Concerned residents gave the Edgartown planning board an earful last week about an upcoming project to upgrade an ancient way in Katama. The planning board took note of the complaints but said they have no authority on the decision making process, as it will be up to the select board.

The town is seeking to improve public access to Swimming Place Path, a nearly 350-year-old trail that connects Herring Creek Road and the Road to the Plains. At issue is ownership of the path. At one point it was believed the town owned the land, which is why the select board assigned the project to the planning board for review.

However, a report published on July 11 by local law firm Reynolds, Rappaport, Kaplan & Hackney revealed that the land belongs to the private landowners and an Edgartown Homeowners association, but the trail remains in the public domain.

“It’s going to be a complicated procedure, and when we started this, we had the assumption that it was town-owned land,” said planning board chair Lucy Morrison at the Oct. 22 meeting. “That’s now not the case and so it’s absolutely now back to the select board because the planning board cannot assert historic public access rights over private property. We didn’t know that when we had that [select board meeting on June 3].”

Abutters wanted to have their say regardless.

“With all due respect... there has been no clarity on decision making at all,” said Beverly Stotz, who has led a group of roughly 30 abutters. “I think we all have a right to know what is the decision making process, who will make the decision, when will that happen and we need to do this in a more consistent and transparent way.”

Rick Brody, who lives on Schoolhouse Road where the path would run through his backyard, felt that the public had not been fully informed about the project and the question of ownership. He  brought up the original planning board application for Community Preservation Act funds as an example.

The application called for “at least two public information sessions in order to inform town residents and local abutters of the work to be completed, and respond to any questions or concerns that may arise.” The meetings were projected to occur in June of 2022. Mr. Brody said those meetings never happened.

“I know of no abutter or owner of any of the property who received any such invitation or notice from the [Community Preservation Committee], nor from the ensuing town meeting,” Mr. Brody said. “The town apparently voted to do the project prior to giving notice to the owners and abutters that the project was being considered.”

Abutters also raised concerns about potential environmental impacts. 

Bill Veno, the trail planner for the Martha’s Vineyard Land Bank, which has been aiding the town with the project, said it would be possible to re-establish the path by narrowly weaving it between trees to avoid their removal. Most abutters disagreed. 

Jenny George, whose property sits along the path, said there is no way the path could avoid the trees. She also said that property owners, concerned for their privacy, will be forced to put up fences that would contribute to the destruction of the land’s natural setting. 

Ms. Stotz added that Mr. Veno’s communication about the re-establishment plans have changed over time, and said she and other landowners have a right to know precisely what will happen before the project is approved.

“There have been so many changes to [Mr. Veno’s] proposal, surface, gravel, paved, width of the path, trees coming down, etc.,” Ms. Stotz said. “I think it would be appropriate for you to now put in writing before any decision can be made on what it is that we’re talking about.”

Only one member of the public spoke in favor of the path. Kara Shemeth, who had served on the byways committee when it was still active, said ancient ways are important for preserving the Island’s history.

“I can appreciate everybody’s hesitancy about the path, but at the end of the day we are losing these ancient ways and public access and trails,” Ms. Shemeth said. “If this path were to go in, it wouldn’t be a highway, you just have a couple people once in a while.”

The planning board voted to continue the hearing on Nov. 19 at 5 p.m.