Updated May 14
The Trustees of Reservations is suing a group of Cape Poge property owners in order to eliminate a barrier to a conservation area that is restricting its ability to monitor endangered wildlife.
The Trustees filed a lawsuit in Massachusetts Land Court on Tuesday requesting a gate it said was built by Chappy landowners to be removed or unlocked, to allow it access to a trail called Road to the Gut at its Cape Poge Wildlife Refuge in Edgartown.
In a press release issued Tuesday, the Trustees stated that the gate is preventing it from “performing critical work protecting and monitoring rare and endangered species” in the area.
It says the locked gate — a single chain with a padlock connected to two wooden posts — was installed in March, and is blocking what is often “the only reliable route” to properties it owns west of the gate. The nonprofit’s officials say they turned to the courts after weeks of repeated requests to Cape Poge residents to take action.
Edward B. Self Jr., Judith Self Murphy, Jay K. Osler III, Erin O. Michaud, and Mark S. Osler are listed as defendants.
“This unlawful situation obstructs Trustees staff from monitoring critically endangered wildlife and land we conserve for the public good on the Cape Poge Wildlife Refuge,” Katie Theoharides, president and CEO of the Trustees, said in Tuesday’s release. “We take seriously our obligations under local, state, and federal law to manage these properties, and protect and monitor the rare and endangered species that nest in the refuge, and we will work to ensure that access to this critical habitat is restored.”
The defendants could not be immediately reached for comment.
There have long been disputes over land ownership and access between the Trustees and private property owners on Cape Poge, but the conservation organization says it has “freely used the trail for decades,” and that access to the trail was granted by an 1891 court-ordered partition, which they say was affirmed in Land Court in 2022.
“For 60 years, the Trustees has stewarded this special place to protect the critically endangered habitat and wildlife that thrive here, and to welcome the public and help them experience this beautiful landscape,” Theoharides said in the release. “We will continue to take all measures necessary to ensure we can fulfill our mission to conserve and provide public access for everyone to these spectacularly wild and scenic beaches.”
Mary Dettloff, Trustees spokesperson, declined to comment beyond the press release “until the case is decided by the Massachusetts Land Court.”
Martha’s Vineyard Beachgoers Access Group, a local advocacy group, voiced its concern over the blocking of pathways to species like nesting piping plovers, an endangered species in the state, and is urging Vineyard regulatory bodies to support the Trustees.
“This is not just about beach access — it’s deliberate interference with federally protected wildlife management,” Peter Sliwkowski, president of MVBAG, said in a press release. “These actions threaten not only the legal rights of the Trustees, but the survival of one of the region’s most vulnerable shorebirds.”
The group also says the blocking of the path could “raise red flags” under the federal and state Endangered Species Acts.
“Cape [Poge] is one of the Island’s most sensitive ecological areas,” Chris Kennedy, former regional superintendent for the Trustees and a member of MVBAG, said in the release. “Undermining environmental protection to push a private agenda is not only irresponsible — it’s unlawful.”
Updated with photos of the gate from the Trustees of Reservations.
NIMBY entitled…
Cut the lock
As an islander, who just likes to use the beach and go fishing. It seems everyone in this conflict is against me.
The intention of those who invited the Trustees to Chappaquiddick (spearheaded by my Grandfather, Foster Silva) was for conservation and recreational access. It’s a little late to “pee a line in the sand” – the private owners have always been aware. MVBAG and the Trustees have their issues with each other, the private owners have their issues with MVBAG and The Trustees – let’s get back to basics folks – none of it would be there without the original intention of the original land owners that donated their land to the Trustees to begin with. It’s turning into the Poge Triangle. Bob Murphy, I feel you.
The Cape Poge residents have to drive across trails on Trustees property to get to these houses. Unless and until this is settled in court, I hope the Trustees can block that access. Meanwhile, I have a pair of heavy duty bolt cutters I’d be happy to lend.
The AG office can file an adverse public access claim showing the public has used this access for 20 years. 3 qualifications must be met
This select group of Cape Poge landowners continues to perplex the public. This latest outrageous action is at once brazen and cowardly. Brazen in its shameless flaunting of established law (Judge Speicher of the Massachusetts Land Court denied a motion by one of these landowners to restrict public access in May 2022). Cowardly in its execution of a clandestine “midnight construction project” that the builders could not be bothered to justify. If you are going to trample on public rights and federal wildlife protection, you could at least extend to us the courtesy of a disingenuous explanation. But alas, the citizens of the Island have once again overestimated your honor and neighborly spirit.
If Chappy is gonna be closed, close the access across Trustees land to the homeowners. Access by helicopter only.
The letter from the “defendants” today in the Times seems to answer your request for a disingenuous ex[lanation.
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