For what is believed to be the first time in its 45-year history, the Martha’s Vineyard Commission held a public hearing on Thursday with no applicant present.
“I don’t relish this,” said MVC executive director Adam Turner, as he opened a hearing Thursday on the Wampanoag tribe’s planned bingo hall in Aquinnah. “But here we are.”
After receiving referrals from the towns of Aquinnah and Chilmark earlier this spring, the commission has decided to move forward with its review of the tribe’s class II gaming facility despite the tribe’s assertion that it won’t participate in the process.
According to Mr. Turner, the commission informed the tribe in early May that it would review the project as a development of regional impact. After initially not hearing from the tribe, the commission received a letter on May 18 from the tribe’s attorney, Scott Crowell, requesting they hold off on the review process until litigation between the town and tribe in federal court is complete, and that the tribe would otherwise not participate. On Thursday, Mr. Turner said he would have held off had the tribe committed to halting their building process — a commitment he said was never made.
That led to an eerie, and at times dramatic scene on Thursday evening. After many commissioners expressed confusion about the efficacy of reviewing a project about which little is known, a single town official rose to urge the commission to proceed with the review.
Jeffrey Madison, who grew up in Aquinnah and now serves as its town administrator, told commissioners that he did not question the tribe’s right to pursue a gaming facility, but wants to be sure it is done in the best way possible, for all concerned.
“The town of Aquinnah has no objection to the tribe proceeding with the development of a class II gaming facility on its lands in Aquinnah. That’s settled law, it’s water over the bridge,” Mr. Madison said. “What we are concerned about — and forgive me for saying we — because I find myself in a very unique situation here.
“We, coming from my voice, could mean the tribe, because I am a tribal member,” he continued. “We could mean a member of the Aquinnah community, where I was born and brought up and raised my family and ran businesses for 60 years of my life. We could mean the legal community, of which I am a licensed attorney and licensed to practice in the state of Massachusetts. And we could mean the Aquinnah government, of which I am party to as town administrator. So we, coming from me, in the course of my remarks to you, means the Aquinnah, year-round governmental entity.”
“We have received no information on what the tribe is doing. Period,” he said.
In the oengthy, impassioned speech, Mr. Madison continued by saying that all he knew of the project was that the tribe used heavy machinery to clear land back in February, cycling trucks through the town’s narrow, winding roads for about eight hours a day, and, in his words, “denuding” four acres of “virgin land.” Mr. Madison felt that fact alone was an example of the town’s concerns with the project.
“I bring this up because what we are concerned about is that this development take place in a matter that is sensitive to public safety and the environmental concerns of our community,” he said. “We just want dialogue.”
Mr. Turner began the hearing by sharing what little the commission knew, information mainly gleaned from tribal press releases, reports in the press, and a meeting held between members of the commission and a delegation from the tribe back in March. He said the tribe confirmed the construction of a 10,000-square-foot, sprung construction facility, with approximately 250 electronic games. He said the tribe confirmed it would be a “neutral” color, would not be open 24 hours straight, open in the fall, employ around 100 workers, and that the entry and exit for the facility would be on Black Brook Road, not State Road.
Everything else remains a mystery, he said.
“Parking is unknown, traffic impact is unknown, the public safety is unknown. That’s pretty much what we know,” Mr. Turner said.
He clarified that the commission only wanted to look at the impacts and effects of the proposed facility, and did not question the tribe’s right to pursue class II gaming.
“That’s not why we’re here. We’re here to look at some of the impacts,” Mr. Turner said. “What would something of this size do to the character and nature of the Island?”
In his remarks, Mr. Madison also had more questions than answers. He said he did not know who would respond to fire, EMT, and other public safety requests with regard to the facility. He said he did not know whether the tribe would ask for a beer and wine license. He said he did not even know what exactly the town was referring to the commission because the tribe hadn’t made their plans available.
But there was one thing he did know.
“The tribe has a right to do it here. All we ask is that it be done appropriately,” Mr. Madison said. “I don’t want to stop my tribe. I don’t want to be party to stopping my people from doing what they have every right to do . . . But my soul is crying when I see the actions that they are taking when disregarding this political body and the Gay Head community. And I am deliberately saying Gay Head this time.”
After Mr. Madison concluded his remarks, a few commissioners who were initially skeptical about reviewing the project thanked Mr. Madison for his words.
“You really changed my mind on this,” commissioner Clarence (Trip) Barnes 3rd said. “Thank you for coming up.”
Even so, the commission, citing a lack of hard information about the project, said there was little they could do at the moment.
“We are working with virtually no official information,” said chairman Doug Sederholm. “It would appear to me that we do not have sufficient information to approve it, or condition it, or do anything with it at this time.”
Commissioners decided to keep the public hearing open for two weeks, hoping they could receive further input from the tribe. Mr. Sederholm said that were the tribe to restart construction, or decide to participate in the process, the commission would consider other paths forward.
“Right now there is no significant activity occurring over there,” said Mr. Sederholm. “By waiting, we’ve given them one more chance to play ball.”
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