[{"_1":2,"_123":-5,"_124":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,99,111],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6243729,"mediaKeyId","3237781-6cbef4ba2d65f00558da6cab9c3296ba","parentId",3237781,"title","Conservation Commission: votes at a glance — May 8, 2025","audioSeconds",1366,"startMs",3064000,"endMs",4430000,"viewUrl","/Search/View?dp=1&key=3237781-6cbef4ba2d65f00558da6cab9c3296ba&start=3064&end=4430","thumbnailUrl","https://assets.pipeline.soar.com/3237781-6cbef4ba2d65f00558da6cab9c3296ba/thumbnail_3064000.jpg","articleUrl","/articles/6243729/Nantucket-County/Massachusetts/Conservation-Commission-votes-at-a-glance-May-8-2025","mediaUrl","https://secure.pipeline.soar.com/6243729-6e93b11398f9deef072eef42f7b8d219/orig.mp4?Expires=1771020747&Signature=Ev8uq69aL50n7XvfwQtzVclIuQiUWXnO-ojtAfEewr0dNI4kQQWuVaqGdep~W8HXTZbGcy9H5-wJgt8Iu0fXOzUU91MYxczX20FBqZpF~ujf~Sb5HkTy~cuIK6LFp23OwLgZvaIUw-T8gYjj1YTHMfepyacFLNXEXRHhu5FRQKhAwcpGw0HLQ55mlvORBaPPvd4R9vCFXFCJSDHUF~P8a-1YJPoWQMmubnf3-TvpKt3hIGC1HEqSYG9F3qGErbQBr-GbVIg5PsqPq66XwxdNsCUHu4eJqt2AxhCnr66UH52Szb~3EmPB5LC~3aJ76QSOzVpC20CkIRE16mIhLRiIYQ__&Key-Pair-Id=KUT5TJCACFTXG","author","Town-County of Nantucket, MA","date","2025-01-03T18:49:28Z","article","At its May 8 meeting the Nantucket Conservation Commission issued multiple routine decisions including orders of conditions, requests for determinations and certificates of compliance. These items were procedural or non-controversial and were approved by roll call unless noted below.

Votes at a glance

- Purcell, 32 Dukes Road (RDA / no waiver required): motion to close and issue order of conditions as drafted — approved unanimously by roll call vote. Conditioned on standard items including lighting, plantings and agricultural chemicals where relevant.

- Madryn Lake LLC, 26 Monomoy Road (Order of Conditions amendment): approval to issue order as drafted for proposed regrading in the buffer zone — approved unanimously; commissioners confirmed conditions 18 and 19 remain in place.

- Nantucket Islands Land Bank: Long Pond Landing (two expired permits / certificates of compliance for SU482871 and SU482938): certificates of compliance issued for demolition/abandonment and for completed parking/pathway work; staff recommended no continuing conditions and the commission approved both certificates unanimously.

- Several minor modifications and administrative approvals were issued, including a minor modification allowing fertilization at Foxtown Farm (Nantucket Islands Land Bank) and a minor modification to rotate a previously permitted tiny house on Ocala Lane. All minor modifications were approved by roll call vote.

- Delineation requests and RDAs: The commission issued a Negative-5 determination for emergency dolphin-rescue work at the Steamship Authority slip and a Positive-2A determination confirming several wetland boundaries for Sankaty Head Golf Club; both determinations were approved by roll call vote.

- Certificates of compliance: The commission issued certificates of compliance for several expired permits after staff site visits confirmed compliance; ongoing conditions were retained only where noted (for example, lighting conditions where applicable). All certificates reported were issued by roll call.

Why it matters: the items approved in this roundup are mostly administrative and allow routine work to proceed or confirm completion of previously permitted work. The commission reserved more detailed review for larger, contested items elsewhere on the agenda.

What happens next: standard permit compliance monitoring will continue; staff will retain records and follow up on any ongoing conditions listed in each order of conditions or certificate of compliance.","mediaType","Video","parentTitle","Nantucket Conservation Commission - May 8, 2025","oneSentenceSummary","The Nantucket Conservation Commission issued several routine orders, determinations and certificates of compliance at its May 8 meeting. This roundup lists each action, the outcome and any next steps.","taxTitle","Nantucket County, Massachusetts","taxId",61456,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6243734,"Nantucket Islands Land Bank granted amended order for Long Pond Landing ADA upgrades",899,2103000,3002000,"/Search/View?dp=1&key=3237781-6cbef4ba2d65f00558da6cab9c3296ba&start=2103&end=3002","https://assets.pipeline.soar.com/3237781-6cbef4ba2d65f00558da6cab9c3296ba/thumbnail_2103000.jpg","/articles/6243734/Nantucket-County/Massachusetts/Nantucket-Islands-Land-Bank-granted-amended-order-for-Long-Pond-Landing-ADA-upgrades","https://secure.pipeline.soar.com/6243734-3e34bd2816db21314c10d9c60eef3bd1/orig.mp4?Expires=1771020747&Signature=OwT25J91zX0f36IhqqtC8lnd1Si8N1-mOs8H7tPIQMhz9D750IsxFPOq7MwckkBlj3oz0VC9IQ3vbBmr4J0jRYx4L0S3gIqeDKY~OfqnZwCUpB6o0dfmB92nwnm4cYUltqi9~olNDC2YYU8rTM7C17FD52mDB~O5podnLqra9~Yx9yHWivoHDXOfZBjQ8cW4Tr2eN0MFPqZ761uJskrk4u7ZdsBbhUZWOoLKQkwiPunV4uThrhEFuXG~njLnSBPSJdvsqwaSgNkZkudi-MSDquv4tM8EG8rsM0xoEaZ7q7K99n7lApOrDbYzs09Zrz-KmHGlWN7BXSQi2Dy2F4iPzg__&Key-Pair-Id=KUT5TJCACFTXG","The Nantucket Conservation Commission issued an amended order of conditions to the Nantucket Islands Land Bank allowing accessibility upgrades at Long Pond Landing, including an ADA parking space, revised walkways and adjustments to an existing sitting area and elevated walkway to the pier.

Liz Phelps represented the Land Bank and said the work addresses accessibility: a concrete ADA parking space within the existing lot, refinishing an existing sitting area with a flush timber-grade deck and adding a wood walkway from the ADA spot to an existing elevated walkway. Phelps said the Land Bank had collaborated with the Town disability commission and initially requested a waiver but, on further review, staff and commissioners concluded that the small wooden walkway is water-dependent because it provides access to the water and therefore does not require a waiver.

Commissioners discussed whether the wood path extended into the 25-foot buffer; Linda Williams and others argued that handicap access to reach water is considered water-dependent. The commission removed the waiver language and changed the plan-of-record date to the newest drawing. A roll-call vote approving the amended order (motion to approve as amended by John Schafer; second Mike Mizzarelli) carried unanimously.

Why it matters: the Land Bank’s work is intended to increase ADA accessibility at a popular pond landing while maintaining protections for adjacent resource areas. By treating the brief wooden connection to the existing elevated walkway as water-dependent, commissioners avoided imposing a waiver requirement while still adding conditions to ensure minimal buffer impacts.

What happens next: the order includes the updated plan date and requires compliance with stated conditions in the amended order; staff will monitor construction to confirm work stays within the water-dependent elements and that no unauthorized buffer impacts occur.","The commission approved an amended order of conditions allowing the Land Bank to make ADA upgrades to parking and walkways at Long Pond Landing; commissioners treated a small boardwalk section as water-dependent and removed a waiver requirement.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6243739,"Commission authorizes short-term enforcement order to allow delivery of sand from 64 Baxter Road to Hooke’s Hollow geotube site",3494,5786000,9280000,"/Search/View?dp=1&key=3237781-6cbef4ba2d65f00558da6cab9c3296ba&start=5786&end=9280","https://assets.pipeline.soar.com/3237781-6cbef4ba2d65f00558da6cab9c3296ba/thumbnail_5786000.jpg","/articles/6243739/Nantucket-County/Massachusetts/Commission-authorizes-short-term-enforcement-order-to-allow-delivery-of-sand-from-64-Baxter-Road-to-Hookes-Hollow-geotube-site","https://secure.pipeline.soar.com/6243739-1001b020157b60ea061757433dc5a1f4/orig.mp4?Expires=1771020747&Signature=gk8mrKbUfm4rJ45-CUtOth~Vj9tMVvMylaWaJ8qsQXy~AC7d5Ux8NNVOJPMDy~sVMv4xrsqRpGVeF4QGi2bOsszR7fuof4h5Z0qMi0fubFe4KtcNBxhEl-ybiuAOE2Ie55IBrcxNnU3cg6Lwbtx8naFXhjmCrRz6mXx5Ua6eFJs-LsbEYSPNhxaH1~zP8Vb9TsPDessKeloPDSZPWU-k8-FaJ1VjGMWDSkeNwSPNSxP9aHCM4phHau2iOK37pUFcpFKFDNPfSQevqK5u7UqIjsv8zDFrOo~MpdN3EWJyZUN3xK7E5~CdTGH0tEjJL6~Y-ehYBXHWkMg-tOOmFEPMoA__&Key-Pair-Id=KUT5TJCACFTXG","The Nantucket Conservation Commission issued a time-limited enforcement order authorizing the delivery and placement of compatible sand from an excavation at 64 Baxter Road to the Hooke’s Hollow geotube project. The action was requested by the Sankaty Beach Preservation Fund (SBPF) and town staff, who told the commission the material would otherwise be removed from the island.

SBPF representatives and counsel described the sand as medium-to-coarse material from the same general bluff area; counsel said sieves, grain-size analysis and Munsell soil-color data support compatibility with the parent beach and bank sediments. “We believe that we have compatible sand,” counsel said, and the SBPF agreed to provide Munsell color data and additional documentation to staff. Town Natural Resources staff and a select-board representative had recommended the placement to advance shoreline resilience efforts.

Because an existing state-filed order for a nearby permit (SE 48-3736) is subject to appeal, commission staff recommended and counsel confirmed a separate, limited enforcement order would permit emergency-like placement of nourishment without amending or reopening other final orders. Town counsel advised that the commission can proceed with a distinct enforcement order with adequate conditions and that such a limited order does not require an additional town meeting license.

The enforcement order the commission adopted includes these principal conditions: imported material must match bank/beach samples for Munsell color, grain size and angularity; SBPF must provide original laboratory results and Munsell comparisons to commission staff prior to placement; every truck delivery must be logged and photographed; staff must receive an as-built narrative and photographic monitoring report within 30 days of completion documenting delivery and cover volumes; and all work on the ramp or seaward face must use approved vehicle types and receive Natural Resources Department sign-off.

Commissioners discussed logistics for the temporary ramp material and asked that staff monitor deliveries; they also agreed it would be useful to photograph placement and to require a post-installation report documenting the final coverage and volume placed. Chair Seth Engelberg directed Will (conservation staff) to sign and issue the enforcement order expeditiously so the contractor could retain the material on-island; the commission voted unanimously to authorize the order with the stated conditions, and staff will ratify the action at the May 22 meeting.

Why it matters: about 3,000–4,000 cubic yards of compatible sand would be retained on-island and used to both rebuild a temporary ramp for machinery access and to cover geotubes that have been installed to stabilize Hooke’s Hollow. The placement supports short-term littoral input and avoids off-island transport of excavation material.

What happens next: SBPF must submit the requested laboratory and Munsell data to commission staff before placement commences; all deliveries and daily photo monitoring must be recorded and a post-installation report submitted within 30 days of completion. Staff will sign the enforcement order immediately and return it for ratification on May 22.","The commission issued a time-limited enforcement order allowing delivery and placement of compatible sand from an on-site excavation (64 Baxter Road) to cover geotubes and rebuild a ramp at Hooke’s Hollow; the order includes sampling, photo-monitoring and delivery-log conditions.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6243744,"Commission amends enforcement order at 14 Clover Lane — plantings installed, fence and lighting deadlines set; town counsel to draft fine options",4437,4663000,9100000,"/Search/View?dp=1&key=3237781-6cbef4ba2d65f00558da6cab9c3296ba&start=4663&end=9100","https://assets.pipeline.soar.com/3237781-6cbef4ba2d65f00558da6cab9c3296ba/thumbnail_4663000.jpg","/articles/6243744/Nantucket-County/Massachusetts/Commission-amends-enforcement-order-at-14-Clover-Lane-plantings-installed-fence-and-lighting-deadlines-set-town-counsel-to-draft-fine-options","https://secure.pipeline.soar.com/6243744-87ff416c1c4fbbbbf5e3d446ecb951a1/orig.mp4?Expires=1771020747&Signature=n5VoVGzFimhCdScAG1DZfFQHLEkdxtDu2fJdl3-83qvNeP8veicNmpbdgAETgWukFbmyc4MUapxnYKpedRjP-mCq58Kv5fBA4TYDDei9Yasd42qRf2rZHhGmGwvJ~UOg310rt0~PhnNARikVgMA8HMQEx2S-kkfZeRMKGolc0rc6CONTGFaEcuHuQap3URGFYrjh8JTltabUXXr1SmYGJeo4pfBcAKPvOwj~v0RDGrNWKnbWWbAYdwDTJfWLTxkKR~~~PK4s23-dj8BqgV~BFCeU0z29zkufjmiD0-3cBmmxd4~Ux2rwlNosjxgNahwKKP24Vt0c9hvuRMXtMcEMTg__&Key-Pair-Id=KUT5TJCACFTXG","The Nantucket Conservation Commission took further action on an enforcement case at 14 Clover Lane, where unauthorized vegetation clearing and other unpermitted work had been the subject of an earlier enforcement order.

Conservation staff reported that professional contractors installed the restoration plantings required by the enforcement order and that temporary irrigation and deer-protection work were in progress. Brian Madden, representing the property owner’s team, confirmed that plantings received “a heavy dosing of watering immediately after planting” and said Water Works was installing temporary irrigation. Madden said deer-fencing “has not yet fully been completed” but was in progress.

Abutters and their counsel said the planting work had been slow to materialize and that some required plantings remain on abutter properties. Attorney Dan Bailey, representing neighbors, said his clients remain concerned that plantings on adjacent parcels at 12 and 16 Plover Lane — which Bailey said were also damaged — have not been installed and that his clients would not agree to release claims simply in exchange for plantings. Bailey said his clients want shore- and site-specific monitoring, watering and invasive-species controls included in any final settlement.

The commission amended its enforcement order to set two near-term deadlines: all on-site outdoor lighting must comply with the Nantucket outdoor-lighting code by June 5, 2025; and an unpermitted fence installed on the site must be removed or replaced with an approved, functioning deer-protection system by June 5, 2025. Commissioners said they would permit temporary, functional deer protection while plantings establish, but rejected keeping the unpermitted fence that runs along the lot line; staff reported the existing wire/privacy fence is a weak deterrent to local deer and likely to be ineffective for plant protection.

Commissioners also discussed monetary penalties. Town counsel George Pucci advised the commission there are a range of enforcement options: the commission can assess penalties and pursue a civil penalty action under the Wetlands Protection Act, but the process can require select-board authorization and may ultimately be adjudicated in court. Pucci noted the commission’s updated fee schedule already includes an ‘after-the-fact’ penalty payment submitted with the recent notice of intent filing; that sum had been paid and will be considered as the commission and counsel evaluate next steps.

Chair Seth Engelberg asked counsel to prepare a memo outlining legal options, likely timing and procedural steps; counsel agreed and will provide a written memo and attend the June 5 meeting if needed. Commissioners were split on whether to pursue fines immediately but a majority signaled they wanted options prepared: four commissioners supported pursuing a monetary penalty option and asked for a legal memo, two commissioners asked for more time and consideration of compliance steps before a penalty, and one commissioner was undecided. The commission scheduled the next discussion and potential action for the June 5 meeting to coincide with the notice of intent filed by the property owner.

Why it matters: neighbors and the commission described the clearing as a significant, unpermitted disturbance to buffer-zone vegetation and wetland-adjacent land. The commission used its enforcement authority to secure restoration plantings, set near-term compliance deadlines for lighting and the unpermitted fence, and to pursue legal advice on civil penalties to deter similar conduct.

What happens next: staff will monitor planting survival and irrigation; the commission directed town counsel to draft enforcement/penalty options and appear June 5. If neighbors and the property owner cannot reach an agreement about plantings on abutting parcels, the commission may consider additional enforcement or bond/assurance requirements in the pending notice-of-intent review.","After on-site plantings were installed, the commission amended an ongoing enforcement order at 14 Clover Lane to require lighting compliance and removal of unpermitted fence by June 5 and asked town counsel to prepare options for civil penalties.",{"_33":112,"_35":36,"_37":38,"_39":113,"_41":114,"_43":115,"_45":116,"_47":117,"_49":118,"_51":119,"_53":120,"_55":56,"_57":58,"_59":121,"_61":62,"_63":64,"_65":122,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6243749,"Nantucket Conservation Commission closes hearing, approves amended order for 76 Eel Point Road project",2379,271000,2650000,"/Search/View?dp=1&key=3237781-6cbef4ba2d65f00558da6cab9c3296ba&start=271&end=2650","https://assets.pipeline.soar.com/3237781-6cbef4ba2d65f00558da6cab9c3296ba/thumbnail_271000.jpg","/articles/6243749/Nantucket-County/Massachusetts/Nantucket-Conservation-Commission-closes-hearing-approves-amended-order-for-76-Eel-Point-Road-project","https://secure.pipeline.soar.com/6243749-7586068b58acd2b4866e2237f4a3dda5/orig.mp4?Expires=1771020747&Signature=GuM5noyYr1qhTB4NoldmD~CjIpQshRfCYpN9LGufdHvQCCPvibIMImTc~Zca95531aGWGjxDSYW-ifHieEb3nC0oOzEizYvlnyW4C2IglMvib7zLiopyHu0NaKppAev38JHE4359TWUwMJtHNXazy~jxKBlz47HenYa3~SDW~ziA9j5XVGarmmSTpK-vFb1n~GMqLWhhPUwkQXz42ji0rWQvovKgnIiTEOMrH91ReH6oGPmAhQvz354os8JOZ~Q0bnTI1ESn0OzU1px2xnsYuRmMBQe2xB6p5W18t~i~RrzsKFGkMgeGq~mqQyVwm0~IlVFwqoCt0mYYg1KPhRrHUQ__&Key-Pair-Id=KUT5TJCACFTXG","The Nantucket Conservation Commission closed the public hearing on a notice of intent filed by 3 Star Farm LLC for work at 76 Eel Point Road and subsequently approved an amended order of conditions after commissioners and abutters raised questions about large volumes of fill, stormwater capture and potential impacts to nearby wetlands.

The project team — represented by Mark Ritz and engineer Dan Malloy — provided revised plans including a cross section, construction sequencing, additional infiltration capacity and a construction fence to limit encroachment onto an abutter’s property. “We have included a site plan that shows a cross section through jurisdictional areas of work,” Ritz said, adding the submission includes additional infiltration so “now we’ll be capturing everything.”

The commission’s deliberations focused on the scale of fill, changes to existing topography and whether the project would change how stormwater moves toward nearby wetlands. Commissioner RJ Turcotte asked whether the proposed infiltration pits would sit below utilities, pool and cabana elevations; Dan Malloy replied that “the bottom of the leach pits [are] right around elevation 12… the bottom of the propane tank… probably only be 4 or 5 feet underground,” producing a differential of “6 to 10 foot” in places. Turcotte also noted the project moves ground from elevation around 10 up to about 26 feet across an area he estimated at about 8,300 square feet and said he was “wrestling with how this isn’t going to fundamentally change how a raindrop that lands there right now is gonna find its way down” to downstream wetlands.

Public comment included representatives of the Nantucket Land and Water Council and counsel for abutters. Willa Arsenal of the Land and Water Council urged the commission to require a waiver because, she said, the need for mitigation indicates the project “doesn’t meet the performance standard of 3.02(b)(2)” and that a waiver would give the commission “more leverage to require more information about this project or ask for an alternative analysis.” Natalie Kaufman, counsel for abutters, pressed the commission to consider cumulative impacts from multiple structures and accessory uses that she said intensify development in a sensitive area.

Commissioners asked for, and the applicant acknowledged they did not have, a calculated volume of imported fill; Dan Malloy said the team had not calculated cubic yards and did not want to give a guess on the record. The applicant did confirm most of the cut-and-fill material would come from the on-site excavation (he estimated roughly 50–75% of needed material could come from on-site excavation).

The commission voted 4–3 to close the public hearing. Later in the meeting, after editing a findings page and adding a condition referencing outstanding Heritage/NHESP review, the commission approved the amended order of conditions (motion to approve as amended made by Commissioner John Schafer; seconded by Commissioner Mike Mizzarelli). The roll call on approval recorded five votes in favor and two opposed; staff will condition final work on compliance with any Heritage/NHESP requirements and the revised plan of record.

Why it matters: commissioners pressed the project on large changes in elevation adjacent to wetlands, long-term stormwater routing, and cumulative development patterns on the north end of Trot’s Hill. The commission approved an amended permit but attached an explicit link to outstanding heritage review and asked for monitoring/documentation to ensure mitigation measures function as intended.

What happens next: the order is conditioned on Heritage/NHESP findings; the permit includes a revised plan of record and conditions requiring the stormwater/infiltration measures described in the revised submission. The commission requested additional deliverables and monitoring for the project during construction and after initial site work is complete.","After extended technical review and public comment, the Conservation Commission closed the public hearing on the 3 Star Farm LLC project at 76 Eel Point Road and approved an amended order requiring additional conditions, including awaiting Heritage/NHESP review.","actionData","errors"]

Article not found

Conservation Commission: votes at a glance — May 8, 2025

Nantucket Islands Land Bank granted amended order for Long Pond Landing ADA upgrades

Commission authorizes short-term enforcement order to allow delivery of sand from 64 Baxter Road to Hooke’s Hollow geotube site

Commission amends enforcement order at 14 Clover Lane — plantings installed, fence and lighting deadlines set; town counsel to draft fine options

Nantucket Conservation Commission closes hearing, approves amended order for 76 Eel Point Road project