More than 30 years after first issuing a special permit that has since proved elusive, the Edgartown planning board and The Trustees of Reservations came together last week to seek a way forward. 

The Trustees, which manages about 16 miles of trails and a wildlife refuge on Chappaquiddick, had to reapply for a special permit because its original permit from 1990 is nowhere to be found. Town meeting minutes indicate the board voted in favor back then, but with no actual permit in hand, the Trustees agreed to file a new application. On Tuesday, Dec. 17, the nonprofit walked town officials through the buildings and other structures on Chappy that would require a permit. 

“I look forward to working with you all to bring the matter to rest,” said Darci Schofield, the Trustees director who oversees the nonprofit’s Island properties.

The use of the Trustees’ oversand vehicle trails on Chappaquiddick has been controversial for the last several years, with lawsuits and legal appeals piling up over the Trustees management and how many vehicles can access the trails.

The trails provide access to Chappy’s pristine beaches and are popular with fishermen. Chappaquiddick residents often feel the town allows too many vehicles, while fishermen and the Trustees have called for better access.

Another fight could be brewing, with the planning board and the Trustees seemingly at odds over what needed to be reviewed as part of the special permit application. 

The Trustees believe the organization only needs allowances from the planning board for its various buildings, such as its gatehouses and boardwalks. The planning board wanted more details about the oversand vehicle trails used by thousands of drivers annually during the summer. 

Michael Shalett, the planning board chair, called on the Trustees to include the trails as part of the application, saying that it was considered during the initial application. 

“I think it’s distinct to me that when looking back, the planning board in 1990 certainly thought trails were part of what they permitted,” he said.

Julia Livingston, another member of the planning board, said that the board was interested in seeing how the use of the property has changed over the years. 

“I really hope that the Trustees will come to us with an application that gives information about intensity of use and how that intensity of use has changed over the years, and also about the trails,” she said. 

While the Trustees pledged to work together with the board, seeking a balance between protecting the environment while also promoting recreation, it wasn’t ready to concede that it needed permission for the trails.

“I can commit the organization to approaching it as you suggest, seeking balance, seeking a holistic view,” said Dylan Sanders, the Trustees’ attorney. “We can discuss with the planning board what particular elements actually need special permit authority under the bylaw.”

No determination was made at Tuesday’s meeting and the planning board voted to revisit the application on Feb. 18.