Woods Hole, Martha's Vineyard & Nantucket Steamship Authority v. Martha's Vineyard Commission

405 N.E.2d 961, 380 Mass. 785, 1980 Mass. LEXIS 1157
CourtMassachusetts Supreme Judicial Court
DecidedJune 4, 1980
StatusPublished
Cited by10 cases

This text of 405 N.E.2d 961 (Woods Hole, Martha's Vineyard & Nantucket Steamship Authority v. Martha's Vineyard Commission) 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
Woods Hole, Martha's Vineyard & Nantucket Steamship Authority v. Martha's Vineyard Commission, 405 N.E.2d 961, 380 Mass. 785, 1980 Mass. LEXIS 1157 (Mass. 1980).

Opinion

Quirico, J.

This case was reserved and reported without decision by a judge of the Superior Court; The plaintiff (Authority) brought an action there “for declaratory and injunctive relief . . . pursuant to Section 18 of Chapter 831 of the Acts of 1977, M.G.L. c. 23[1]A, § 1, and M.G.L. c. 30A, § 14,” to the effect that the Authority is not subject to the regulatory powers of the defendant (Commission) with regard to the Authority’s proposed construction of a second ferry slip and repairs to an existing slip in the Vineyard Haven Harbor of Martha’s Vineyard. The Authority also asked the Superior Court judge to “annul the decision of the Commission dated June 7, 1979 pursuant to [St. 1977, c. 831, § 18].” We hold that the Authority is, within certain limits, subject to regulation by the Commission. Because there was no evidence heard in the Superior Court concerning the validity of the Commission’s decision pursuant to St. 1977, c. 831, § 18, we remand the case for further proceedings on that question.

1. The Authority. The Authority was created by St. 1960, c. 701,1 as a “body corporate . . . which shall be deemed to be a public instrumentality for the purposes of this act.” Id. § 3. Its purpose is “to provide adequate transportation of persons and necessaries of life for the islands of Nantucket and Martha’s Vineyard,” and to that end it is empowered to “purchase, construct, maintain and operate necessary vessels, docks, wharves, other vessels, equipment, furniture and supplies.” Id. § 1. It consists of three members: one resident from the town of Nantucket appointed by the selectmen thereof, one from the county of Dukes County appointed by the county commissioners, and one resident from the town of Falmouth appointed by the selectmen. Id. § 3. See St. 1963, c. 494.

The Legislature has enumerated specific powers of the Authority in St. 1960, c. 701, § 4, as amended through St. 1965, c. 437. These include the power to “acquire, main[787]*787tain, repair and operate a boat line,” to issue bonds, fix rates (subject to a limited power of regulation by the Department of Public Utilities), to “adopt by-laws for the regulation of its affairs and the conduct of its business,” to make contracts, to employ and insure persons, to seek and accept Federal grants, and “to acquire, hold and dispose of real and personal property, including additional vessels and fixtures, for its corporate purposes.” The Authority is exempt from State taxation. Id. § 6. Should the operating expenses of the Authority exceed the combination of its income and the statutory reserve fund, the Commonwealth is directed to pay the deficit and is authorized to recoup those funds from certain municipal and county governments, in certain stated proportions. Id. § 9.

The Authority’s enabling legislation further provides that the act, “being necessary for the welfare of the commonwealth and its inhabitants, shall be liberally construed to effect the purposes thereof,” and that “[a] 11 other general or special laws, or parts thereof, inconsistent herewith are hereby declared to be inapplicable to the provisions of this act.” Id. §§ 17, 19.

The Authority’s enabling act has been amended several times since 1960. Most of the amendments have involved details such as financing and membership in the Authority and in its financial advisory board.2 Others have mandated certain service routes or allowed other routes in the discretion of the Authority.3 Other amendments dealt with various functions of the Authority not relevant here.4 Two 1979 amendments required the Authority to hold annual public hearings in towns serviced in order to determine schedules, and to publish notice of the hearings. St. 1979, cc. 102,140.

[788]*788The Authority is no stranger to this and other courts of the Commonwealth. On several occasions we have been asked to decide questions involving the scope of its administrative powers and related matters.5

2. The Commission. The Legislature created the Martha’s Vineyard Commission by St. 1974, c. 637. The enabling act was superseded by St. 1977, c. 831. A further amendment in 1979 changed the process of making Commission regulations to include participation by a greater number of town bodies. St. 1979, c. 319.

The Commission was created in response to studies which predicted that, unless action was taken, the unique natural, cultural, and historical beauty of the Nantucket Sound islands would be lost in the quest for private development, particularly for the second-home market. Gifford, An Islands Trust, 11 Harv. J. on Legis. 417, 418, 425-428 (1974). In 1972, a bill was introduced in the United States Senate which would have created a Federal trust in the [789]*789islands, and have granted extensive powers to the Secretary of the Interior, but local reaction to the bill was negative because of a fear of Federal control. See id. at 418-433; 119 Cong. Rec. 17576-17578 (1973).6

The provisions of the 1974 Commission statute were detailed in Island Properties, Inc. v. Martha’s Vineyard Comm’n. 372 Mass. 216, 218-222 (1977). Rather than itemize the relatively minor changes which were made in the 1974 statute by the 1977 statute, we shall describe the 1977 statutory scheme.

The purpose of the Commission is to “protect the health, safety, and general welfare of island residents and visitors by preserving and conserving for the enjoyment of present and future generations the unique natural, historical, ecological, scientific, and cultural values of Martha’s Vineyard which contribute to public enjoyment, inspiration and scientific study, by protecting these values from development and uses which would impair them, and by promoting the enhancement of sound local economies.” St. 1977, c. 831, § 1. The statute was enacted in response to legislative declarations of facts concerning threats to the island’s unique value.7

[790]*790The Commission is composed of twenty-one members, nine of whom are elected from the towns on the island, and the remainder of whom are appointed by town boards of selectmen, the county commissioners, and the Governor. Four of the five members whom the Governor appoints are “persons whose principal residence is not on Martha’s Vineyard,” and these four have “voice but not vote.”* ******8 All members serve for terms of two years. Id. § 2.

The principal substantive areas of authority of the Commission are the designation of areas of critical planning concern (CPC areas) and of developments of regional impact (DRI’s), and the regulation of development in these designated areas or projects. Id. §§ 8-12. Because the Commission designated the proposed construction in the present case a DRI, we shall describe the statutory provisions for DRI’s in some detail.

The Legislature has furnished a general definition of DRI’s: “the types of development which, because of their magnitude or the magnitude of their effect on the surrounding environment, are likely to present development issues significant to more than one municipality of the island of Martha’s Vineyard.” Id. § 12.9 The Commission is [791]

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Bluebook (online)
405 N.E.2d 961, 380 Mass. 785, 1980 Mass. LEXIS 1157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-hole-marthas-vineyard-nantucket-steamship-authority-v-marthas-mass-1980.