The future of vehicle access to the sandy trails of Chappaquiddick – a hotly contested issue that has resulted in several appeals and hours of debate – is approaching a critical juncture this month.

The Edgartown conservation commission is considering new rules for the Trustees of Reservations, the nonprofit that manages 16 miles of oversand vehicle trails. At its meeting on Oct. 22, the commission will review draft conditions and a proposed memorandum of understanding that would set new limits on how many vehicles can drive out to the beaches.

Ahead of that hearing, the state Land Court is scheduled to visit the Island prior to a trial on Oct. 20 that would determine the legality of the Trustees selling permits for vehicles to drive out to Cape Pogue at the northern tip of Chappaquiddick.

Though the argument over vehicles on the trails has been going on for years, town officials, fishermen and the Trustees have all expressed optimism that the issue could be settled soon with the coming trial and commission hearing.

“I think we are cautiously optimistic,” said Richard Thompson, an avid fisherman who was on Chappy for the Striped Bass and Bluefish Derby last week. “It does seem that we are reaching some sort of conclusion, but until things are finalized there are a lot of twists and turns in this story.”

At the heart of the oversand vehicle debate is how many four-wheel drive SUVs and trucks should be driving onto the ever-shifting coastline of Chappaquiddick, and where they can legally and safely go.

Area is popular with fishermen.

Ray Ewing

Area is popular with fishermen.

Ray Ewing

In May 2024, the Edgartown conservation commission set the limit at 200 vehicles at a time on the Leland and Wasque properties managed by the Trustees. For Cape Pogue, the commission decided that no more than 30 vehicles should be allowed.

The decision ignited immediate pushback from both the Trustees, which thought the caps were too restrictive, and landowners on Chappaquiddick who felt the limits were too loose and threatened the health of the beaches.

Both groups filed appeals against the conservation commission’s orders, and those are currently both before the state Department of Environmental Protection (DEP). In an attempt to forge a path forward, the town and the Trustees began meeting to possibly hammer out limits that could be amenable to both parties.

The draft conditions and memorandum, a culmination of the discussions between attorneys for the town and the Trustees, were released by the town late last month and would make several changes to the existing rules.

Under the proposal, the commission would allow 275 vehicles across all of the Trustees properties – 45 more than the previous order – and would make no distinctions between Cape Pogue and the other parts of Chappaquiddick.

Kara Shemeth, the town’s conservation agent, said the DEP advised the town to look at any potential compromise. Some other pieces that were previously in the order of conditions, which are the official rules set by the conservation commission, were moved to the memorandum because they were not totally enforceable under the state statute that guides conservation commissions.

Ms. Shemeth said that the memo and the proposed orders were from the Trustees, and there were no initial red flags when reviewed by the town.

“When you look at the original orders of conditions and what’s coming now, there aren’t a lot of changes,” she said.

The new order and the memorandum will all be discussed by the commission in a public hearing, and would have to be voted on again. Ms. Shemeth expected robust discussion on the proposals, and all decisions would again be subject to appeals.

“It’s democracy in action,” Ms. Shemeth said.

The Trustees noted the work on the memorandum at the Edgartown planning board meeting last Tuesday. The Trustees also need a special permit from the board for its buildings on Chappaquiddick.

Members of the planning board were happy with the way things were shaping up.

The rules for oversand trails are in limbo as several challenges play out.

Ray Ewing

The rules for oversand trails are in limbo as several challenges play out.

Ray Ewing

“I want to thank everybody involved in ironing this out…I think it’s going to be a great plan overall once we get to the end,” said Mike McCourt, the chair of the planning board.

In a statement, Darci Schofield, the director of the Trustees’ Vineyard operations, said she was pleased to work with the town on the areas of concern.

“We want to thank many members of Town government for their hard work and investment of time on these issues,” she said. “And we look forward to our continued partnership and collaboration in the future protecting Edgartown’s special places and providing access for the community. ”

Not everyone is as thrilled, though. Some residents and landowners have criticized the Trustees’ management of Chappaquiddick beaches, and fear that too many vehicles could lead to further degradation of the fragile landscape.

“The MOU in its current form appears to be an extremely rough draft with significant factual inaccuracies,” said Rachel Self, a Chappaquiddick attorney who is representing a group of about 65 people in an appeal to the previous limits.

She argued that any agreement between the town and the Trustees should protect and preserve Chappaquiddick’s beaches, address concerns about the aging infrastructure of the Dike Bridge, and prevent overburdening the ferry to Chappy. She also called for enforcement provisions to ensure and motivate proper management of the trails.

“Those citizens who appealed the conservation commission’s orders of conditions did so out of a genuine concern for the natural resources of Chappaquiddick as a whole, not just Cape Pogue,” Ms. Self said. “These citizens were not merely abutters, but people from all over Chappaquiddick and Edgartown.”

She also noted that even if the town and Trustees come to an agreement, the DEP is still reviewing the matter.

“While a MOU between the Trustees of Reservations and the Town is a good idea, it is important to remember it is separate and apart from the appeals filed with DEP, which will still be the ultimate arbiter of the recreational activities that will be permitted on this fragile resource,” she said.

Hanging over the commission’s proceedings is a lawsuit over access to Cape Pogue. Victor and Dawn Colantonio, who own property on Cape Pogue, filed a lawsuit in 2022, claiming that the Trustees’ practice of selling permits to the area overburdens a shared easement.

A spit at the northern end of Chappy, the dunes and Trustees-owned wildlife refuge on Cape Pogue are some of the most remote and fragile parts of Martha’s Vineyard. Home to nesting shorebirds and prized fishing spots, the area is popular for bird lovers, fishermen and sightseers.

Mr. Colantonio maintains there is not enough beach to continue oversand vehicle passage to Cape Pogue and felt that it was improper for the town attorneys and the Trustees to go over a potential proposal together.

He said his lawsuit and the Trustees applications with the town were two distinct issues, but he didn’t see the acrimony ending any time soon.

A new proposal would allow 275 vehicles on the trails.

Ray Ewing

A new proposal would allow 275 vehicles on the trails.

Ray Ewing

“My land court dispute has nothing to do with [Trustees’] troubles,” he said. “Whatever resolves going forward, if anything, one thing is for sure… lots of billable hours for lawyers.”

Those who enjoy driving out to the area and town officials are keeping a close watch on the trial.

“That could have a lot of impact on the next few years,” Ms. Shemeth said.

As the trial goes on, Chappaquiddick has been buzzing with fishermen as part of the fishing derby.

Peter Sliwkowski, the owner of a Larry’s Tackle in Edgartown and a founder of a beach access group, said spirits are buoyed by the work to potentially settle the debate.

“We’re not fighting for OSV access because we think driving on the beach is great. It’s the only practical access,” he said. “It’s a fundamental part of the derby’s attendance as well as culture and history.”