Owners of a dilapidated Oak Bluffs house are continuing to fight their case in court for approval to demolish the structure, in order to build eight affordable housing units.
A May 1 ruling by a Dukes County Superior Court judge effectively upholds the project’s denial, which was made last year by the Copeland Plan District Review Board.
Title owner of 3 Uncas Ave, Robert Sawyer, who’s been pleading his case for over a year, says not only is the house uninhabitable as is, but the denial of the demolition is preventing the construction of eight workforce housing units.
In April, a Chapter 40B application was approved for the 3 Uncas Ave lot by MassHousing. Under 40B, property owners are required to allocate 25 percent of the housing units for individuals and families with 80 percent area median income (AMI).
But that approval will expire in two years if the project fails to get underway by then.
Regarding current litigation, Sawyer says there’s only two outcomes: “[The town] lets us demolish the building so we can create eight new workforce housing units,” or, he said, “the building that you see today — that boarded up eyesore — just remains there.”
“It’s no more complicated than that,” he added.
In addition to needing approval from the Copeland board, the project will likely need approval from the Cottage City Historic District commission and the Oak Bluffs historic commission. Sawyer calls it the “triple jeopardy.”
The project would also require permits from the Martha’s Vineyard Commission and the zoning board of appeals, along with obtaining a demolition permit — requirements that Sawyer says muddles the review processes, as there’s too much oversight.
The house has been listed on the Massachusetts Cultural Resource Information System (MACRIS), a database for historically or culturally significant places. The property is within both the Cottage City Historic District and the Copeland Plan district, and is estimated to have been built in 1874 as part of the Oak Bluffs Land and Wharf Co. development.
Those designations suggest that the house holds some significance, whether it be architecturally, culturally, or historically. According to MACRIS, 3 Uncas is considered “significant” in terms of architecture and “recreation.”
Still, an inspection of the house last year by engineer John Lolley for Sawyer, found excessive deficiencies in the existing structure, including unstable floors, deteriorated and cracked mortar and foundation walls, rotting sills, “obvious” water damage to the roof, attic and basement, leaking, and mold throughout the interior. “[The] main house is in overall deteriorated structural condition,” the report reads.
The engineer’s assessment concluded that the 3 Uncas Ave. structure “is not suitable for human habitation and should be demolished.”
Despite those findings, which were made available to Copeland board, the unanimous September denial cited Sawyer’s project as “an elective demolition” and not appropriate, as “it does not meet the requirements of Copeland.”
Additionally, Copeland’s rejection states that they were unable to review the proposed housing units and plans associated.
The May 1 ruling by Judge Douglas Wilkins, which denied Sawyer’s motion for partial summary judgment, means those building plans won’t be considered in the case.
But Sawyer says despite the roadblocks, of which there have been many, he’s not willing to give up just yet.
“You can’t go anywhere or read anything without being exposed to the housing crisis on the Vineyard,” Sawyer said in an interview with The Times. “The community needs these housing units,” he said. “They’re not a panacea, but we need them like we need air to breathe.”
The application and legal processes have been time consuming, expensive, and often frustrating, he said. But “we’re going to keep on trying.”
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Oak Bluffs 'eyesore' to remain if demo doesn't happen - Martha's Vineyard Times
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