Nantucket Conservation Commission November 2025: Coastal Engineering Debates, Summer House Enforcement, and 21 Project Reviews

The Nantucket Conservation Commission convened on November 6, 2025, for a comprehensive 110-minute meeting addressing 21 separate topics ranging from coastal engineering structure classifications to wetland boundary revisions and enforcement actions. The session highlighted ongoing tensions between property development, historical use rights, and environmental protection on the island.

Pocomo Road Coastal Engineering Structure Debate

The meeting opened with a significant discussion about a proposed fiber roll array and wooden sand drift fencing project at 86 and 88 Pocomo Road. ▶ Watch discussion The applicants argued their project should not be classified as a coastal engineering structure (CES), citing a similar project previously approved at 78 Pocomo Road in February.

Mark Ritz, representing the applicants, stated: "We feel that the Coir fiber rolls with sand nourishment anchoring and native vegetation plantings over them have been determined to not be a CES by this board in the past."

However, staff member RJ Turcotte disagreed, asserting: "These items constitute a coastal engineering structure." ▶ Watch debate

Attorney Steven Cohen argued for consistency in commission decisions, noting: "There's no reasonable or legal way for the Commission to change its determination without some substantial change in the regulations or the environment."

Resolution on CES Classification

After extensive debate about what constitutes a "structure" under existing regulations, commissioners emphasized the need to evaluate each project individually while maintaining consistent interpretative principles. Commissioner Mike noted: "Until it's changed in the regulation, I'm apt to view it as not needing a waiver."

The commission ultimately decided to:

• Remove fencing from the project
• Approve the fiber roll array and plantings as a non-CES project
• Maintain their interpretative framework for future similar applications

Summer House Nantucket Realty Trust: Enforcement and Historical Use

One of the meeting's most contentious topics involved the Summer House property and its long-standing practice of serving lunch in a sandy area near the pool. ▶ Watch presentation The discussion centered on unauthorized deck and shed construction, as well as the jurisdictional status of outdoor dining on coastal dunes.

Attorney Valerie Moore presented historical evidence dating back to the 1970s, arguing: "We continue to maintain that the act of carrying tables and chairs out to the dune, serving a meal and removing the chairs and tables, is not subject to regulation."

The commission heard testimony about pre-existing use under the Nantucket Wetlands Protection Act. ▶ Watch testimony Moore emphasized the strength of their evidence: "Having sworn personal testimony from living witnesses with personal knowledge of it is the best evidence you will ever get."

Commissioner Concerns and Split Decision

Commissioners expressed varying levels of comfort with the dining area's continued use. One commissioner stated bluntly: "I am not in favor of dining on the dune."

However, Commissioner John acknowledged the historical precedent: "I'm satisfied that the use has been there for a long time. Definitely predated the act."

▶ Watch continued debate The commission ultimately required:

• Limitation to historical table count: 10 six-seat tables maximum
• Seasonal restriction: Mid-June through mid-September only
• Precise documentation: Exact locations of table placements required

Commissioner Mike cited regulations stating: "No excavation to servants vegetated cover shall be allowed in the coast of dune unless the area is completely restored."

An initial vote to close the hearing failed (3 no, 2 yes), but a subsequent vote passed unanimously. ▶ Watch votes The commission directed staff to prepare both positive and negative orders of conditions for consideration.

West Assured LLC Wetland Boundary Revision

The commission reviewed an updated wetland boundary delineation at a West Assured LLC property, replacing a 2011 delineation with current conditions. ▶ Watch presentation The project included proposed fence relocation outside the 50-foot buffer zone.

Staff member Will confirmed: "I found the new, the revised delineation to be accurate."

Brian, representing the applicant, explained: "There's a pretty distinct shelf embankment along the pond down gradient of typical high water."

The commission unanimously voted to:

• Close the public hearing
• Accept the revised wetland boundary delineation
• Approve the fence relocation as proposed

Deck and Boardwalk Replacement Projects

A property owner requested approval to replace an existing boardwalk and deck, reducing the width from 6 feet to 4 feet. ▶ Watch presentation The structure is located within coastal storm flowage and dune buffer zones.

One applicant explained: "It's a walkway to get access to the back of the house."

A commission member noted during site inspection: "There was concrete block debris and a dumpster not being used," raising concerns about construction management.

The commission:

• Closed the public hearing unanimously
• Approved the project with specific conditions regarding erosion control
• Required proper management of construction debris

Historic Barn Replacement

The commission considered a proposal to completely tear down and rebuild a historic barn predating 1929. ▶ Watch discussion The project involved changing from a pier foundation to a concrete slab foundation.

Contractor Mr. Phones assured commissioners: "We're going to build it right back to the T," noting they had "pictures from 1929 showing original structure."

The commission unanimously:

• Closed the public hearing
• Approved the project contingent on Historic District Commission pre-approval
• Accepted the foundation modification as necessary for structural integrity

Coastal Stabilization with Fiber Rolls and Beach Nourishment

A coastal stabilization project involving fiber rolls, beach nourishment, and American beach grass planting received commission approval. ▶ Watch vote The project description specified: "Coastal stabilization, including fiber rolls, beach nourishment, planting of American beach grass."

The commission approved the orders of conditions as amended with six affirmative votes.

Summer House Application Follow-Up Discussion

Returning to the Summer House matter, commissioners continued debating the appropriate number of tables to allow on the property. ▶ Watch discussion One commissioner recalled: "I think it was more of like a four top round tables, like maybe four or five in each section."

The commission decided to:

• Defer the final table count decision to the next meeting
• Request staff member Will draft both positive and negative orders of conditions
• Allow time for additional historical documentation review

47 Hulbert Avenue Deck Replacement

The commission reviewed a proposed deck replacement at 47 Hulbert Avenue, located within coastal storm flowage and buffer zones. ▶ Watch review Specific conditions were added regarding native plantings and lighting restrictions.

The order specified: "All plantings and seedings are to be native species with no cultivars."

Additional conditions included:

• Erosion control measures
• Daily site debris monitoring requirements
• Detailed erosion and sedimentation control plan submission

Coastal Dune Waiver Approval

A waiver was requested for work within 25 feet of a coastal dune. ▶ Watch waiver discussion The commission found the project met criteria under Section 393 H3A of the Nantucket Wetland Regulations.

The commission's finding stated: "The commission finds that the project as proposed will not cause additional adverse impacts to the resource area."

The waiver was unanimously approved.

Nassif Property at 38 Wat Road: Dual Waiver Request

The Nassif property at 38 Wat Road requested two separate waivers: one for no adverse impacts and one for pre-existing use. ▶ Watch discussion The chair recommended against the grandfather pre-existing use waiver, explaining: "They're doing complete raise and rebuild. Doesn't really meet the definition of pre existing use."

However, the chair recommended approving the no adverse impacts waiver. The commission unanimously approved the order as recommended.

Septic System Relocation at 22 Massaso Bridge Road

A property owner at 22 Massaso Bridge Road requested approval to raise a septic system to comply with current Madaket Harbor Protection Zone regulations. ▶ Watch presentation The existing system was installed in 1990, before current regulations took effect.

The applicant explained: "The Board of Health has required us to meet or to be compliant with those regulations."

The commission:

• Issued an RDA (Request for Determination of Applicability) with negative 2 and negative 3 recommendations
• Unanimously approved the project
• Noted the system appears to be outside the 100-foot wetland buffer

Land Bank Invasive Species Management Program

The Nantucket Land Bank presented an invasive species management plan for 6 Wescoe Place, targeting knotweed and Tree of Heaven near wetland areas. ▶ Watch presentation The project is part of a broader wetland restoration agreement.

A significant concern was raised: "Spotted Lanternfly is officially established on Nantucket [with] Tree of Heaven as its primary host plant."

The removal of Tree of Heaven serves dual purposes:

• Invasive species management
• Reduction of Spotted Lanternfly habitat

The commission:

• Issued an RDA with negative 2 and negative 3 recommendations
• Unanimously approved the invasive species management plan

Buckland Property Minor Modification

The commission considered a minor modification for a septic upgrade at 113 Hummock Pond Road. ▶ Watch review The modification included updates to system design and removal of a front property retaining wall.

The minor modification was unanimously approved without extensive discussion, indicating the changes were consistent with the original order of conditions.

Mariner Way Property Compliance Closure

A 2015 order of conditions for a Mariner Way subdivision road project was ready for closure. ▶ Watch compliance review Staff verified that planting and erosion control measures had been properly implemented, though some monitoring documentation was missing due to ownership changes.

Staff reported: "Everything is in working condition. The plants are established."

The commission found the project in substantial compliance with the original order and moved to close out the long-standing file.

District Compliance Approval

The commission conducted a routine district compliance approval. ▶ Watch vote A motion was made and unanimously approved by roll call vote, indicating all district-level compliance requirements had been satisfied.

Extension Request for Brackett Property

The Brackett property at 113 Hummock Pond Road requested an extension of their order of conditions. ▶ Watch discussion The commission took a flexible approach to the request.

One commissioner noted: "We'll grant the one year extension and then they could always come back for another extension."

The commission approved a one-year extension with the understanding that additional extensions could be requested if needed.

Community Preservation Committee Budget Allocation

Commissioners briefly discussed Community Preservation Committee budget allocations. ▶ Watch discussion Approximately $4.2 million was distributed among municipal projects, with 17 out of 20 applicants receiving funding.

One commissioner explained: "We were able to pretty much fund everyone... gave a little bit more to the parks and recs for the ball field."

The allocation demonstrates the commission's commitment to supporting diverse community preservation initiatives, from recreation facilities to historic preservation projects.

Enforcement Action for Damaged Coastal Engineering Structure

The meeting concluded with discussion of an ongoing enforcement matter involving damaged coastal engineering structures and snow fencing. ▶ Watch enforcement discussion The commission has been attempting to resolve a cleanup issue with a property owner.

Staff reported: "Second letter has been sent certified mail with a clock dangling an enforcement order out over their head."

The commission is escalating its enforcement process, moving closer to formal enforcement action if the property owner does not address the violations promptly.

Key Takeaways from the November Meeting

The November 6, 2025, Nantucket Conservation Commission meeting demonstrated the complex balance between property rights, historical uses, and environmental protection on the island:

Major Themes:

• Consistency in coastal engineering structure determinations remains challenging as the commission seeks to apply regulations fairly while evaluating each project's unique circumstances
• Historical use claims require substantial documentation and testimony, with commissioners showing varying comfort levels with grandfathering activities in sensitive coastal areas
• Wetland protection continues to be a priority, with updated delineations and compliance monitoring
• Invasive species management is increasingly important, particularly with the establishment of Spotted Lanternfly on Nantucket
• Enforcement actions proceed through escalating steps when property owners fail to address violations

Projects Approved:

• Multiple coastal stabilization projects with fiber rolls and beach nourishment
• Deck and boardwalk replacements with enhanced environmental conditions
• Historic barn reconstruction
• Septic system upgrades for regulatory compliance
• Invasive species management initiatives
• Wetland boundary revisions

Ongoing Matters:

• Summer House dining area table count and seasonal restrictions
• Coastal engineering structure enforcement
• Various extension requests and compliance monitoring

The commission's thorough approach to each application, willingness to debate complex regulatory interpretations, and commitment to environmental protection while respecting property rights reflects the careful stewardship required in Nantucket's sensitive coastal environment.

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