Disgruntled neighbors of the Harbor View Hotel have filed an open meeting law complaint against the Martha’s Vineyard Commission over how it handled a recent settlement with the hotel.
Last month the MVC reached an out-of-court settlement with the Harbor View to resolve issues the hotel had with conditions the commission put on its approval of a proposal to build a spa. The settlement resulted in both new and revised conditions which in part make it easier for the public to use the spa and decrease the hotel’s contribution to affordable housing. Commissioners voted to approve the settlement in an executive session on July 7.
The open meeting law complaint is another chapter in a long history of disputes between the hotel and its neighbors and the regulatory agencies reviewing the project. Dylan Sanders — the Boston lawyer representing a group of residents in the Starbuck’s Neck neighborhood — filed the complaint on July 20, the same day a superior court judge threw out a separate motion by the neighbors to invalidate the agreement.
“At the July 7 meeting, the MVC met in executive session without first convening in open session, without first stating to the public the reason for the executive session, and without conducting a prior roll call vote approving a motion to convene in executive session,” the complaint reads in part.
The complaint alleges that the commission violated the open meeting law because it made a decision which had significant impact on the public without soliciting public input. The commission has the authority to go over legal strategy in executive session but must deliberate in public, the complaint goes on to say.
“The MVC went further than discussing litigation strategy, and took action to issue an actual revised decision, in substitution of the original,” the complaint says. “A valid new decision can only come after a new public process.”
The commission has another executive session scheduled to discuss the complaint at its Aug. 4 meeting. The discussion is also on the agenda for the public portion of the meeting.
