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Legal Battle Intensifies Over Coastal Protection Measures

August 23, 2024 | Nantucket County, Massachusetts


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Legal Battle Intensifies Over Coastal Protection Measures
In a recent government meeting, discussions centered around the complexities of a coastal project, particularly regarding the elevation and horizontal distance of proposed geotubes aimed at protecting the coastal bank. Attorney Nylin addressed concerns raised by Mr. Rose, asserting that some of his statements were factually incorrect. The conversation highlighted the necessity of determining whether a town meeting permit is required, with the decision to be left to the town council.

Nylin emphasized the importance of finalizing the order of conditions for the project, despite challenges that may prevent work from commencing this year. He presented three key documents to the commission, including a cover letter and a revised draft order of conditions, which he noted had been updated based on recent findings.

A significant point of contention was the request for a waiver concerning the eligibility of certain lots for the project. Nylin argued that a segmented approach to the geotubes would exacerbate erosion issues, thus stressing the need for a cohesive solution. He requested the commission's ability to grant a waiver if some lots were deemed ineligible, citing the potential for greater damage to the coastal area.

Commission members engaged in a dialogue about the waiver request, with one member noting the importance of the applicant providing a clear rationale for the waiver. The burden of proof lies with the applicant to demonstrate why the waiver is necessary, and the commission expressed a willingness to consider the request once more detailed information is provided.

Overall, the meeting underscored the ongoing efforts to navigate regulatory requirements while addressing environmental concerns related to coastal protection. The commission remains open to further discussions as they work towards a resolution.

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