Land Court Upholds Power of MVC To Review 40B Housing Projects
Developer of Golf Club Will Appeal
By JULIA WELLS
Gazette Senior Writer
For the second time in less than two years, yesterday a
Massachusetts Land Court judge ruled that the Martha's Vineyard
Commission has full power of review over low and moderate income housing
projects under Chapter 40B, a section of state law commonly known as the
anti-snob zoning statute.
Southern Woodlands Hearing Is Set, but Developers Seem Primed to
Fight
By JULIA WELLS Gazette Senior Writer
On the eve of a public hearing - now set for next week -
to review a massive housing project in the southern woodlands section of
Oak Bluffs, the developers of the Down Island Golf Club appear to be
charting a fresh collision course with the Martha's Vineyard
Commission.
Once More Before the Court: Power of the Commission
By JULIA WELLS
The unique power of the Martha's Vineyard Commission to review
low and moderate income housing projects under Chapter 40B, a section of
state law commonly known as the anti-snob zoning statute, will come
under scrutiny again later this month in the Massachusetts Land Court.
Developers Bring Their Housing Plan Back to Commission
By JULIA WELLS
Alternately cracking shrill jokes and smacking the table with his
hand, a Bolton housing developer last night unveiled a new version of a
plan to build 320 homes on the southern woodlands property once planned
as the site for the Down Island Golf Club.
Brian Lafferty, who works for property owner and would-be golf club
developer Corey Kupersmith, wasted little time before throwing down the
gauntlet in front of the Martha's Vineyard Commission.
A Motion for Court to Reconsider Earlier Ruling Takes Lawyers to
Boston; How Powerful Is Island Commission?
By JULIA WELLS Gazette Senior Writer
BOSTON - An attorney who represents the Down Island Golf Club
developers tried to convince a Massachusetts Land Court judge this week
that the court's chief justice was wrong when he ruled last year
that the Martha's Vineyard Commission has full power of review
over affordable housing developments - including the power to
reject them.
In an unqualified show of confidence for one of its own members who has been under relentless attack by the developers of the Down Island Golf Club, the Martha's Vineyard Commission voted without dissent last night that commission member Linda Sibley is free from bias and prejudice.
"I don't believe there is anybody on this board that does more homework and takes her job more seriously than Linda. For her to be accused of being a bigot is laughable," said commission member Richard Toole.
Top state environmental officials stepped squarely into the fray
around the Down Island Golf Club this week, ordering developers Brian
Lafferty and Corey Kupersmith to immediately halt all tree cutting in
the southern woodlands section of Oak Bluffs.
Kupersmith's Attorney, Vowing Defiance of Cease and Desist
Order, Is Told Criminal Charges Could Come
By JULIA WELLS Gazette Senior Writer
Attorneys for the Down Island Golf Club have clashed head-on with
top state environmental officials, declaring bluntly that the developers
will not comply with the recent cease and desist order in the southern
woodlands.
