The town of Oak Bluffs has reached an agreement with an Eastville homeowner who in October sued the town over an aquaculture venture near his home.
Jacob H. Ludwig 3rd appealed the award of a shellfish license to novice fishermen Dan and Greg Martino last fall, claiming that the town failed to conduct a comprehensive review of the project and violated due process.
But now he’s agreed to drop his suit if all parties agreed to a list of conditions designed to limit the impact of the oyster farm on his neighborhood.
Selectmen signed off on the conditions last week.
The two-acre oyster farm, which the Martinos are calling Cottage City Oysters, is located near the Vineyard Haven drawbridge in an area that has not seen aquaculture before.
According to the conditions, the Martinos must conduct all work at the farm between 9 a.m. and 7:30 p.m., refrain from using chemicals or additives while cleaning cages, and remove debris in the event of an accident or a storm, among other stipulations.
The abutter, Mr. Ludwig, lives at 43 Beach Road, a property which borders Eastville Beach. He is a co-owner of the property with Patricia Ludwig, Wendy Ludwig and Amy Ludwig, according his appeal.
Among other missteps, his original complaint said the town denied him his right to counsel, when, despite requests from Mr. Ludwig’s attorneys to postpone a hearing on the shellfish application, the hearing was not rescheduled. It also says the Martinos did not notify him of the application the requisite 10 days before the first public hearing.
In response, the town filed a motion in early December asking the court to dismiss the complaint, arguing that the abutter did not demonstrate substantial injury to his legal rights.
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