The Martha’s Vineyard Commission has settled out of court with the Harbor View Hotel by revising its 2021 written approval of a spa expansion at the hotel, commission leaders announced Thursday night.
The unusual announcement is believed to be a first for the commission, which has never modified a written decision in response to litigation.
The spa expansion was approved in July 2021 with long list of complicated conditions that included barring the hotel from accepting cash transactions at the spa, the submission of a plan for the hotel’s pool bar and a large affordable housing contribution, among other things.
In September 2021 the hotel appealed in superior court, requesting the removal or modification of 14 conditions, claiming the commission had exceeded its authority and violated its own enabling act.
The exact revisions that have been made were not explained Thursday night. The settlement agreement that was filed in Dukes County superior court Thursday afternoon includes a revised, 20-page decision with 16 conditions, but it is not accompanied by the original written decision. The original written decision also is not published on the MVC website.
Commission chairman Joan Malkin said at the meeting Thursday that the commission had approved the settlement agreement in an executive session last week. Ms. Malkin said she expects the court to issue a decision on the agreement as soon as next week.
“This settlement was the result of good faith negotiations,” Ms. Malkin said. “I am very appreciative of the hotel for working diligently with us to resolve all of the outstanding issues that were raised.”
Harbor View general manager Scott Little attended the meeting but made no comment.
“This settlement agreement completely resolves the litigation,” Ms. Malkin said. “It allows the hotel to move forward with its approved project while maintaining what the commission believes is the appropriate balance between the benefits and detriments.” She continued:
“The resolution allows the hotel, which frankly is a longstanding Island business, to continue to operate in one of our most significant industries, which is the tourism industry, while, very importantly, still addressing the core concerns of the commission.”
Zach Harris contributed reporting.
