Johnson v. Town of Edgartown

425 Mass. 117
CourtMassachusetts Supreme Judicial Court
DecidedJune 4, 1997
StatusPublished
Cited by20 cases

This text of 425 Mass. 117 (Johnson v. Town of Edgartown) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Town of Edgartown, 425 Mass. 117 (Mass. 1997).

Opinion

Wilkins, C.J.

This case concerns a challenge to a three-acre minimum area requirement for residential lots in the RA-120 Residential/Agricultural zoning district (RA-120 district) in Edgartown on the island of Martha’s Vineyard. The plaintiff landowners, trustees of the Herring Creek Farm Trust, whom we shall refer to as the trust, sought a declaratory judgment, pursuant to G. L. c. 240, § 14A, that the three-acre requirement is arbitrary and unreasonable because it does not advance any valid zoning objective.

A judge of the Land Court entered a judgment that the challenged by-law serves a permissible public purpose and does not violate any constitutional or statutory provision. We granted direct appellate review of the trust’s appeal. Before us, the trust asserts that the challenged by-law bears no substantial relation to any legitimate public interest.3 We affirm the judgment of the Land Court.

We summarize relevant parts of the judge’s decision. Edgar-town adopted a revised zoning by-law in 1973, establishing zoning districts with minimum lot requirements then ranging from 5,000 square feet to three acres. The RA-120 district boundaries are consistent with a plan prepared by the engineering firm of Metcalf & Eddy designating certain areas as “open space” due to the “fragile” nature of the environment. Now, about one-half the town (8,736 of 17,181 acres) is zoned for three-acre lots; about 4,900 acres are zoned for one-half acre or one acre lots; and about 3,200 acres are zoned for [119]*119one and one-half acre lots.4 During the early 1970’s, other Martha’s Vineyard towns (Tisbury, West Tisbury, and Chilmark on their south shores) as well as Nantucket adopted three-acre zoning for portions of their towns.

The trust owns 215 acres in the RA-120 district abutting the Atlantic Ocean on the south and Edgartown Great Pond on the west. A farm on the locus is devoted to horticultural uses and has received a special assessment and tax rate under G. L. c. 61 A, § 4. Earlier in this decade, the trust submitted to the town’s planning board a fifty-four lot subdivision plan for the locus, each lot having in excess of three acres and twenty-five acres dedicated to open space. That plan was referred to the Martha’s Vineyard Commission. See St. 1977, c. 831. On February 10, 1994, the commission voted to deny permission to grant the necessary development permits.5

The judge considered extensive expert testimony from both sides in relation to the permissible statutory objectives of zoning and concluded that there was a substantial relation between the by-law and the permissible objectives of zoning. He stated that the by-law “facilitates the provision of open space, conserves the value of land, promotes the conservation of natural resources, prevents blight and pollution of the environment, and preserves the Island’s unique natural, ecological and other values.” The judge credited the testimony of the town’s expert, a marine ecologist specializing in coastal areas, to conclude that the effect of nitrate loading on drinking water and on Edgar-town Great Pond justified three-acre zoning in the RA-120 district to protect the public health, water, water supply, and water resources. He also concluded that the three-acre requirement allowed a reasonable margin to provide for future problems. The judge identified an independent justification in the “unique ecological integrity of the area including coastal waters, embayments, plant and animal life.”

The judge considered the trust’s claim that the area requirement of the RA-120 district excluded certain people from the town. He said: “Edgartown is located on a relatively small [120]*120island with limited accessibility and with inherent resulting economic issues including those of supply and demand. In addition, it is apparent that the setting, topography, weather and natural resources make the entire island highly desirable as a vacation and retirement area. One would reasonably expect such factors to exert an increasingly upward pressure on the price of real estate. Zoning most likely makes some contribution to such pressures, but there is herein a lack of credible evidence as to how and to what extent if any, zoning factors contribute to the availability (or unavailability) of real estate, and more importantly, whether or not the determinative factor of the equation is large lot zoning. I note further the lack of evidence of any person being denied housing because of, or largely because of, such zoning constraints.”

We turn first to general principles that guide our decision. In a sense, insular thinking is appropriate here. The values that the town seeks to protect are not simply local ones. The Legislature has recognized “a regional and statewide interest in preserving and enhancing” Martha’s Vineyard’s “unique natural, historical, ecological, scientific, cultural, and other values,” values that may be irreversibly damaged by inappropriate uses of land. St. 1977, c. 831, § 1. In a challenge to an Edgartown zoning by-law, the Legislature’s expression of public interest in the preservation of the qualities of Martha’s Vineyard is a relevant factor. See Sturges v. Chilmark, 380 Mass. 246, 256 (1980). The Legislature’s proclamation also blunts any claim that, in purporting to act to protect its environment, Edgartown is doing so only in support of its parochial interests.

The fact that Edgartown is on an island is important in another respect. Edgartown is not a rural or suburban municipality lying in the path of suburban growth. The trust’s claim that large lot zoning is exclusionary, and thus particularly suspect, lacks the force it might have in many other situations. The trust did not establish, nor indeed did it seek to prove by direct evidence, that people were excluded from settling in Edgartown because of three-acre zoning in approximately half the town. In discussing a challenge to a zoning provision of another Martha’s Vineyard town, we said that “in a rural, as opposed to a suburban, setting, where no showing has been made of regional demand for primary housing, the public interest in preserving the environment and [121]*121protecting a way of life may outweigh whatever undesirable economic and social consequences inhere in partly ‘closing the doors’ to affluent outsiders primarily seeking vacation homes” (citation omitted). Sturges v. Chilmark, supra at 255. We reject any suggestion that Edgartown’s three-acre zoning is presumptively exclusionary and that, therefore, the town should have the burden of proving the reasonableness of the zoning regulation.

Apart from its argument that the burden falls on a municipality to justify its large lot zoning because it is exclusionary, the trust argues, in any event, that the traditional, heavy burden on one challenging the constitutionality of a zoning law should not be imposed in a challenge to large lot zoning. We do not agree. The general rule is that a zoning by-law whose reasonableness is fairly debatable will be sustained. See Sturges v. Chilmark, supra at 256; Aronson v. Sharon, 346 Mass. 598, 602 (1964). On occasion the court has adopted the criminal law concept of proof “beyond reasonable doubt” to describe the burden that is placed on one challenging the validity of a zoning provision. See, e.g., Crall v. Leominster, 362 Mass. 95, 102 (1972); Caires v. Building Comm’r of Hingham, 323 Mass. 589, 594 (1949).

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Bluebook (online)
425 Mass. 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-town-of-edgartown-mass-1997.