Selectmen made an exception for Dardanella and Sean Slavin, Chilmark’s first recipients of an affordable home site under the town’s new affordable housing bylaw, ruling Tuesday to allow the property to pass to an heir without income restrictions.

But in the ruling selectmen wrestled with ­— and left unanswered — a key philosophical question on affordable housing, namely whether property should stay in the family regardless of income.

Tuesday’s decision, approved two-to-one by the board, was the result of a complaint registered by the Slavins, who won the right to purchase at $40,000 a 2.1 acre lot in the High Meadows development in January.

Due to a town error, the Slavins received an information package during the application process stating affordable housing income restrictions would not apply for heirs.

But in a deed rider sent following the lottery, the couple discovered a variety of restrictions for heirs, including the requirement that an heir must earn within the affordable housing income bracket.

For Mrs. Slavin the restriction went against the very reason she and husband have been trying, for seven years, to buy in Chilmark.

“To us, family continuity is an important thing,” said Mrs. Slavin, 34, during an interview at her Vineyard Haven chiropractor’s practice this week, “and that’s why we were so startled when we saw the change in the deed rider.”

The Slavins already were trying unsuccessfully for property in Chilmark through the town’s youth lot program when they married in 2002. But the last two youth lots in Chilmark were awarded in 2001.

After several years of short-term stints in houses across Chilmark, including time at Mrs. Slavin’s mother’s home, three years ago the couple found a house which they caretake close to the High Meadows development.

They were among the original applicants for the lot and would take regular trips past the site tracking various developments.

“I must have done that walk a hundred times,” said Mr. Slavin, 35. “The site is perfect. It’s beautiful, it’s big.”

On one such walk, Mrs. Slavin’s water broke while standing on the site. The couple beat 2/11 odds to win in the January lottery. Their son Quinlan is now almost two years old.

Mrs. Slavin grew up in Chilmark and worked as a part-time Chilmark police officer for seven years and as a lifeguard for five.

“My mother was the recipient of a youth lot. She would never have been able to live in Chilmark otherwise,” she said. “It’s a great place to grow up. I love it there.”

It was the individual case of the Slavins which convinced chairman Frank Fenner. He argued the case should be viewed individually and not affect town policy on the matter.

“I hope 100 years from now that the family of the recipients sit around the Thanksgiving table and say my great, great, great grandfather built this house,” he said.

Warren Doty also voted in favor of lifting the restriction, but J. B. (Riggs) Parker argued strongly against.

“I always felt that we were trying to build an inventory in Chilmark for people who couldn’t afford the housing rates but would be good additions to the community. These are heavily restricted lots and they’re not for everyone,” he said. “We’re about to start dividing Middle Line Road, that’s six home sites, and Nab’s Corner will be four. If we make [this choice about easing inheritance restrictions] that’s it. Affordable housing is done. Finished.”

Mr. Slavin, who is a West Tisbury policeman, predicted that it will be even tougher to apply the restriction to larger Chilmark affordable projects still in the works.

“There’s going to be huge problems with Middle Line. The math doesn’t work,” said Mr. Slavin. He pointed out that he and his wife are lucky to be in a small financial window which means they qualify for the 150 per cent of the Dukes County median income, and yet have enough in the bank to secure a mortgage with the bank for the home they plan to build.

“I mean if a cop and a teacher that had been working in Chilmark for five, six, seven years will not qualify,” he said. “I think that’s being lost in the conversations that are being had. Riggs mentioned he wants teachers to be able to stay in town. Well a lot of teachers make too much money to qualify, and that’s at 150 per cent of the median level income.”

While Mr. Fenner insisted on separating the Slavin case from the wider issue, Mr. Doty argued for the general principle behind allowing heirs to inherit affordable lots.

“It’s a question of: are you valuing income or family?” He said, “It’s a modest home in a modest area. If they win the lottery — good for them. It’s keeping people in town.”

Mr. Parker was not convinced.

“We’re operating emotionally here,” he said, adding later: “I’m clearly in a minority here but I want my opposition recorded and I want it expressed. This is nothing to do with the current applicants, I couldn’t be happier with them. It’s a matter of principle and I am going to stick to them.”