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Local
Permitting Abuses under Home Rule and Regional Planning
Aquinnah,
Massachusetts on the island of Martha's Vineyard
Applicants:
Maria
A. Kitras and James J. Decoulos, Trustees
Gorda
Realty Trust
Locus Map of
Set-Off Lot 232, Aquinnah Assessor Map 12, Parcel 38;
Transcript of
Trial from Pettegrove v. Zoning Board of Appeals of Aquinnah, MA Land
Court Misc. Case Nos. 248339 and 249530 (Paul D. Pettegrove was the original trustee of Gorda);
Pettegrove v. Zoning
Board of Appeals of Aquinnah, MA Land Court Misc. Case Nos. 248339 and
249530, Decision dated June 29, 2000;
Percolation
test vandalism, Aquinnah Police Report, April 25, 2000;
Aquinnah Conservation
Commission (ACC) comments to the MEPA Unit, July 10, 2000;
MEPA comments from
Theophilus R. Nix, Jr. Esq., July 17, 2000;
MEPA comments
from Jeffrey L. Madison, March 7, 2001;
MEPA Certificate
dated March 26, 2001;
Superseding
Order of Conditions (SOC) from DEP, July 12, 2001;
Appeal
of SOC by Town of Aquinnah, July 23, 2001;
Response to Show
Cause, September 27, 2002;
Kitras and Decoulos
v. Aquinnah Conservation Commission, amended complaint filed in Essex
Superior Court, October 28, 2002;
Settlement Agreement with
Town, December 23, 2002;
James J. Decoulos to
Governor Romney, June 7, 2004;
Decoulos request
for one-year extension to Local Wetland Bylaw, July 6, 2004;
Video of wetland resources in easement area by Mario DiGregorio, July 20, 2004
ACC denial of one-year
extension request on July 27, 2004;
Lealdon Langley of
MassDEP to Decoulos, December 8, 2004;
Decoulos request
to Aquinnah Selectmen to toll local permits, February 4, 2005;
Decoulos request
to ACC to toll Local Wetland Bylaw permit, February 17, 2005;
Decoulos to Langley,
March 24, 2005;
Recommended Final Decision
from DALA and Final Decision from Commissioner Robert W. Golledge, Jr.
adopting DEP's SOC, November 14, 2005;
Decoulos request
to toll septic permit to Aquinnah Board of Health (ABOH), November 22,
2005;
ABOH refusal to toll septic
system permit, January 22, 2006;
Fifth Notice
of Intent under Aquinnah Wetland Bylaw, November 2, 2006;
Kitras and Decoulos
v. Aquinnah Conservation Commission, Middlesex Superior Court 2008-2585H;
Decoulos request
to extend DEP SOC, November 7, 2008;
DEP Extension
Permit, February 5, 2009
Memorandum of Decision
and Order on the Plaintiffs' Motion for Judgment on the Pleadings, Middlesex
Superior Court 2008-2585H, March 1, 2010
ACC Notice of Appeal,
May 7, 2010
ACC Dismissal of Appeal,
August 11, 2010
REAPPLICATION TO AQUINNAH BOARD OF HEALTH
Septic system application filed by attorney Peter J. Feuerbach,
January 11, 2011
Septic system permit from Aquinnah Board of Health,
April 14, 2011
SPECIAL PERMIT APPLICATION TO AQUINNAH PLANNING BOARD PLAN REVIEW COMMITTEE UNDER THE JURISDICTION OF THE AQUINNAH DISTRICT OF CRITICAL PLANNING CONCERN
Special Permit application filed by James J. Decoulos,
July 22, 2011
Request to extend public hearing by attorney Peter J. Feuerbach, September 7, 2011
Revised Site Plan, September 27, 2011
Public hearing audio podcast, October 4, 2011 (1 hour, 43 mins)
Supplemental letter from attorney Peter J. Feuerbach, October 13, 2011
Public hearing audio podcast, October 18, 2011 (1 hour, 15 mins)
Alternative Site Plans, November 15, 2011
Public hearing audio podcast, November 15, 2011 (1 hour, 50 mins)
Supplemental letter from attorney Peter J. Feuerbach, November 28, 2011
Public hearing audio podcast, November 29, 2011 - End of hearing with unanimous vote to deny (5 mins)
Written denial of Special Permit from Aquinnah Planning Board Plan Review Committee, December 6, 2011
The story from the Vineyard Gazette, Aquinnah/Gay Head Community Association,Vineyard Conservation Society, Martha's Vineyard Land Bank, Peter Temple, Sarah Thulin and Carlos Montoya, as reported by Julia Wells
TOP TEN REASONS WHY THE TOWN OF AQUINNAH HAS VIOLATED A FAMILY'S CIVIL RIGHTS AND ACTED IN BAD FAITH
- The single family home project by Gorda is the first project that the Aquinnah Planning Board Plan Review Committee (APBPRC) has denied in over ten years of asserting jurisdiction over the Aquinnah District of Critical Planning Concern (ADCPC);
- The APBPRC has been granted authority by the Martha's Vineyard Commission to "protect the scenic character of the District [the ADCPC] from undue visual intrusion." They have never had jurisdiction over zoning enforcement or compliance;
- Jane and Mark Miller bought their property in 2007 knowing full well that a bridge to Lot 232 had been permitted and approved. Their substantial expansion of the former Ochs residence was a significantly greater visual impact (which can be seen from Moshup Trail) than the proposed Gorda project (which would not be visible from Moshup Trail);
- The significant wetland crossing for the single family home project was created by Jeffrey L. Madison, to be used for all purposes for which public ways are used in the town of Gay Head (Aquinnah). The Town's engineer and counsel argued during the ZBA trial in the Land Court that a bridge could be used to span the significant wetland crossing, which Justice Green adopted in his decision (see transcript and decision above);
- The attacks on the Gorda project have involved a multitude of private and public entities who have colluded to deny Maria and Jim a constitutional right to use their property. The parties who have acted together to treat this project differently than all others have included Joann and Jack Fruchtman, Jane and Mark Miller, Conservation Commission Chairman Sarah Thulin, Planning Board Chairman Peter Temple, former Planning Board Chairwoman Camille Rose and Vineyard Gazette editor Julia Wells (who apparently feels that her role as an impartial journalist does not require obtaining the other side of the story from either Maria, Jim or their attorneys);
- For 15 years, Gorda has dealt with more claims of environmental impacts than any other applicant in the history of Commonwealth. The single family lot has over 1.2 acres of dry upland. The significant wetland crossing on Lot 708 is the only currently available legal route available for Maria and Jim to obtain access to their land;
- The proposed single family home project has been intentionally singled out by the Town and treated differently than all other single family home projects ever proposed in the Town (formerly known as Gay Head);
- The single family home project has been forced to deal with more civil litigation than any other single family home project in the history of the Commonwealth (currently 26 cases involving the Division of Administrative Law Appeals, Land Court, Essex Superior Court, Middlesex Superior Court, Appeals Court, Supreme Judicial Court and the U.S. District Court);
- Set-Off Lot 232 was created in 1878 as a single family house lot suitable for building. There were 36 lots identified in 1878 that contained significant wetlands and valuable peat deposits - and Lot 232 was not one of those lots. The 36 lots were identified by the Vineyard Conservation Society, the Town, the MV Land Bank and the Fruchtmans as containing significant peat deposits that warranted conveying those rights to third parties (as profits a prendre). See page 15 of Defendants' Brief dated April 21, 2010;
- Vacant Lot 232 has been assessed like every other vacant, buildable, single family lot since it was created. The Town has taken the property for non-payment of taxes (which have since been paid).
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