The town is seeking to improve public access to Swimming Place Path, a nearly 350-year-old trail that connects Herring Creek Road and the Road to the Plains. The ancient way was first recorded in Edgartown records in 1675.
Edgartown residents expressed concern for their privacy after a plan to reestablish an ancient way in Katama was proposed to the planning board last week.
The town is seeking to improve public access to Swimming Place Path, a nearly 350-year-old trail that connects Herring Creek Road and the Road to the Plains. The ancient way was first recorded in Edgartown records in 1675, according to a report from the town and Martha's Vineyard Land Bank attorneys.
The path was traditionally used by farmers along Edgartown Great Pond. Farmers would take their livestock along the path to get to an area known as Swimming Place, and then have their animals swim across Katama Bay to Chappaquiddick.
The path has since been largely forgotten, and the Edgartown Estates subdivision owned most of the corridor that contained the path.
At the Edgartown town meeting in 2022, voters approved appropriating $64,000 in Community Preservation Act funds to create a gravel shared-use path to make the ancient way accessible to the public once again.
The Martha’s Vineyard Land Bank has been assisting the town with the project, and Bill Veno, the trail planner for the land bank, said the vote was taken with an understanding that the town owned the land the path sits on.
A title examination conducted by the land bank's lawyers in July found that the land belongs to the private landowners, chief among them the Edgartown Estates Homeowners Association, but that the trail remains in the public domain.
“Even though it’s privately owned, there is still a public right to it,” said Mr. Veno.
At the hearing on Tuesday, Beverly Stotz, who lives on Schoolhouse Road and has the path running through her backyard, said she and her neighbors are concerned the path will invade their privacy.
Ms. Stotz is leading a group of roughly 30 abutters that is calling on the town to halt the project.
“It’s a development project to reroute, to recreate, to rebuild a path, and it seems to have not so much to do with preservation of what’s there today,” Ms. Stotz said.
She presented photos that showed tarps that the neighbors had laid out, signifying where the path would be. Ms. Stotz wanted to give the planning board a visual of how close the path would be to neighbors’ houses.
“If the proposal were to be approved and the path would be rerouted, it would literally be three or four feet from the edge of this property line… which happens to be my house,” Ms. Stotz said.
Another abutter, Dorothy Gunderson, who has lived on the Island for 60 years, said she’s particularly concerned the path will inhibit residents’ safety.
“...Feeling safe in our homes, means when we look out our kitchen window, there’s not a stranger standing and staring back at us, because now he can,” Ms. Gunderson said.
Jerry Twomey and his wife Sandra Kersey said they are concerned about the environmental impact of the project.
“This area connects wildlife populations that are already separated by human activity,” Mr. Twomey said. “...These corridors allow wildlife to move between our habitats, which help with food and shelter needs. How many trees will need to be destroyed to create the path and accommodate fencing, and how many surrounding older trees will need to be destroyed because homeowners will suddenly be worried that they could fall in a storm and injure someone on the path.”
Ms. Stotz also noted that it would be difficult for EMS to reach the public if there were an accident on the trail. She said there is no public parking near the trail, and the path could encourage illegal parking.
Some Edgartown residents have voiced support for the project in letters to the planning board.
“I believe it is vitally important to protect the old pathways and ancient ways from encroachment and suburban development,” wrote Robin Bray. “These paths and old roads are part of our Island’s history and once gone are lost forever.”
The planning board agreed to continue the hearing to the Oct. 22 meeting and scheduled a site visit that same day.
Comments
"the trail remains in the
JTJT"the trail remains in the public domain."
Keep it that way - please!
What do you mean, the trail
LslsWhat do you mean, the trail remains in the public domain?
+1
John Battelle OAK BLUFFS+1
Please allow continued public
Jill KatamaPlease allow continued public access to this wonderful area.
Whose wonderful area? Someone
David millerWhose wonderful area? Someone’s backyard? Did you even k is it was there, ever?
Stand up against all the
Tom Engley West TisburyStand up against all the ridiculous building going up all over the island. (VV for sale). Ancient ways are important if it wasn’t for all the different tics I’d be on them all the time. If you have had your privacy for 60 years consider your self lucky. Fight against homelessness not this this pales in comparison to every other crisis we endure.
I can certainly understand
Mark F Hardy Oak BluffsI can certainly understand historic restoration. But abutters equally have a say.
Does everything need to be brought to where it was cenruries ago? Are there
alternatives? Could it be limited to guided tours? There is new technology in the 21st century. Maybe webcams. Much of are lives are virtual today, why not this?
Tell me, how am I going to
Ryan East FalmouthTell me, how am I going to VIRTUALLY enjoy a swimming pond?
THERE IS NO SWIMMING POND!!!!
OB Resident Oak BluffsTHERE IS NO SWIMMING POND!!!!!! Read the article.
Let it grow in. Why do we
Jon EdgartownLet it grow in. Why do we need a “cut through” The island needs LESS destruction.
Open it up! The abutters can
R Scott Patterson EdgartownOpen it up! The abutters can pound sand! They should have done a bit more research before they bought, their ignorance is their problem not the towns.
People should have known this
Charlie Callahan So Boston/EdgartownPeople should have known this was public property when they bought their multi million dollar homes. I doubt that the people who use it are gonna cause problems.
Read the article. It is
OB Resident Oak BluffsRead the article. It is private property.
In 1675 they did not have
Just Saying MVIIn 1675 they did not have PAVED Shared Use Paths !
No one said paved, they said
Ryan Federschneider East FalmouthNo one said paved, they said Gravel, which is what they would have done in the 17th century.
Listen to the people that
gary vineyard havenListen to the people that live there now. What is the point of opening a trail that hasn't seen a footstep for hundreds of years and goes essentially no where? Restoration of things is a good idea in theory, but the real world impacts on the people and animals that live there should take precedence.
When people purchase property
Elizabeth EdgartownWhen people purchase property they should know about abutters, easements, and public use. To buy property, enjoy the benefits of being near the Ancient Way then claim it as their own is a land grab by a couple of owers to the detrement of many others. It is cultural appropriation at its worst.
Doesn't the article say the
tom BostonDoesn't the article say the land belongs to the homeowners? So not really a land grab. And how on earth is this a "cultural appropriation?"
To be clear. Currently there
OB Resident Oak BluffsTo be clear. Currently there is no path or ancient way existing on this private property. The town would like to cut a swath through the existing vegetation to recreate a path approximately where the ancient way once existed. The path would lead essentially from nowhere to nowhere. The public would gain almost no benefit from recreating the path. A simple plaque noting the historic nature of the area would suffice and surely save the town a ton of money in legal fees from lawsuits arising from the destruction of private property.
So you think all hiking
Ryan East FalmouthSo you think all hiking trails are pointless? Most go nowhere. And a lot are a few feet from private properties. Why are these people so special that an access path that's been around for 350 years should stop existing?
This path from nowhere to
Frank Katama/WindsorThis path from nowhere to nowhere hasn’t been used or maintained for centuries. Now it needs to be re -blazed?
It seems leaving it as is makes more sense for the environment and neighbors.
First off you're all correct.
Compromise Vineyard havenFirst off you're all correct. Stop the building, encroachment and yes it's public etc. .etc..
Compromise.
Mark this path with stone markers and a plaque that tells the story of this "cool" ancient way. Put up signs that talk about respect the natural environment and the residents that live close by.
Cut down some brush showing the path but don't make it a wide path but more of a hike through the woods. Let the Sheriffs meadow or Preservation Trust or Land Bank "manage" it but leave it rustic and just make it part of the history here.
The applicable law, not
Ron EdgartownThe applicable law, not Compromise, determines the outcome. Here is what the case law said about a similar Cape Pogue way created long ago - https://vineyardgazette.com/news/2022/05/09/judge-denies-injunction-cap…. The same would apply to this ancient way.
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In his ruling, Judge Speicher noted that the right of way at issue was originally established in 1891...
Under state law, easements that don’t limit how they can be used are interpreted broadly — even if, for example, modes of transportation have changed, the judge wrote.
“Accordingly, use of the right of way by motor vehicles is completely consistent with the general right of way granted in 1891,” the judge wrote.
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The only way to avoid this outcome would be for the town to formally abandon the road so it no longer exists.
I owned two homes years ago
Charlie Callahan So Boston/EdgartownI owned two homes years ago in Kingston and the people behind me I owned a land courted right of way to their house,never had a problem and they knew I couldn't and wouldn't stop them from using it and we never had problems. These homeowners should have known that they didn't own the land abutting their property and whoever did their title search should have let them know who owned the strip of land between their properties or at least should have told them if they knew what they were doing
For 20 years I was a
Marty Milner TallahasseeFor 20 years I was a caretaker on the island and had ancients ways in the mix. Without making any judgments if you own an ancient way and put a gate across it that is lockable and you close that gate and lock it for one whole day per year, you have the legal right to prevent people from using the pathways. You have claimed the right to close the pathway by open and adverse possession. If you fail to do this and people may or may not have been using the access path then you do not have the right to close the path. For all practical purposes it is an easement on your property that you may or may not have known about. If people are using the path, or riding horses on it, you do not have the right to close it. If you gate it, they have the right to open the gate, albeit adversely. Ancient ways ARE a real thing. This is just my opinion, I am not a lawyer.
If there really is an ancient
SureYouWantThis Cape PogueIf there really is an ancient way there, motor vehicles have a right to use it: https://vineyardgazette.com/news/2022/05/09/judge-denies-injunction-cap…
As a resident of Edgartown
TC Edgartown EstatesAs a resident of Edgartown Estates I reject opening this path. I like my privacy! I don’t want someone cutting and paving a path down the middle of my neighborhood. There are plenty paths on the island yo enjoy… try hiking the State Forest… Not Edgartown Estates. This is a residential area!!
One can look to the town of
KMurphy ChilmarkOne can look to the town of West Tisbury for their thoughts on ancient ways:
https://vineyardgazette.com/news/2017/04/07/roads-less-traveled-panel-d…
We should be focused on
MF EdgartownWe should be focused on making the ocean look like it did hundreds of years ago. When the windmills are removed, we can talk about stealing peoples land.
Adverse possession - in this state, after 20 years, it's legally yours- public or private. They are over 5x beyond that threshold. In America we believe in property rights.
If the property owners are
WJM EdgartownIf the property owners are objecting to some sort of 'restoration' of this 'ancient way,' why would the town want to do something like this? Does the Town want to 'take on' the taxpayers who live there? Couldn't we spend this money on affordable housing? A well studied paper on the subject is https://ci.ashby.ma.us/document/planbd/handbooks/ANRs_and_Ancient_Ways…
The towm is obligated to care
gabrielle West TisburyThe towm is obligated to care for the greater good
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