<p>An Oak Bluffs resident is challenging the award of an aquaculture license at Eastville Beach. Jacob H. Ludwig 3rd is asking the superior court to overturn a decision to grant Dan and Greg Martino an aquaculture license.</p>
An Oak Bluffs resident has brought a lawsuit against the town challenging the award of an aquaculture license at Eastville Beach.
In a complaint filed in Suffolk County superior court in mid-October, Jacob H. Ludwig 3rd is asking the court to overturn a decision to grant Dan and Greg Martino an aquaculture license for use off Eastville.
The Martino brothers won approval for their two-acre oyster farm in September.
The start-up venture is planned for an area near the Vineyard Haven drawbridge, a site that has not seen aquaculture before.
Many neighbors of the abutting Eastville neighborhood have objected to the project, saying it will interrupt their view of the Vineyard Haven harbor and pose a hazard to recreational activity in the harbor and on the beach.
Now one neighbor has brought the case to court.
According to the complaint, Mr. Ludwig lives at 43 Beach Road, a property which borders Eastville Beach. He is a co-owner of the property with Patricia Ludwig, Wendy Ludwig and Amy Ludwig.
Mr. Ludwig is suing the town and the selectmen on the basis that they failed to conduct a comprehensive review of the project and violated due process. Among other missteps, the complaint says the town denied him the right to have representation by counsel, when, despite requests from Mr. Ludwig’s attorneys to postpone a hearing on the shellfish application, the hearing was not rescheduled.
It also says the Martinos did not notify him of the application the requisite 10 days before the first public hearing.
“The actions of the defendants constitute substantial errors of law apparent on the record that have adversely and substantially affected material rights of the plaintiff, other abutting property owners, the public and users of Eastville Beach,” the complaint reads in part.
In response, the town filed a motion in early December asking the court to dismiss the complaint, arguing that the abutter did not demonstrate substantial injury to his legal rights.
Town counsel also requested that the case be moved to Dukes County superior court because it concerns a local matter.
“No party ‘resides’ in Suffolk County — or in any other county but Dukes,” the motion reads in part.
The Martinos first proposed an aquaculture farm in Lagoon Pond in spring of 2013, but stakeholders objected to that plan. The shellfish committee denied the project, saying the proposed area was too large and would interfere with commercial and recreational shellfishing, as well as other recreational activity.
Now, Mr. Ludwig is claiming that the town used a different standard to approve the Eastville Project. “The selectmen’s basis for granting the Martinos an aquaculture license at Eastville Beach is ad hoc agenda and not uniform with its prior criteria . . .” the complaint says.
In addition to the selectmen, the town shellfish committee, Army Corps of Engineers and the state Division of Marine Fisheries signed off on the project.
Comments
Mr Ludwig get over yourself
RobertMr Ludwig get over yourself
"Many neighbors of the
Joseph Paul Uranker Oak Bluffs"Many neighbors of the abutting Eastville neighborhood have objected to the project, saying it will interrupt their view of the Vineyard Haven harbor and pose a hazard to recreational activity in the harbor and on the beach." Unless these home owners have grown gills,I don't see how anyone's VIEWS will be interrupted being the aquaculture farm is under the water. this was fully reviewed by everyone in addition to the selectmen, the town shellfish committee, Army Corps of Engineers and the state Division of Marine Fisheries signed off on the project.
"Many neighbors of the
just a Guy from MV"Many neighbors of the abutting Eastville neighborhood have objected to the project, saying it will interrupt their view of the Vineyard Haven harbor and pose a hazard to recreational activity in the harbor and on the beach." - First: if you are an abutting property owner with no type of easement or right of access on file, then you have no legal rights to the abutting property. Second: your view of the harbor won't really change, do these people even know how aquaculture works? Third: how will recreational activities be harmed? People don't swim there, you will still be able to fish there and walk the beach, so there is no validity to this pompous and arrogant person's argument.
You're not really a resident
steve jenkinsonYou're not really a resident if you only Summer here. But, thanks for trying to squelch a new local business.
"Many neighbors of the
steve jenkinson"Many neighbors of the abutting Eastville neighborhood have objected to the project, saying it will interrupt their view of the Vineyard Haven harbor and pose a hazard to recreational activity in the harbor and on the beach."
What's that? I heard, will every rod and reel and fly fisherman, kayaker, and recreational boater please exercise their legal rights to use the waters directly in front of our Summer homes.
HaHaHaHa.
Albie Scott NewburyportHaHaHaHa.
I'll meet you in front of
Nathan Vineyard HavenI'll meet you in front of Thurston Howell 3rd's house Steve. I'm thinking the striper fishing will be awesome around June 15th and I'll bring the sand spikes and bucket of eels.
A One-Percenter's problem
Jules OBA One-Percenter's problem
Some lawyer is glad to take
BillyB OBSome lawyer is glad to take their money. Hope it makes them feel better. Personally, there are too many Island charities I'd rather see their legal fees go to rather than just burned up going to a lawyer. 1 percenters know no conscience.
It is unbelievable that
Chris ChappyIt is unbelievable that someone would want to squash local entrepreneurs trying to make a living on the Island. Shame on you.
Leaving all the social
Mr. B. ChilmarkLeaving all the social commentary aside, there do seem to be some questions that need answering, questions about the process that was followed...or not followed. Perhaps they can be answered, regardless of your "view."
Hang in there Martino
David MVHang in there Martino Brothers - have a feeling the Little Guy is going to win this one. All those who favor a wind turbine right in front of the Ludwig estate, say "Aye".
As with real estate
Dick AquinnahAs with real estate transactions, let's tax further these more or less frivolous dealings and set aside the monies for the Land Bank or affordable housing or just to subsidize our town lawyers asked to fight these types of lawsuits.
Those summer people who don't
another summer person EdgartownThose summer people who don't live here only pay about 80 to 90% of the taxes.
What right do they have to want to protect their rights?
80 to 90, does not seem
George stein Edgartown80 to 90, does not seem realistic from that part of the Island
You don't own beyond the High
steve jenkinsonYou don't own beyond the High Tide mark. They have no rights to protect. In fact, they are Evel Knevel Rocket jumping over the line as far as their "rights" are concerned. They think they own a public waterway and dictate what happens on it.
Calling Mr Ludwig a 1% er
Peter RICalling Mr Ludwig a 1% er shows a lack of understanding of the depth of this issue and does nothing to help resolve anything. It appears there was a lack of communication during this process and perhaps with more dialogue this can get solved. Using envious terms like this will get you no where in life.
There was a Heck of a process
steve jenkinsonThere was a Heck of a process that was followed. It involved the town, state, and federal agencies responsible. It was a lengthy process for them. These people just don't like the fact they have no say over a waterway that they don't own.
If you attended any of the
PearlIf you attended any of the meetings you will note that in their first proposal to the town Selectwoman Gail Barmakian had asked the Martino brothers what experience they had for such an undertaking. Dan Martino's answer was to turn it around on Ms. Barmakian asking what experience she had to qualify her as a selectman. Interesting approach when seeking approval. It finally came around to his experience having been gained in making a documentary on the subject. Let's hope filming a subject gives you the same expertise as hands on experience.
Dan worked with me on my
Jack EdgartownDan worked with me on my oyster farm 3 days a week for about 6 months. More
importantly he never stopped asking questions. He is quite capable of growing oysters and has learned to adjust the method to suit the conditions. The first year or so will involve modifying the gear to withstand the dynamic area. Keep the oysters happy. Good luck Dan.
I propose a wind turbine -
Peter MVI propose a wind turbine - directly in front of the Ludwig estate.
In whose eyes does a man
Chris Bryant marion maIn whose eyes does a man working on the water spoil a view?
http://www.capecod.com
Rick West Tisburyhttp://www.capecod.com/newscenter/mashpee-oyster-farmer-wins-land-court/
So, they turned it down in
JK MVSo, they turned it down in the calm waters of the Lagoon, yet approved it in open waters of the Harbor, right in front of a public beach used for swimming, kite surfing, kayaking ?? No wonder there is a lawsuit. Oh, and after the first storm, their barge will be ashore on the public beach. Great!
It's not in front of the
steve jenkinsonIt's not in front of the public beach. They didn't want it in the lagoon because you want the oyster farm to have plenty of water flow from the tides.
So true... so very true
AnonSo true... so very true
Oysters filter fifty gallons
Ian M.V.Oysters filter fifty gallons of water a day at maturity, cleaner water will introduce a healthier ecosystem which in turn would create a better view for any resident of that area around the pond. Not to mention to mitigate damage from the nitrogen runoff from a chemical lawn.
Lastly if you object to an oyster farm, it would be hippo critical to eat one yourself or serve to any guest.
We need an Officer in Charge
Taffy OBWe need an Officer in Charge of Cleanup. Someone who can answer to the island residents who will be prevented from using the public beach when it is shut down for pollution and unhealthy detritus on the beach as well as untangle the boats, windsurfers, fishermen, kayakers who will inevitably cross into the acres of publicly owned waters. I also propose that person read up on due processes, privatization of public property, access to private property, obstruction of navigable waters, and Mass DEP rules on permanent structures in protected areas.
Any volunteers?
Shut down from pollution from
Bob M OBShut down from pollution from Oysters? Do you know what Oysters do? Do you know Oyster farming is a organic process in which helps in cleaning the water, and helping in maintaining a natural ocean habitat. Oysters don't pollute. I would also hope Island fisherman who have fished for years on the Island have more brains then to get "tangled" in oyster cages. You must be one of those residents worried their view from their summer home will be ruined while they are here 2 months out of the year, who are so out of touch with the reality of the way of life here on the Vineyard its comical.
So then why would the
JK OBSo then why would the selectmen oppose the farm in the Lagoon, which would be perfect, but approve it in the open waters of the outer harbor right on a public beach? No one is opposed to oyster farming - in bays, ponds and lagoons - but no one does it in open waters. Why do you think they are in Katama Bay and not on South Beach??
The Martino brothers are hard
David EdgartownThe Martino brothers are hard working and invested members of our community. I've witnessed first hand their dedication to this project and attention to detail. Mr. Ludwig, stop wasting our time opposing this project that the community supports.
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