’t done, legal promises weren’t reviewed by Town Counsel or even fully put into print, photographic evidence was ignored, public comment was disallowed during the hearing process, and more. If you call that fully vetted, then on what basis should public trust stand? I applaud this resident who is speaking out and objecting.