Vigorous environmental protection for five ancient ways will be the central issue at an Edgartown special town meeting set for next Thursday.
The meeting begins at 7 p.m. in the Old Whaling Church; moderator Philip J. Norton Jr. will preside over the session.
If approved by voters, the proposed bylaw will be the final substantive step in a three-year battle to protect the ways from development by including them in Island Roads district of critical planning concern (DCPC). A sixth byway, the Dr. Fisher Road, which has been under DCPC protection since 2000, also appears in the proposed revision.
The trail that has led to the town meeting article is dramatic. Last summer the Martha’s Vineyard Commission voted to nominate portions of Ben Tom’s Road, Middle Line Path, Pennywise Path, Tar Kin Path and Watcha Path for inclusion in the Island Roads DCPC.
The vote triggered a process that includes an automatic moratorium on development in and around the paths.
Then last fall, an Edgartown family with almost 100 acres of property through which several of the ancient paths cross, took chain saws to trees along several of the paths cutting through their land.
Apparently contravening the moratorium, the Hall family did cutting along the Middle Line and Watcha Paths. The town went to court and obtained a restraining order, followed by a request for an injunction which remains pending.
The Halls oppose the injunction and say that there was no violation because cutting trees requires no development permit.
Meanwhile, the town bylaw which includes detailed regulations for protecting the ancient ways, has been moving forward and is now set for a town vote.
The bylaw is rigorous and would strictly limit development on the paths and provide a setback of 20 feet on either side. It includes several clauses aimed at preserving the character of the ways, and would prohibit removal of vegetation within the special way zone. It also includes rules against building fences, fills, walls and other structures on or around the paths.
The paths date back to the 1600s and 1700s when it is believed they were used as cart paths. Historians believe the paths trace those previously established by native Wampanoags.
Robert Green, a member of the Edgartown byways committee and a vocal advocate for protecting the paths, said the regulations are an attempt to make something palatable for everyone. “We’re trying to protect the paths and not infringe on the rights of those who live in the area,” he said yesterday by telephone. “People will know where they stand.”
Edgartown is the only Island town with an active byways committee, though Mr. Green hopes that these ways, several of which stretch across several towns, will eventually include similar regulations. “It would be great to recreate the trails that run across the whole Island. Though there are a lot of private property issues,” he said, adding that he hopes voters turn out for the meeting.
“It’s hard to get people out on a March weeknight, but we really want people to get out and vote for this,” Mr. Green said.
The special town meeting warrant also asks voters to approve $130,000 from a mixture of free cash and an insurance reserve fund to provide enough cash flow to restore the town library following a furnace puff-back incident where much of the library was covered in an oily vapor. The accident caused potential damage to artwork, computers, books and upholstery.
A protracted insurance claim, complicated by the Boston insurance agency Massamont, which has insisted on repeat evaluations of the property and continues to dispute the scale of the restoration job, has left the library operating out of temporary digs in the selectmen’s meeting room in town hall, working with only with newly bought stock and returns.
Massamont insurers have sent a $75,000 check to the town but voters must approve the expenditure before work can begin.
The two articles, recommended by the financial advisory committee, will provide the library with the funds to begin repairs while negotiations with the insurers continue, with the aim of getting the library reopened as soon as possible and minimizing any potential damage to the contents of the library.
“I feel we’ve been taken advantage of a bit,” said library director Felicia Cheney early this week, “but maybe not. I fully expect to cover the $130,000 with the insurers and probably more than that, since it doesn’t even begin to cover things like replacing the rug.”
If the articles are approved, Ms. Cheney plans to begin work as soon as possible.
“If we get quorum and the town votes in favor on Thursday night, I’ve told [the cleaning agency] Munters they should start work on Friday morning,” she said.
Three articles submitted by county commissioners ask Edgartown to contribute property tax money to nonmandatory programs which they feel they can no longer afford. Edgartown will be the first town to vote on these articles, which ask the town to pay a portion of 50 per cent of the funding for Vineyard Health Care Access Program, a portion of 50 per cent of the pest control program and a portion of 100 per cent of the funding for the county engineer program.
The Edgartown financial advisory committee recommends a no vote on the $23,000 for the engineering program and $9,000 for the pest management program, but recommends that voters approve a $15,000 share toward the health care access program.
Three articles submitted by county commissioners ask Edgartown to contribute property tax money to nonmandatory programs which they feel they can no longer afford. Edgartown will be the first town to vote on these articles, which ask the town to pay a portion of 50 per cent of the funding for Vineyard Health Care Access Program, a portion of 50 per cent of the pest control program and a portion of 100 per cent of the funding for the county engineer program.
The Edgartown financial advisory committee recommends a no vote on the $23,000 for the engineering program and $9,000 for the pest management program, but recommends that voters approve a $15,000 share toward the health care access program.
In other warrant requests the peace council has asked Edgartown to help end the war in Iraq by approving a resolution, copies of which, if approved by voters next Thursday, will be sent to Sens. John Kerry, Edward M. Kennedy and Harry Reid, and Reps. Nancy Pelosi and William Delahunt. It will also be posted to president George W. Bush.
The resolution — also set to appear on town warrants for Vineyard Haven and Aquinnah — is being put to towns across the country and calls for the Senate to halt spending on the Iraq war effort, beyond the funds necessary to bring troops home quickly and safely.
Chris Fried, a Tisbury resident and member of the Martha’s Vineyard Peace Council established in 1965 in response to the Viet Nam war, said the resolution is important. “We believe most Vineyard residents don’t want to keep spending money, damaging every aspect of our lives,” he said by telephone this week, “We’re becoming more in debt to other countries, in a recession period, for a war which is clearly not working.”
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