The town of Edgartown and the Martha’s Vineyard Commission won a major land use victory this week when the Massachusetts Court of Appeals ruled that they have wide latitude to restrict development on ancient ways. The ruling overturns an earlier superior court decision in the Hall family case against the town.
The Massachusetts Appeals Court has solidly backed the town of West Tisbury in its ongoing effort to keep Rogers Path, an ancient way that leads to a Civil War-era cemetery in the North Tisbury section of town, open for public use.
A longstanding effort by the town of Edgartown to protect five ancient byways suffered a setback last week when a superior court judge sent a district of critical planning concern (DCPC) designation back to the Martha’s Vineyard Commission for another review.
The five paths are Middle Line Road, Ben Tom’s Road, Pennywise Path, Watcha Path and Tar Kiln Road. Their use as cart paths and byways dates to Colonial times, and in 2007 the commission approved a town-sponsored initiative to designate them as special ways under the Island Road District DCPC.
A group of neighbors is appealing a recent superior court decision that Rogers Path in West Tisbury — an ancient way once used by Wampanoags and as a cart path by English colonials — must remain open for public use.
In a decision that helps cement the ongoing efforts of Island towns and conservation groups to protect the ancient ways that crisscross the Vineyard like so many strands of history, a superior court judge ruled yesterday that Rogers Path in West Tisbury is open for public use.
“The public has the right to use the entire length and width of the way,” wrote the Hon. C. Brian McDonald, an associate justice of the superior court.
Vigorous environmental protection, in the form of a revised bylaw, was approved for five ancient ways by a throng of voters in Edgartown’s Old Whaling Church last night.
The popular vote was not swayed by the impassioned and sustained pleas of several members of the Hall family, whose 74 acres of property is crossed by several of the paths. Voters approved the bylaw by a margin of 199 to 47.
