Edgartown officials took a significant step forward to maintain oversand vehicle access on Chappaquiddick beaches amid the years-long and litigious conflict.
On Wednesday, the Edgartown conservation commission unanimously approved an order of conditions determining how the Trustees of Reservations could manage its Chappaquiddick properties on Wasque Reservation, Cape Poge, East Beach, and Leland Beach — popular locations for fishing and other recreation.
A key aspect of the conditions was the number of oversand vehicles, or OSVs, that would be allowed onto Trustees-managed beaches. From Tom’s Neck to Cape Poge Lighthouse, up to 275 OSVs will be allowed at any given time. Vehicle access will not be allowed past 43 Lighthouse Road, which is farther north than what has been accessible. Several properties not owned by the Trustees on Road to the Gut and Shear Pin Lane were also approved as passageways for OSVs.
This is a jump from the 230 OSVs that were approved in May 2024, a decision that was appealed by both the Trustees and a group of Cape Poge property owners.
Following the commission’s decision, Vineyard beach access advocates celebrated the news.
“This is a major achievement on the part of the town and the Trustees,” Chris Kennedy, former Trustees superintendent on the Island and a consultant for Martha’s Vineyard Beachgoers Access Group, wrote in an online post.
While Wednesday’s commission ruling supports an overall plan for the area, the issue is still undergoing review by the state.
Kara Shemeth, Edgartown conservation agent, told The Times the order of conditions still needs to be reviewed by the Massachusetts Department of Environmental Protection before it can be enacted. However, how these orders play out will also depend on a pending ruling of a Massachusetts Land Court lawsuit between the Trustees and private land owners on Cape Poge.
Before the ruling, the Trustees had been working off a placeholder order of conditions from 2023 to manage their Chappaquiddick properties, which allowed OSV access from Leland Beach to the jetties.
“This is just a continuation of having the Trustees manage according to the conditions,” Geoffrey Kontje, conservation commissioner, said.
On Cape Poge, allowing OSV access has long been a controversial matter. Beach access advocates have called for the preservation of historic routes, particularly to allow children and older adults to enjoy the beaches without walking on long stretches of sand. Private landowners have argued that the vehicles detrimentally impact an environment already hit by rising sea levels, and have complained that some visitors have trespassed on their properties.
The commission’s decision follows lengthy deliberation and more than 180 public comments from residents.
Aside from vehicle access, the order of conditions lays out other aspects of management on Chappy, including signage, ways of protecting shorebirds, and requirements for reporting to the conservation commission.
While going over each section of the orders, some participants on Wednesday — such as Edgartown planning board member Julia Livingston — highlighted a need to be clear on terminology. The commission also received pushback on the proposed conditions, with some Cape Poge residents wary of the higher number of OSVs under consideration. George Mellendick, a Chappaquiddick resident, remarked on the erosion at the beaches, and questioned how so many cars would be able to drive past people visiting the area. Several residents expressed concerns about visitors damaging the environment while driving through the area, and many worried about trespassers.
Rachel Self, an attorney and Cape Poge property owner, objected to the hearing being reopened when a state review of the appeals was still underway. She also accused the commission of backroom dealings. “The lack of transparency leading up to this meeting reeks of smoke-filled backrooms,” said Self.
A few meeting attendees voiced support of the proposed conditions. Ross Kessler, public access coordinator with the Massachusetts Division of Marine Fisheries, said the Trustees have managed at smaller vehicle capacities on their properties when needed, based on factors like shorebird conservation guidelines. “This is something we’ve been in favor of from the beginning,” Kessler said.
Richard Thompson, a Vineyard beach access advocate, pushed back on the objections to the proposed allowed number of OSVs, underscoring the Trustees would be “dynamically adjusting” based on erosion and other environmental considerations. “It doesn’t mean we’re trying to fill up the beaches with 275 cars each day,” Thompson said. “This is a nonsensical assumption.”
I’m honestly a bit confused by Rachel Self’s comments suggesting that the Town of Edgartown and the Trustees of Reservations somehow “can’t” reach an agreement while an appeal is pending. That’s not how administrative or legal proceedings normally work. Parties settle cases in the middle of appeals all the time — in Land Court, DEP matters, and other court proceeding.
In this case, the Town and the Trustees simply reached common ground on the terms for managing access — and then, as required, sent that agreement to the DEP for review. DEP still has full authority to approve or modify it, and Rachel’s separate citizen appeal remains entirely intact.
So it’s not clear what “rule” she’s referring to that would prevent parties from doing what’s both normal and sensible: trying to find a workable solution while still allowing other appeals to proceed.
A big thank you to Edgartown town officials for completing such an exhaustive process of deliberations, public meetings and evaluation of hundreds of public comments over the last three years. The abundance of transparency in the process leading up to this meeting is appreciated by all stakeholders. The Island community now has a framework to proceed with common sense and common courtesy.