The owner of the former Lampost building in Oak Bluffs went to court against the Martha’s Vineyard Commission late last week seeking to overturn a decision denying his request to reduce the number of restricted workforce housing units in the building.
A complaint filed in Dukes County superior court Friday claims that the commission not only exceeded its authority on the merits but later failed to record its decision in a timely manner. The lawsuit argues that the MVC’s delay in filing the decision amounts to what is known as constructive approval.
The redevelopment of the mainstay building on lower Circuit avenue that was formerly a tavern has a complicated history. First approved by the commission in 2017 and modified in 2018, a phased redevelopment plan eventually called for 10 apartments with 22 bedrooms on the upper three floors of the building. All were restricted as workforce or year-round housing.
After it came to light last year that some of the units had been rented out as summer vacation rentals, a dispute arose between building owner Adam Cummings and the commission over whether he had been out of compliance.
At a public hearing late last year that was hostile at times, Mr. Cummings disputed the commission’s interpretation of the language in their decision restricting the units as workforce housing. Later he filed a formal request to modify the DRI by requiring only four of the 10 units be restricted as workforce housing.
A public hearing was held, and on May 5 after deliberations, the commission denied the application.
For reasons that are not immediately clear, the written decision — the final step in the MVC DRI process — was not recorded with the Oak Bluffs town clerk and the Dukes County Registry of Deeds until August 22.
The lawsuit was filed by Windsor Circuit, Ltd., which identifies Mr. Cummings as its president. Windsor Circuit is represented by Peter A. Brown and Thomas D. Orr of Brown Legal PLLC in Boston.
The plaintiff is asking the court to annul the decision and award unspecified damages.
