A popular weekly music night is allowed to continue after the West Tisbury zoning board of appeals overturned a town cease and desist order this week.  

Brad Tucker, owner of Radio Farm, had been ordered to stop his weekly “Music Monday” events at the State Road farm by town building inspector Joe Tierney. Mr. Tierney issued a cease and desist on Aug. 2, saying incidental uses such as private events are only allowed once a year under the zoning bylaws.

On Aug. 16, Mr. Tucker appealed the order, saying there is no clear definition of an event in the town regulations. 

The zoning board of appeals unanimously overturned the building inspector’s decision at its meeting Thursday, saying the event didn’t appear to be violating any bylaws. 

Board members said the current zoning isn’t clear on what type of events can or can’t be held on private properties in town and how often these events can happen, making the board hesitant to uphold the cease and desist.

“I think it’s a bad idea to overturn the zoning inspector but if overturning the zoning inspector drives the community to try and make a comprehensive list, to make a new bylaw, to deal with this gray area, to make it clear what the events are...[I’ll do it],” chair Lawrence Schubert said. 

The majority of the zoning board discussion was focused on the lack of clarity in zoning bylaws regarding events, which had been previously looked at by the town.  

“I really feel for Joe, because we have failed him to provide the tools that make sense,” board member Deborah Wells said. “I have no idea what an event is not, because you have to be able to define it by saying what it is and what it is not, and I can’t answer both of those questions.” 

Mr. Tierney said he acted based on evaluation of complaints by neighbors.  

“Right now, I do zoning by complaint, because I don’t have the staff,” he said. “I get a complaint, I evaluate it and determine if I have to take action or not.” 

Supporters of the event said the gatherings brought the community together and Mr. Tierney's ruling should be overturned

“I can tell you that what happens at Radio Farm is meaningful to me,” West Tisbury resident Chrissy Kinsman said. “It’s a gathering place for local community to come together.”

Future compromises were also brought up by the public, including more notice and organization for these kinds of gatherings.  

“The Island has moved to a different spot and predictability and accommodation is possible, but only in a predictable environment,” singer-songwriter Livingston Taylor said. “That’s what I would suggest to Brad, and I would suggest to the town, is figure out a way to get things predictable and then inform your neighbors about that.” 

Mr. Tucker didn't say Thursday what his plan for music night is going forward, but told the board the evenings of music were meant to be a fun community get-together. 

“I just want to be very clear that this was very much so intended as a community enriching [event], just a fun reason for us to get together, friends and family,” Mr. Tucker said. “I’m here before you folks with respect to your job and your decisions.”