The future of vehicle access on Chappaquiddick's sandy trails is reaching a critical point this month. New rules are under consideration by the Edgartown conservation commission for the Trustees of Reservations, which manages 16 miles of oversand vehicle trails. These developments follow years of debate and multiple appeals concerning environmental protection and public access.
A state Land Court visit is scheduled before a trial on October 20. This trial will determine the legality of the Trustees selling permits for vehicles to access Cape Pogue. On October 22, the conservation commission will review draft conditions and a proposed memorandum of understanding. This document would establish new limits on vehicles allowed on the beaches.
Key Takeaways
- Edgartown conservation commission is reviewing new vehicle access rules for Chappaquiddick.
- A Land Court trial on October 20 will address the legality of vehicle permit sales for Cape Pogue.
- Proposed changes could increase the total vehicle limit across Trustees' properties to 275.
- Both the Trustees and some Chappaquiddick residents have appealed previous vehicle limits.
- The Dike Bridge infrastructure and ferry capacity are ongoing concerns for residents.
Longstanding Debate Nears Resolution
The discussion over vehicles on Chappaquiddick's trails has continued for several years. Despite the ongoing disagreements, town officials, local fishermen, and the Trustees of Reservations have expressed hope for a resolution soon. The upcoming trial and commission hearing are seen as key steps toward settling the issue.
"I think we are cautiously optimistic," said Richard Thompson, an avid fisherman present on Chappy during the recent Striped Bass and Bluefish Derby. "It does seem that we are reaching some sort of conclusion, but until things are finalized there are a lot of twists and turns in this story."
At the center of the oversand vehicle debate is the question of how many four-wheel-drive SUVs and trucks should be allowed on Chappaquiddick's shifting coastline. Another key aspect is determining where these vehicles can legally and safely travel. The area is particularly popular with fishermen seeking access to prime fishing spots.
Fast Fact
Chappaquiddick's oversand vehicle trails span 16 miles and are managed by the Trustees of Reservations, a nonprofit organization dedicated to preserving natural and historical places.
Previous Limits and Appeals
In May 2024, the Edgartown conservation commission set specific limits for vehicle access. For the Leland and Wasque properties, which the Trustees also manage, the commission allowed a maximum of 200 vehicles at one time. For Cape Pogue, the limit was set at 30 vehicles.
This decision led to immediate strong reactions. The Trustees of Reservations felt the caps were too strict. Conversely, some Chappaquiddick landowners believed the limits were too lenient and posed a threat to the health of the beaches. Both groups filed appeals against the conservation commission's orders. These appeals are currently under review by the state Department of Environmental Protection (DEP).
New Proposal for Vehicle Access
To find a way forward, the town and the Trustees began discussions. Their goal was to establish limits acceptable to both sides. The result of these discussions is the draft conditions and memorandum, released by the town late last month. This proposal suggests several changes to the current rules.
Under the new proposal, the commission would permit 275 vehicles across all Trustees' properties. This represents an increase of 45 vehicles compared to the previous order. The proposal also removes any distinction between Cape Pogue and other parts of Chappaquiddick regarding vehicle limits.
Background on Regulations
Conservation commissions enforce state statutes designed to protect natural resources. Orders of conditions are the official rules set by these commissions. A memorandum of understanding (MOU) is a separate agreement often used to outline responsibilities and collaborations outside of strict regulatory mandates.
Kara Shemeth, Edgartown's conservation agent, stated that the DEP advised the town to explore potential compromises. She explained that some elements initially in the official orders of conditions were moved to the memorandum. This was because they were not fully enforceable under the state statute governing conservation commissions.
Ms. Shemeth confirmed that the memo and proposed orders originated from the Trustees. She also noted that the town found no immediate issues during its initial review. "When you look at the original orders of conditions and what’s coming now, there aren’t a lot of changes," she said.
Public Hearing and Future Steps
The commission will discuss the new order and the memorandum in a public hearing. Following this, the proposals will require another vote. Ms. Shemeth anticipates a thorough discussion on the proposals. All future decisions will again be subject to appeals. "It’s democracy in action," Ms. Shemeth commented.
The Trustees mentioned their work on the memorandum at an Edgartown planning board meeting recently. The Trustees also need a special permit from the board for their buildings on Chappaquiddick. Members of the planning board expressed satisfaction with the progress made.
"I want to thank everybody involved in ironing this out…I think it’s going to be a great plan overall once we get to the end," said Mike McCourt, the chair of the planning board.
Darci Schofield, director of the Trustees’ Vineyard operations, issued a statement. She expressed pleasure in collaborating with the town on areas of concern. "We want to thank many members of Town government for their hard work and investment of time on these issues," she said. "And we look forward to our continued partnership and collaboration in the future protecting Edgartown’s special places and providing access for the community."
Resident Concerns and Legal Challenges
Not everyone shares this positive outlook. Some residents and landowners have criticized the Trustees’ management of Chappaquiddick beaches. They worry that too many vehicles could further damage the delicate landscape.
"The MOU in its current form appears to be an extremely rough draft with significant factual inaccuracies," stated Rachel Self, a Chappaquiddick attorney. She represents a group of approximately 65 people who appealed the previous limits.
Ms. Self argued that any agreement between the town and the Trustees must prioritize the protection of Chappaquiddick’s beaches. She also called for addressing concerns about the aging infrastructure of the Dike Bridge. Furthermore, she highlighted the need to prevent overburdening the ferry service to Chappy. She also requested enforcement provisions to ensure proper management of the trails.
- Protect and preserve Chappaquiddick’s beaches.
- Address concerns about the Dike Bridge infrastructure.
- Prevent overburdening the ferry to Chappy.
- Ensure enforcement of trail management rules.
"Those citizens who appealed the conservation commission’s orders of conditions did so out of a genuine concern for the natural resources of Chappaquiddick as a whole, not just Cape Pogue," Ms. Self explained. "These citizens were not merely abutters, but people from all over Chappaquiddick and Edgartown."
Ms. Self also noted that even if the town and Trustees reach an agreement, the DEP's review remains ongoing. "While a MOU between the Trustees of Reservations and the Town is a good idea, it is important to remember it is separate and apart from the appeals filed with DEP, which will still be the ultimate arbiter of the recreational activities that will be permitted on this fragile resource," she said.
Cape Pogue Lawsuit Impact
A lawsuit regarding access to Cape Pogue also influences the commission's proceedings. Victor and Dawn Colantonio, who own property on Cape Pogue, filed a lawsuit in 2022. They claim that the Trustees’ practice of selling permits for the area overburdens a shared easement.
Cape Pogue, a spit at the northern end of Chappy, includes dunes and a Trustees-owned wildlife refuge. It is considered one of Martha's Vineyard's most remote and fragile areas. The area is home to nesting shorebirds and valuable fishing spots, making it popular with birdwatchers, fishermen, and sightseers.
Mr. Colantonio believes there is not enough beach to support continued oversand vehicle passage to Cape Pogue. He also felt it was inappropriate for town attorneys and the Trustees to develop a potential proposal together. He stated his lawsuit and the Trustees' applications with the town are distinct issues. However, he does not foresee an end to the disputes anytime soon.
"My land court dispute has nothing to do with [Trustees’] troubles," he said. "Whatever resolves going forward, if anything, one thing is for sure… lots of billable hours for lawyers."
Those who enjoy driving to the area and town officials are closely monitoring the trial. "That could have a lot of impact on the next few years," Ms. Shemeth noted.
Even with these legal and regulatory processes, Chappaquiddick has been active with fishermen participating in the fishing derby. Peter Sliwkowski, owner of Larry’s Tackle in Edgartown and a founder of a beach access group, said the efforts to potentially settle the debate have lifted spirits.
"We’re not fighting for OSV access because we think driving on the beach is great. It’s the only practical access," he explained. "It’s a fundamental part of the derby’s attendance as well as culture and history."
