Court ruled that Edgartown can prohibit Barbara Boch from landing a helicopter on her Edgartown lawn.
Ray Ewing

Court Backs Town in Boch Helicopter Dispute

<p>Edgartown can prohibit resident Barbara Boch from landing a helicopter on her lawn, according to a court ruling in a long-running dispute between the widow of car dealership owner Ernie Boch and the town.</p>

The town of Edgartown can legally prohibit down harbor resident Barbara Boch from taking off and landing a helicopter on her lawn, a Massachusetts Land Court judge ruled this week.

Ruling in a long-running dispute between the widow of car dealership owner Ernie Boch and the town, the Hon. Howard P. Speicher upheld a cease and desist order issued by the Edgartown building inspector.

Members of the Boch family had flown to and from their property on Edgartown harbor by helicopter more than 60 times in two years when the town building inspector ordered them to stop in August 2012, citing the town’s zoning bylaw. The town’s zoning board of appeals later upheld the cease and desist order, and Mrs. Boch appealed that decision to the land court.

In a motion for summary judgment, Mrs. Boch offered two main legal arguments: that landing a helicopter on her lawn was a valid “accessory use” of her residence under the town zoning bylaw and that even if the bylaw prohibited helicopter use on private property, the bylaw itself was invalid because it was not approved by the Massachusetts Aeronautics Commission.

In an 18-page opinion dated Tuesday, however, Judge Speicher sided with the town on both scores.

While state law gives the state aeronautics commission jurisdiction over commercial restricted landing areas, the judge said, it does not regulate or approve private, noncommercial restricted landing areas, which need only be registered with the commission. A plain reading of the state law, the judge said, would conclude that the town did not need approval from the aeronautics commission to regulate noncommercial helicopter use on private land.

The judge also dismissed Mrs. Boch’s claim that the town had unfairly singled out helicopter travel as a “customary and incidental accessory use” to get to and from her property.

Mrs. Boch had offered an affidavit from her son in which he observed that other people went to and from residential properties on Edgartown harbor on jet skis, kiteboards and Segway transporters.

“Even leaving aside for the moment the fact that the affidavit does not actually claim to have observed the use of these vehicles on any regular basis for ingress and egress to residential properties, these modes of transportation, even if used as asserted, do not justify a conclusion that a helicopter has become a valid, customary and incidental accessory use in Edgartown,” Judge Speicher wrote.

This is the second time in a decade that the town has grappled with helicopter issues. In 2007 Chappaquiddick resident William S. O’Connell received a similar cease and desist order.

That case eventually went to Dukes County superior court, where the Hon. Cornelius J. Moriarty 2nd upheld the town’s position.

Comments

Submitted by Anonymous (not verified) on Thu, 03/26/2015 - 20:02

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Ken Edg.

What can you do? I know I would like to use my back yard as a helicopter pad.

Submitted by Anonymous (not verified) on Fri, 03/27/2015 - 06:47

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deshandra brown mv

If you can afford it, just buy a large yacht with a helipad and anchor in the outer harbor.

deshandra brown mv

@ Richard Davis, you are wrong. The "outer harbor" (past the lighthouse) is not subject to zoning. One can anchor a mega-yacht there, and come and go as they please with a helicopter if they have a helipad on the yacht. In fact years ago, there was a helicopter owner who used to land his Bell Jetranger on an older yacht (I believe the name was the Coastal queen) which was anchored in Katama Bay (possibly the reason the town no longer has it as an anchorage area). Additionally, there is a pre-existing, non-conforming use on the big 'chappy pier'. It was formerly owned by Walter Wood, who had the lease for Katama airpark in the mid 1980's. He also owned the former dump on chappy where he built a home where he wanted to land a helicopter, but the town prevented it. So in order to be 'grandfathered', he had a raft/floating addition built, and attached to that pier that he owned, and before the town managed to get their 'no helicopter zoning' approved, his pilot Mike Medeiros landed there. So technically all Mrs. Boch has to do is to open her wallet, buy that pier, and she can land across the harbor from her home and its perfectly legal.

Submitted by Anonymous (not verified) on Fri, 03/27/2015 - 08:24

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Summer Person Kansas

Tragic

Submitted by Anonymous (not verified) on Fri, 03/27/2015 - 08:38

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Cara Slats West Tisbury / Boston

Fly to the airport and take a taxi. Convenient and supports local business...win-win!

Submitted by Anonymous (not verified) on Fri, 03/27/2015 - 08:39

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Mary Edg.

The Katama airfield is within walking distance or a two minute car ride to the property. A ridiculous waste of legal fees for the town.

Submitted by Anonymous (not verified) on Fri, 03/27/2015 - 09:24

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Tony chianese Mendon MA

I have known Barbera Boch for over twenty years and I was a friend of Ernie Sr., I do not see any harm in letting them land a helicopter on their property. The amount of real estate taxes they pay and the amount they donate to the island , you would think we could cut them a little slack. How about some type of compromise such as limiting the amount of trips and the times when take off and landing could be limited. The town has never been shy when approaching the wealthy seasonal residents for our hospital, the YMCA, the skating arena etc etc. but when they ask for something the wall goes up !! If your not going to give a bit in return to these generous kind people please STOP asking them for donations !!! Stop the hypocrisy !

JJ OB

I do agree with cutting them some slack as they have been very generous with the island. The businesses you mentioned (YMCA, Hospital and Ice Arena) are not even in Edgartown or owned by the "town" or "island" they are all privately owned business so that has nothing to do with it.

Tony chianese Mendon MA

I know they are not in Edgartown but I'm pretty certain certain residents of Edgartown use them. Ernie also gave the EPD 75,000.to,power the new police boat.

Carl Olsen

Charity doesn't come with strings attached. Or it isn't charity at all. How tacky.

I am sure the poor locals genuinely appreciate the contributions this family has made, as they appreciate the contributions from other wealthy summer visitors with second homes here. Those poor locals don't have a say in this debate. It's the neighbors. Also rich as sin, mostly from old money (not car dealerships...railroads and steel), but with an established way of doing things that is far less flamboyant. New money learns eventually out here. It just takes a few generations to season...

The refusal of special privileges might seem short sighted, but for the donations lost many more will be received. Because the neighbors appreciate this special place, and they like it sans rotor wash, and they will continue to support the island and it's serenity in the face of crass demands for special treatment.

Take it to the Hamptons!

Carol formerly Chilmark

They don't pay NEARLY ENOUGH taxes for what they take - from the economy, from their employees, from the environment. Really? She needs a helicopter? Good God. Bring back the the Eisenhower tax rates, and get rid of the capital gains tax rates - all income is ordinary income, and the top rate should be 70 percent. Bring back the estate taxes at the old levels, too - yes, the "death tax".

Let her get a taxi from the airport, like everyone else. If that's too inconvenient, let her go elsewhere. Tony Chianese, maybe you can invite her to Mendon.

Submitted by Anonymous (not verified) on Fri, 03/27/2015 - 12:01

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Nom DePlume Edgartown

This is outrageous. The Bochs have been wonderful residents to the island; His beautiful and subtle period home on the harbor, Boch Park--- in Vineyard Haven, and the family is renown for good relations with the local government and people of the island.

Submitted by Anonymous (not verified) on Fri, 03/27/2015 - 12:07

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Incredible Oak Bluffs

While none of us can really imagine the lives of the super rich even though we drive past some of their houses daily, we can attempt to view theirs now. While the successful have a right to spend their money as they see fit in America, this doesn't mean they can always get what they want. If they were more important, it would still be doubtful. Yet, why would a donor take out "revenge" on the town's by denying them any gifts they may be giving. There are no exceptions for anyone in America, cutting slack to the rich or poor is a very bad idea for the country.

Submitted by Anonymous (not verified) on Fri, 03/27/2015 - 20:08

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Thomas Edgartown

The Katama Airport does allow helicopters and is only a mile away... 3 minutes by car... so that is logical compromise... Also, since Mrs. Boch is sadly incapacitated with Alzheimers...this lawsuit and subsequent challenge has everything to do with the heirs, and nothing to do with her...

Submitted by Anonymous (not verified) on Sat, 03/28/2015 - 09:13

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Barbara OK

Geraldo had a beautiful oceanfront home in my hometown, but the abutting Waspy golf clubs refused to let him join, so when he flew in in his helicopter, he buzzed really low over a 'T'...I thought it was hysterical, others, not so.

Submitted by Anonymous (not verified) on Sat, 03/28/2015 - 17:43

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BF

I have no opinion on this. But, also have no information on what the objections are. Does anyone know?
Guess I shoulduv gone to a meeting......

Submitted by Anonymous (not verified) on Tue, 03/31/2015 - 16:52

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Archer Harman lll an abutter

I can't believe that she tried to tie together Segways, kiteboards & helicopters. I saw it land once next to our property and talk about noise etc.!! How could they care so little about Martha's Vineyard!!!

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