The Edgartown zoning board of appeals Wednesday upheld a cease and desist order prohibiting helicopter landing at the Boch home in Katama. While an attorney for Barbara Boch cited Massachusetts law that allows Mrs. Boch, the widow of car dealership owner Ernie Boch, to land a helicopter on her property, the board cited neighbor concerns and precedent in affirming the building inspector’s cease and desist order.
The Edgartown zoning board of appeals Wednesday upheld a cease and desist order prohibiting helicopter landing at the Boch home in Katama. While an attorney for Barbara Boch cited Massachusetts law that allows Mrs. Boch, the widow of car dealership owner Ernie Boch, to land a helicopter on her property, the board cited neighbor concerns and precedent in affirming the building inspector’s cease and desist order. Mrs. Boch’s attorney, Kathleen Genova, said that a helicopter would take off and land from the large lawn in front of the family’s $21.5 million home on Katama Road once or twice a month.
In August the town issued a cease and desist against that use. Ms. Genova said that in issuing the cease and desist, the building inspector relied on part of the zoning bylaw that lists appropriate uses for buildings and land in that area, with helicopter landing not on the list.
“I understand his position,” Ms. Genova said, distributing copies of case law and several other documents to the board members. But she said that part of Massachusetts General Law “trumps the town’s zoning bylaw.”
Under state law, she said, property can become a “private restricted landing area,” which requires notification sent to the Massachusetts Aeronautics Commission.
On Nov. 20, an initial notification of a private restricted landing area for the Boch property was sent to the aeronautics commission. The commission acknowledged its receipt on Dec. 5.
Ms. Genova said town bylaws can only regulate those landing areas by having ordinances submitted and approved by the Massachusetts Aeronautics Commission. She said the town bylaw has never been submitted to the commission, and thus has never taken effect.
Ms. Genova cited a similar case in the western Massachusetts town of Monson, in which the court ruled in favor of homeowners who wanted to land their helicopter on their rural residential property.
This is not the first time the town has grappled with helicopter issues. In 2007 Chappaquiddick resident William S. O’Connell received a similar cease and desist order stating that landing a helicopter on his property was prohibited by town zoning bylaws.
The case eventually went to Dukes County superior court, where the Hon. Cornelius J. Moriarty 2nd upheld the town’s order. Ms. Genova said that the state statute was not mentioned in that case.
The town was also upheld in another case in the early 1980s, Ms. Genova said, before the statute was added to state law in 1985.
“I understand what the history is here, but it doesn’t involve the statute,” she said.
Ms. Genova also argued that entering and leaving one’s property is not technically a use of land, and should not be governed by the bylaw.
The board received four letters from neighbors imploring them to uphold the order. Noting that the Bochs have been good neighbors, Katama Road resident Arnold Wells said he took “no pleasure in strongly opposing their appeal.”
“All Vineyard residents should be allowed quiet and peaceful enjoyment of their property,” he said, noting that the helicopters are noisy and can be dangerous to operate, and that allowing the helicopter landing would set a precedent.
Others noted that the Katama Airfield was a few miles away; board assistant Lisa Morrison said she thinks helicopters cannot land at the airfield because of conservation restrictions. Airport manager Mike Creato said later that helicopters can land at the airfield with prior permission, although few do.
Chairman Martin V. (Skip) Tomassian Jr. said the board can only rely on what’s happened in the past. “I think one of the things we might want to think about is the neighbors and how it’s going to affect them,” he said.
“It sounds like we’re in a no-win situation,” board member Nancy Kelly said, while Carol Grant noted that the court case Ms. Genova referred to happened in western Massachusetts, which she said was very different than the coastal Katama neighborhood.
Board member John Magnuson made a motion to uphold the cease and desist “because it’s a residential neighborhood on the harbor” and the board received many letters from neighbors opposed to it. The vote was unanimous.
Ms. Genova told the Gazette that it would be up to Mrs. Boch to decide whether to take the appeal to superior court, the next procedural step.

Comments
Bravo on this decision!
Live Up the Street EdgartownBravo on this decision! While the Boch's are great neighbors, helicopter landings should not be allowed and are very noisy. The more we allow precedent, the more that is taken advantage. I am happy not to hear this again next summer!
Just my opinion. Well we can
John Gault Oak BluffsJust my opinion. Well we can see all attorneys are NOT created equal."This is not the first time the town has grappled with helicopter issues. In 2007 Chappaquiddick resident William S. O’Connell received a similar cease and desist order stating that landing a helicopter on his property was prohibited by town zoning bylaws." I would say that Ms.Genova was created more equal than Mr. O'Connell attorney, again just my opinion.
Again just my opinion, I think that Edgartown should not throw good money away on fighting this,they should have learned their lesson from past legal matters with the Boch's and lost those also.Ignoring state laws does not make it your OPINION the law.Again just my opinion.
There are numerous reasons to
On the pond... ChilmarkThere are numerous reasons to go to court, and they are not always to engage in hunts for previously decided cases or for recently enacted laws. Oftentimes going to court (even if you are likely to "lose") is a way of expressing to the larger community what you feel is a significant oversight on the part of the law...or a way of letting the other side see how significant the matter is, even if one is not legally "correct." The ball, now, is in Mrs. B's court. Does she value the perceived convenience of landing a helicopter on her property more than the good opinions and feelings of her neighbors? Especially as it appears that she can request permission from Katama Airport? That decision is not one a lawyer need help her with.
In my opinion.Yes, I agree
John Gault Oak BluffsIn my opinion.Yes, I agree the town has much better ways to waste tax payer money but to do it and KNOWING you don't have law on your side to express your feeling of theirs, well you fill in the proper term. As far as the greater good is concerned,the Boch's have worked hard and long to enjoy their property. They did build it to enjoy the fruits of their labors not for the kum bay ya's. Again in my opinion.
What about a submarine.
Steve ChilmarkWhat about a submarine. Submarines are quiet.
Nice idea but prbably too
Mike Hilton Littleton, MANice idea but prbably too shallow. Dredging anyone?
Though I am not affected by
Sam Close North Truro, Cape CodThough I am not affected by this, the story has posed a question in my mind. Prohibition in a residential area is understandable due to safety and noise pollution concerns. However, if the helicopter in question were fitted with water landing equipment, i.e., pontoons, and landed a short distance off shore, subsequently either beaching the craft on the sand or docking to the deep water dock as pictured, would the "law" be applicable, and would this present workaround for the Boch's and any other landowner with a similar desire and waterfront location?
Is this going to be some big
Terry Riley Boston & East ChopIs this going to be some big hardship to the Boch's that they can't land a helicopter on their property! Maybe the Boch's could put this into perspective based on what might be the greater good.
In My opinion we should ask
john Gault Oak BluffsIn My opinion we should ask Terry Riley & Chairman Martin V. (Skip) Tomassian Jr. who said “I think one of the things we might want to think about is the neighbors and how it’s going to affect them,” the kum bay ya's. SKIPPY You should know better and shame on you for not. Again in my opinion.
sell the helicopter and
john burton vermontsell the helicopter and donate the proceeds to the local food bank.
We were driving dn our drive
Archer Harman lll Next door to the BochsWe were driving down our drive next to the Boch property last summer when the helicopter happened to be landing & did it EVER make some noise! We are obviously so glad the council made the decision they did, what a precedent this would set for our wonderful island, omg!!!!
Ernie Boch Jr. recently gave
Christine Powers WalthamErnie Boch Jr. recently gave Edgartown a check for $70,000 to pay for motors for their new harbor rescue boat. His family certainly deserves the right to use a helicopter once or twice a month on their property. He's a good neighbor!
Its amazing to read the
John Gault Oak BluffsIts amazing to read the comments on how some people think its perfectly alright to take away some others LEGAL rights just to make themselves feel better. Or better yet have the town's tax payers pay to for the kum bay ya's. Which they WILL do if the Boch's want to protect their legal rights. Again just my opinion. I would imagine the Boch's have donated more to and used their property for charities over the years than any of our other concerned individuals.
PS: Don't be surprised if Chappaquiddick resident William S. O’Connell revisits this issue. Maybe with Ms.Genova. Again just my opinion.
What unhappy neighbours the
Ben Haverdee Oak BluffsWhat unhappy neighbours the Bochs have! Noise is no issue with once or twice a month for a few minutes each time. Safety is no issue if you insist on the logical approach and departure over the water. It just comes down to jealousy/envy. Sad outcome.
The fact that they have
MarieThe fact that they have donated to the town in the past does not buy them extra rights.
Helicopters are noisy and - for God's sake - is this really necessary? They are unbelievably inconsiderate and self-centered.
Money does not buy class.
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