Edgartown replies to Simpson Lane lawsuit threat

Selectmen said some of those complaining had rebuilt or expanded their properties, exacerbating the congestion problem.

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Cars waited in line for the Chappy Ferry last June. – MV Times

Meeting briefly Monday, selectmen granted a change in the liquor licenses of Behind the Bookstore and Isola to accommodate all alcoholic beverages. Selectmen also accepted the resignation of Katama Airfield commission member Jim Harrison. Selectman Arthur Smadbeck moved that the board accept the resignation, and “send a letter of thanks for all his years of service.” Mr. Harrison was on the commission for approximately 20 years.

At the end of the meeting, the selectmen went into executive session to discuss pending litigation.

Last week, selectmen Margaret E. Serpa and Arthur Smadbeck signed off on a written response to a letter from lawyer Ellen Kaplan of the Kaplan & Nichols law firm in Edgartown, dated Nov. 12, 2015, threatening a lawsuit on behalf of seven property owners if the town did not adequately resolve her clients’ complaints about vehicles staging for the Chappy Ferry along Simpson’s Lane within six months.

In her three-page letter, Ms. Kaplan outlined measures the town had agreed to take to mitigate the effects of the waiting line that included signs instructing vehicle drivers to turn off their engines and not block driveways. She said drivers routinely ignore the signs, and when a police officer is present, “the officer does not, however, consistently enforce the rules stated in the signage and road markings.”

She said the vehicles waiting to access “the privately owned and operated ferry” block driveways and the street; deny property owners the ability to come and go; prohibit the delivery of goods and services; and interfere with guests and emergency vehicles. “Allowing ferry staging on Simpson’s Lane creates a substantial interference with the use and enjoyment of the private properties by our clients and constitutes a taking,” she said.

Ms. Kaplan wrote the letter on behalf of: Dudley Cannada and R. Russell Bridges, 50 and 44 North Water Street; Liza and Fred Murrell, 16 Simpson’s Lane; Jonathan Chatinover and Beth O’Connor, 30 Simpson’s Lane; Todd and Christen Bremner, 38 Simpson’s Lane; John Chirgwin, 25 and 37 Simpson’s Lane; Benjamin Hall, 15 Simpson’s Lane, and MV35, LLC, 26 Simpson’s Lane.

In a letter dated April 20, selectmen responded, point by point. They said that selectmen and the police chief “have taken numerous steps, within the limit of our legal ability, to address public safety issues on the crowded and narrow streets in downtown Edgartown.”

As a specific example they cited the board’s vigorous opposition to the efforts of another of Ms. Kaplan’s clients, Martha’s Vineyard Transport, LLC, to provide sightseeing services on routes in downtown Edgartown.

The selectmen said the issue of staging vehicles for the ferry has been discussed by “various boards of selectmen in numerous public meetings for approximately 30 years.”

“As you well might imagine,” selectmen said, “each alternate staging location presents benefits and detriments.” Selectmen outlined the measures they had taken to mitigate the effects of staging cars on Simpson’s Lane in 2015, and highlighted new measures in 2016, which include increased video monitoring and giving traffic officers increased powers of arrest.

“We continue to believe that an alternate staging area would be more detrimental, in terms of public safety, than the system currently in place,” selectmen said. “We are also constrained to note that several of your clients have rebuilt or expanded their houses or widened their driveways, which has the unintended effect of increasing traffic on Simpson’s Lane.”

Selectmen said they remain open to constructive solutions, but they “emphatically reject any claim that the town has permitted or allowed a public nuisance, or a taking of any private property rights on Simpson’s Lane.”