Commission Accepts the Nomination of Mullen Way as Critical District

By IAN FEIN

Suggesting that historical middle-class neighborhoods might be of
irreplaceable value to the Island, the Martha's Vineyard
Commission last week unanimously agreed to consider a narrow tree-lined
street in Edgartown for designation as a district of critical planning
concern (DCPC).

The first new critical district nomination in more than five years,
it was brought by a group of Mullen Way residents who felt existing
regulations could not protect them from a large subdivision proposed at
the end of their road. As designated special places, DCPCs allow towns
- through the enabling legislation of the commission - to
adopt zoning regulations that would otherwise not be allowed by law.

Edgartown attorney Ronald Monterosso in a presentation to the
commission last Thursday acknowledged that the district would encompass
only a dozen homes lined along a side street off the Katama end of
Pease's Point Way. But he argued that Mullen Way, with its modest
bungalows and small-town charm, represents an important piece of the
fabric of the Vineyard community.

"Yeah, it's a small neighborhood in Edgartown. But if
you take the stance today that this neighborhood is not of regional
importance, then developers can pick off these types of neighborhoods
across the Island, one by one," said Mr. Monterosso, who lives on
Chappaquiddick and is assisting the Mullen Way residents at no charge.
"Each community, in and of itself, might not be of regional
importance. But if you allow developers to keep pulling away these
threads, eventually there won't be any fabric left," he
said.

Mr. Monterosso also said that, if approved, the new district could
be a model for similar middle-class neighborhoods on the Vineyard that
are losing their cultural character and being transformed into trophy
suburbs.

"A lot of people on this Island have given up, or are ready to
give up. They go to public hearings and try to save their neighborhoods
from development, but they're told by the town boards that
there's nothing they can do," Mr. Monterosso said. "If
we can get this one done, it could be a rallying point - a sign
they don't have to give up. Other neighborhoods could say,
‘We're like that. We're like Mullen Way.'
"

The nomination is still in the early stages of the DCPC process,
which can take as long as a year, and the commission has not yet decided
whether to actually designate the neighborhood as a critical district.
The next step is a public hearing, scheduled for early September, where
the proposal will get a full airing.

But by accepting the nomination last week, the commission triggered
an automatic building moratorium that stays in effect while the DCPC
process runs its course.

Developers Michael Kidder and Douglas Ward this month withdrew plans
for a nine-lot subdivision proposed on eight acres at the end of Mullen
Way, after the Edgartown planning board referred it to the commission as
a possible development of regional impact (DRI). Dubbed Tall Trees
Village, the subdivision would essentially double the number of homes on
the street and, according to neighbors, permanently alter the character
of the neighborhood.

Mr. Monterosso described the proposed homes as large, million-dollar
mansions with three-car garages, attached guest houses and pools. He
said he expects the developers to resubmit their project with even more
homes, as they will need to maximize their investment in the land. The
developers bought the property for $6 million, more than three times its
assessed value of $1.6 million.

The subdivision proposal inspired commercial fisherman Robert Coad,
who has lived on Mullen Way for more than 30 years, to gather signatures
for the DCPC nomination. He needed 75 taxpayers to sign the nomination,
and received more than 100.

Mary Jane Rogers, who is married to Mr. Coad, told commission
members on Thursday about her experience in the neighborhood. She said
residents gather for block parties, walk their dogs together in the
street, and share a small-town lifestyle that is disappearing from the
Island.

"When I moved to Mullen Way, I finally felt like I was a part
of something," Ms. Rogers said. "It's this sweet
little neighborhood that just warms your heart. And there has got to be
some intrinsic value in that."

The street is closely lined with bungalow-style homes, many of which
were built in the 1920s and 1930s, according to Mr. Monterosso. An old
white farmhouse at the end of the street, slated for possible demolition
by the subdivision developers, might be one of the oldest homes on the
Vineyard.

Ms. Rogers said she works as a nurse with older patients, who
express grave sadness when they hear her talk about the proposed
subdivision. She said the commission might be surprised by an outpouring
of similar sentiment at the upcoming public hearing.

"The Island feels like it's being taken away, one house
at a time," she said. "They disappear, these little houses,
they get swallowed up and replaced by much larger homes. If we
can't protect this little neighborhood, then there's
something awfully wrong."

It is unusual - though not unprecedented - for such a
small geographical area to be designated as a critical district.

Shortly after its creation in 1974, the commission received a flood
of DCPC nominations, out of which it developed three Islandwide
districts. One of those, the special places district, includes a number
of small sites spread throughout different towns.

DCPC coordinator Jo-Ann Taylor said yesterday that the commission
could likewise create an umbrella DCPC for special neighborhoods, under
which towns or residents could nominate different areas.

If the commission decides to designate the Mullen Way neighborhood
as a critical district, then four town boards - the board of
selectmen, planning board, conservation commission and board of health
- will be responsible for proposing special regulations for future
development in the district. The regulations must be approved by the
commission and a two-thirds majority at town meeting.

When considering a DCPC nomination, the commission is required to
look at whether existing regulations can assure protection of valuable
resources. Mr. Monterosso noted last week that the Edgartown planning
board, which sent the proposed subdivision to the commission as a
discretionary referral, could not consider during its review whether
Mullen Way - one of the narrowest town streets in Edgartown
- could safely accommodate another nine homes.

Commission member Christina Brown, who is also the administrator to
the Edgartown planning board, noted that town boards can only act within
the subdivision control laws.

The remark prompted a quick response from commission chairman Linda
Sibley of West Tisbury: "And that's why the state
legislature said, ‘Let there be a Martha's Vineyard
Commission.' "