Nantucket Commission reviews preexisting use waiver for Dunes Dining amid ecological concerns

January 03, 2025 | Nantucket County, Massachusetts


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Nantucket Commission reviews preexisting use waiver for Dunes Dining amid ecological concerns
The Nantucket Conservation Commission meeting on July 10, 2025, spotlighted a contentious debate over a proposed project near sensitive dune areas, with significant implications for local environmental management. The discussion centered on whether the project would have a negligible impact on the dunes, a claim contested by the Nantucket Land and Water Council.

Commissioner Humphrey argued that the project posed no adverse effects on the dune system, asserting that evidence supported a negligible impact. He dismissed concerns raised by the Land and Water Council regarding potential long-term risks to the dunes' stability and ecological integrity. "I disagree with the comments... that the project increases the risk of this area becoming more vulnerable to erosion and coastal storm damage," he stated, emphasizing his confidence in the project's minimal impact.

However, the commission's chairman highlighted the need for definitive proof of continuous use of the site since before local regulations were enacted. He expressed discomfort in granting a preexisting use waiver without substantial evidence, such as surveys or historical documentation, to confirm that the site had not been abandoned for five years or more. "We need definitive data... to really say that this qualifies for a preexisting use waiver," he noted.

Public comments added further complexity to the discussion. Willa Arsenal, representing the Nantucket Land and Water Council, urged the commission to consider the broader implications of allowing commercial use in sensitive areas, warning that it could set a dangerous precedent for future projects. Meanwhile, Danielle De Benedictis, a trustee of the Summer House, passionately defended the site's historical use, asserting that it had been continuously operational since the 1980s and offering to provide additional evidence to support her claims.

As the meeting concluded, the commission faced the challenge of balancing development interests with environmental protection. The outcome of this debate could significantly influence future conservation efforts on Nantucket, as the commission seeks to uphold its regulatory responsibilities while navigating community interests. The next steps will involve gathering more evidence to clarify the historical use of the site, as the commission prepares to make a decision on the proposed project.

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