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Vineyard Gazette
Edgartown, Massachusetts
December 2, 2016     Vineyard Gazette
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December 2, 2016

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TWO VINEYARD GAZETTE, MARTHA'S VINEYARD, MASS. FRIDAY, DECEMBER 2, 2016 News Rare heathlands off Moshup Trail were at center of court battle for more than 20 years. Mark LoveweU Moshup Trail Case Comes to a Close By JULIA WELLS Closing the book on a decades-long conservation initiative to protect the sued in April, the court agreed with an court battle over whether a private ex- salt-blasted Moshup Trail heathlands, earlier ruling by the land court that the panse of land off Moshup Trail can be which are considered globally rare. plaintiffs could not prove legal access to opened up for development, the U.S. The case could have had far-reaching their land. Supreme Court this week declined to effects onland titles throughout Aquin- In September, attorneys for Mr. De- hear the Decoulos-Kitras case in Aquin- nah, and involved arcane issues of law, coulos and Ms. Kitras formally peti- nah. some dating to the late 19th century tioned the U.S. Supreme Court for a James Decoulos and Maria Kitras had when most of the land in the town was writ of certiorari. The town and other petitioned the nation's highest court Owned in common by members of the defendants in the case, including Caro- to take their case on appeal, after the Wampanoag Tribe of Gay Head. line Kennedy and her husband Edwin Massachusetts Supreme Judicial Court The case bounced around in stateSchlossberg, waived their right to re- in the spring found they did not have courts for years, finally landing before spond. legal access to two landlocked parcels the SJC last year. In a 25-page ruling is- VCS executive director Brendan totalling about 30 acres off Moshup O'Neill called the denial "a procedural Trail. end point for which we are grateful. On Nov. 28 the petition was denied. Listening Tour Much credit goes to the town, the or- "It's the end of a chapter," said long- ganizations and individuals whose com- time Aquinnah town counsel Ronald Incoming Cape and Islands Rep. mitment never flagged during these H. Rappaport this week. Reached by Dylan Fernandes will visit the Vineyard many years." He concluded: telephone at his office in Belmont, Mr. next week as part of a district-wide "The 20 years of legal defense speaks Decoulos said the decision came as no listening tour. to the importance of watchfulness and surprise. "There was not a huge national Mr. Feruandes was elected in Novem- tenacity and commitment over the long issue here for the court to decide," he ber to replace retiring state Rep. Timo- haul with respect to land protection is- said, adding: "We're not done. We're thy Madden. Next week he will visit sues like this one. And in the context of going to continue to fight for our rights Falmouth, Nantucket and the Vineyard the unimaginable antiquity of the place that we believe we have under the con- to talk to residents and hear their con- we are trying to conserve -- with its 50 stitution." cerns, visions for the community, and million-year-old cretaceous soils -- it's The complicated land-use case dates their comments and recommendations, a blink of an eye." to the late 1990s and had pitted Mr. De- Visiting hours on the Vineyard will coulos and his wife Ms. Kitras against be held on Wednesday, Dec. 6 from 3 the town of aquinnah, the Vineyard to 4:30 p.m. at the Chilmark library and Engineering Challenge Conservation Society and others. VCS from 5 to 6:30 p.m. at the Oak Bluffs has been involved for many years in a library, Science students at Martha's Vine- yard Regional High School were tasked ' ............................ ........... ' ........................... , ......*"~-" ! '' i-"Wit~ a Thanksgiving themed projeOt B~ ," ' :: ' :~i_,! for the November engineering chal- Land Revenues "7: lenge. Students were asked to create a functional turkey baster, calibrated The Martha's Vineyard Land Bank reported revenues of $267,570 for theto deliver a set volume of liquid, with business week ending on Friday, Nov. 25, 2016. The land bank receives its plastic bottles, tubing, tape, and other funds from a two per cent fee charged on many Vineyard real estate transac- basic materials. The team that came tions, closest to transferring 132 milliliters of Much of the land bank revenue last week came from the town of Chil- liquid without dripping was declared mark, where one transaction resulted in $122,500. Three transactions earned the winner. $85,200 in Edgartown. Three transactions generated $33,250 in Tisbury. And Brahmin Thurber-Carbone and three transactions made $26,620 in Oak Bluffs. No eligible transactions were James Kelliher finished first, transfer- recorded in Aquinnah or West Tisbury. ring 132.5 mL. The second place team The land bank uses its revenues to purchase and manage land for purposes was Lohen Goodwin, Graham Lewis, of conservation, preservation and passive recreation. To date the agency has and Jack Sierputoski, with 124.8 mL, and participated in the purchase of more than 3,243 acres of Vineyard land. Evelyn Medeiros, Marissa DAntonio, and Meghan Sawyer finished third with 145.5 mL Leave your donations of food and toys with us, and we'll make sure they get to those who need them most. Now through December 16, 2o16 All Cape Cod Five branches are accepting donations of food and toys. Your gifts will be delivered to local food pantries for distribution to needy families. Food gifts should be non-perishable grocery items. Toys should be new and left unwrapped. Thank you for your generosity. Member FDIC Member DIF COMMUNITY BANKING SINCE 412 State Road, Vineyard Haven :. [~ :- ~ ~,.- www.cap'ecodfiv.~ oln .,, , - ,, ~ .508J693_1452 I855 W Complete stories appear online at vineyardgazette.corra Fade Out for Island Theatre A historic landmark in Oak Bluffs is in the crosshairs these days as town offi- cials face decisions about the fate of the dilapidated Island Theatre, including whether to tear the building down or initiate repairs. The 101-year-old build- ing at the foot of Circuit avenue is owned by the Hall family and has been vacant since 2012. Earlier this year a structural engineer declared the build- ing dangerous under the state building code. The issue is an emotional one as many in town remember seeing their first movies there, learning to be afraid of the ocean after watching Jaws, or heading over to Waban Park to run numerous laps after getting psyched up by Rocky. Richard Dreyfuss was known to stop in, as were many other summer visitors who graced the screens. Town officials have been working with the Hall family for about two and a half years to discuss safety concerns and repairs, according to a timeline provided by building inspector Mark Barbadoro. Earlier this year the own- ers were ordered to begin repairs by Oct. 15, which did not happen. In late October Mr. Barbadoro ordered the Halls to either remove the building or make it safe. The board of survey has already completed a walk-through of the theatre, Mr. Barbadoro told the Gazette Wednesday, and is scheduled to issue a recommendation on Friday, The building inspector, who is appointed by selectmen, has the authority to order a building demolished or repaired if the board of survey is in agreement. "The board of survey could say I'm wrong and then I don't have to do any- thing more," Mr. Barbadoro said. "And I would love that." But if the board agrees the building is unsafe, then "that's what I'll spend my time doing for the next few months," he said. Moped Ban Gains Traction A renewed push to regulate and pos- sibly ban mopeds was the subject of an emotional discussion at Tuesday's select- men meeting in Oak Bluffs. A moped accident this summer, where a young woman lost her leg, was the catalyst for numerous residents and selectmen to speak up about the need for more regulation. An emotional Tim Rich, the retired Chilmark police chief and an Oak Bluffs resident, said he has been on the front lines of the moped battle since the 1980s as a police officer and as a father. Two years ago, Mr. Rich's son Jonathan was driving a truck when a moped driver lost control of his vehicle and was killed after colliding with the truck. "There are few people on the Island that have seen as much carnage, death and injury from mopeds as myself," Mr. Rich said. No owners of moped rental busi- nesses attended the hearing, and it was decided that town police chief Erik Blake will moderate a stakeholder discussion about the issue in time to propose revisions to the town moped bylaw before the annual town meeting next April. Sydney Hotel Wants a Big Sister The Sydney Hotel, a boutique experi- ence in Edgartown that also houses the popular French eatery l'etoile, is feeling some growing pains. The owners of the eight-room inn on the corner of North Water and Winter streets are looking to build a larger boutique hotel in the vacant lot nearby that is now used for parking. The proposed new hotel would be 10,000 square feet, feature 14 rooms, five employee housing units in a full basement, a small retail shop and a small bakery/care. The Sydney is owned by Charles and Anne Hajjar, who also own the Chris- topher Inn (formerly the Victorian Inn) on South Water street in Edgartown, and other properties around the Island. The hotel is operated by Lark Hotels, a hotel ownership and management group that also owns and operates the Summercamp Hotel in Oak Bluffs. The Edgartown historic district com- mission unanimously approved the plan in September. A hearing opened Thurs- day night before the Martha's V'meyard Commission, which is reviewing the plan as a development of regional impact. Aquinnah Gets a Quorum After failing to reach the required Brian Wetland leads the crowd ~ Mark Lovewell All eyes on the Island Theatreas possibie demolition looms. quorum of 36 souls afew weeks ago, Chilmark Special Town Meeting Aquinnah was able to muster up Chilmark holds a special town meet- enough voters on Tuesday for its spe- ing this coming Monday at 7 p.m. at the cial town meeting. A total of 42 resi- , :GhilmarkCommtmityCenter, withtown dents turned out on a rainy evening rd0derator Everett Poole presiding. There are eFght articles on the warrant. These include money for improvements at the to approve payment for improvements at Philbin Beach and the Aquinnah Circle, and a set of bylaw amendments aimed at helping town hall run .more smoothly. It was an agreeable group and all but one of the seven articles passed unanimously. The orih article that sparked considerable debate was a proposal to spend $300,000 for proj- ects at Aquinnah Circle, mostly around unspecified improvements planned for three buildings near the Gay Head Light. But after much back and forth the article passed with just one dis- senting vote. Another amended bylaw passed unanimously that will require town employees with an office in town hall to hold regular office hours from 9 a.m. to 5 p.m., Monday through Friday. Alison L. Mead in carols at the Oak Bluffs tree lighting. park and ride in Menemsha, building a ltieup dock next to the Coast Guard boathOuse in Menemsha, and better signs and pavement markings in the village to help with parking, among other articles. Voters will also be asked to appropriate $7,650 to cover the cost of hardware and installation for a radio repeater on Peaked Hill to boost reception and improve com- munication capabilities among fire, po- lice and EMS services. Oak Bluffs W'ms Christmas As the Island said goodbye to Thanks- giving and hello to Christmas, Oak Bluffs got the jump on things with both the good and the bad. In the good category, the annual tree lighting in Post Office Square went off without a hitch on Wednesday evening, despite gray skies and a hint of rain. Santa arrived by fire truck to greet revelers young and old. Carols were sung, hot chocolate was enjoyed and the tree was officially lit, provoking some in town to say that Oak Bluffs wins Christmas on the Island. Next weekend, Christmas in Edgartown rolls in to town with four days of holiday activities, so the jury is still out on that one. But the verdict has been decided regarding what may be the Scroogiest move ever. Vandals visited Ocean Park last Friday night and knocked over three festive Christmas trees, recently set up by Crossland Landscape. So far no one has been caught, but the man in the sleigh, who sees who has been naughty and nice, has declared that the perpetra- tors will definitely be getting sea robins in their stockings this year. CORROSION GREEN STAINS IRON BROWN STAINS ODORS TASTES COLOR VOC'S BACTERIA ! NITRATES LEAD " CHLORINE We use only the best equipment with the strongest warranties. We Guarantee Our Work! ISLAND WATER SYSTEMS WATER FILTRATION FOR HOME AND BUSINESS SALES " INSTALLATION SERVICE P.O. Box 420 CHILMARK, MA 02535 PHONE: 645-2750 FAX (508) 645-2752 I l' ;l! lii Idk I tJ Jk I .!It) l; ILtll) ,~11(,,!h~ I.~,l.) ,'-i alt! I![ 17J1",ilt ;7, ~!; !l!q]_l;'~ 1[ IJl~'[ -"lit ' with Anxie ' EXpert Lynn' Lyons Stepping Out of the Worry Cycle For parents/caregivers and children ages 8 -17 Tuesday, December 13th 6:00 - 8:00 pm at MVRHS Library To register or for more info visit: mvcommun! The Traps of Worried Parenting and What to do Instead For parents/caregivers of children 0-8 years old Wednesday, December 14th 6:30 - 8:30 pm at MVRHS Library Pre-registration requested: 508-687-9182 Follow-Up Discussion with Lynn Lyons For parents/caregivers who participated in the 20t5 workshop 3-hursday, December 15th 12:00 - 2:00 pm at MVRHS Culinary Arts Dining Room To register or for more info visit: MVCS Martha's Vineyard Commtmtt y Services ADVENTURE EXPLORATION TRANQUILITY Beetlebung Corner Chilmark 508-645-3533 ATLANTIC OCEAN AND SHEEP MEADOW OVERLOOK Built circa -1840, this former post office during the civil war is a well- recognized landmark with its 300 year old elm trees. The architecturally stylish home and property comprised of a total 11 rooms, 6 bedrooms and three baths is situated on five acres which overlooks the grazing sheep meadow tq the Atlantic Ocean. This authentic property has been thoroughly updated blending sinlple antique warmth with modern function and capability. Steps away is a. separate'guest house, barn with loft, 2 car garage and several outbuildings all' surrounded by stone walls, attractive lawns, fields, and gardens. Exclusive New to market. $4,195,000 4