The Nantucket Conservation Commission closed the public hearing on the Gonzo Beach Preservation Fund’s Notice of Intent for 41–119 Baxter Road (SC483736) on the motion of Commissioner Joe Plandowski, seconded by Commissioner Mike Mizzarelli; the vote to close was unanimous. The application seeks to retain and expand shoreline protection measures at Baxter Road and resolve mitigation owed under a prior permit (SE48‑2824), but commissioners and co‑applicants remained sharply divided over how much “makeup” nourishment sand must be required.

The dispute matters because the parties disagree on whether the commission should require a mathematical remediation equal to the prior permit’s deficit — a staff calculation of roughly 105,465 cubic yards — or a much smaller package proposed by the applicant and discussed with the town (about 26,000–27,000 cubic yards in various filings). The contested number ties directly to an earlier enforcement/removal order for SE48‑2824 and shapes whether and how the present project may proceed.

Seth Engelberg, chair of the Nantucket Conservation Commission, said commissioners had heard sufficient evidence to deliberate but emphasized the commission’s regulatory role: “Our job is to rectify past issues, that may have caused impacts of wetland resource areas and to issue permits that are going to minimize adverse impacts to the most feasible extent possible.”

Jeff, a member of the Nantucket Natural Resources Department staff, walked commissioners through the town’s calculation: “The number that we got to the end was the 105,465 cubic yards of material that would have been required by SE48‑2824.” Jeff said that figure began with the deficit identified in a prior annual report (about 47,000 cubic yards) plus the annual requirement (about 20–22,000 cubic yards per year) for each year the permit remained valid, minus sand the applicant later placed on the beach.

The applicant’s counsel, Chip Nylund, said the applicants believed they had addressed the commission’s performance standards in the draft order of conditions and urged the commission to conclude the hearing: “it’s probably the worst kept secret in town that we have not been able to reach an agreement.” Meredith Moldenhauer, representing the applicant group (SPPF), urged the commission to set a science‑based remediation amount and noted the applicants’ preference that the commission exercise its authority to determine the required number.

Town representatives pressed a different position. Vince Murphy, the town sustainability manager, said the town and select board expect the full mitigation required by the prior permit to be addressed: “We would like to see all of the required, nourishment sand placed on the site.” Murphy said he had sought input from select board members and that those conversations strongly favored holding the applicant to the prior permit’s mitigation volume.

Commission discussion ranged widely. Some commissioners said they would accept an adaptive approach that spreads nourishment over multiple years; others insisted on restoring the prior permit’s conditions as originally required. Commissioner Linda Williams repeatedly sought clarity on timing and mechanism, saying she did not want to require unnecessary placement of sand and asking how monitoring and a later adaptive decision would prevent “dumping” sand where it is not needed.

Multiple public commenters urged robust monitoring and timely remediation. Emily Molden of the Nantucket Land and Water Council asked that any sand contribution be tied to the life of the permit and that failure criteria include volume thresholds for the makeup sand. Several Baxter Road property owners and local organizations, including the Sconset Trust and the Nantucket Coastal Conservancy, described the bluff and Baxter Road as public‑facing, high‑value resources that the community expects the commission and town to protect.

Legal counsel for the commission confirmed that the conservation commission has discretion to require remediation for the outstanding enforcement order and to specify timing or staging. Attorney George Pucci told the commission the decision about amount and timing was within the commission’s jurisdiction.

Rather than adopt a final numeric requirement at the hearing, commissioners voted to close the public hearing and direct staff to prepare final draft orders (a split set for state and local permitting was discussed) for later review. The commission asked staff to correct typographical and numbering issues, incorporate the hearing’s technical conditions (monitoring, adaptive sand management, failure criteria, escrow for removal, sand contracts and on‑site storage) and return the draft for final deliberation; staff said cleaned drafts could be ready for the commission’s packet ahead of its March 20 meeting or at a special meeting if commissioners preferred.

The commission recorded several formal actions during the session: acceptance of the meeting agenda by unanimous roll call earlier in the meeting and the unanimous vote to close the SC483736 hearing and move to drafting orders of condition. Commissioners also unanimously moved to adjourn at the end of the session.

What’s next: the commission will have up to 21 days to issue orders of condition after the hearing closed; staff will circulate cleaned drafts (state and local orders) for commissioner review ahead of a March 20 public meeting or a special meeting scheduled as needed. The commission left open amendment of conditions after issuance if subsequent monitoring or new information shows adjustments are warranted.

Votes at a glance

- Motion to accept meeting agenda: approved by unanimous roll call (Tim Breen: aye; Mike Mizzarelli: aye; Joe Plandowski: aye; Linda Williams: aye; Seth Engelberg: aye).
- Motion to close the public hearing for SC483736 (Gonzo Beach Preservation Fund, 41–119 Baxter Road): moved by Commissioner Joe Plandowski, seconded by Commissioner Mike Mizzarelli; approved by unanimous roll call (Tim Breen: aye; Mike Mizzarelli: aye; Joe Plandowski: aye; Linda Williams: aye; Seth Engelberg: aye).
- Motion to adjourn meeting: approved by unanimous roll call (Tim Breen: aye; Mike Mizzarelli: aye; Joe Plandowski: aye; Linda Williams: aye; Seth Engelberg: aye).

The commission’s staff and counsel noted that any issued order of conditions may later be amended through standard procedures if the parties provide new data or the monitoring record warrants change.