Nantucket Select Board endorses encroachment policy; DPW directed to remove roadside hazards

The Nantucket Select Board on Oct. 8 unanimously endorsed the town's existing encroachment policy and backed a more proactive enforcement approach that authorizes the Department of Public Works (DPW) to remove immediate public-safety hazards without waiting for the usual 15-day compliance period.

The vote follows a staff presentation explaining the policy and how the town categorizes encroachments. Bob (real estate specialist) reviewed legal authority, illustrations of the public right-of-way and the town's three-tier enforcement framework; Drew Pettin, Director of Public Works, described how the DPW will implement the policy during high-season months.

The policy is based on Chapter 86, Section 3 of the Massachusetts General Laws and the town's Chapter 127 bylaws, which the presentation cited as giving the town authority to order removal of obstructions in the public way and to remove them when owners do not comply.

Why it matters: Town staff said encroachments such as rocks, stakes and overgrown hedges are increasing and create hazards for pedestrians, cyclists, drivers and emergency vehicles. Staff told the board that enforcement under the current, slower notification process can take weeks, leaving hazards in place during the busiest summer months.

Key details from staff presentation: Bob explained the three enforcement categories in the existing policy: Category 1, immediate public-safety hazards; Category 2, encroachments that do not pose an immediate threat; and Category 3, permitted or licensed historic encroachments (for example, longstanding ‘‘friendship stairs"). He said Category 1 items may be removed promptly by an authorized officer; Category 2 violations are typically addressed by certified letter that requests corrective action within 15 days and permits DPW removal with cost assessment if owners fail to act.

Drew Pettin said the DPW intends to treat many stakes and rock barriers as Category 1 safety hazards and move to remove them as scheduling allows rather than sending the certified-notice process that can take a month or more. Pettin said crews will not return removed rocks or stakes because the materials typically reappear shortly after removal and because the town repeatedly spends staff time on repeat violations.

Select Board discussion: Board members supported prioritizing corner sight lines and other obvious safety risks. Select Board member Matt Faye said some shoulder areas have become de facto parking lots and that a broader review of parking and shoulder management (for example, Lincoln Circle and Brandt Point) may be needed to address root causes. Several members said the town should continue outreach and treat long-standing encroachments differently when a license has been granted by the board.

Action and vote: A motion to endorse the existing encroachment policy and support DPW's more proactive enforcement approach passed unanimously by roll call (Malcolm McNabb, Matt Faye, Brooke Moore, Tom Dixon and Don Hill all voting Aye).

What happens next: Under the endorsed approach, DPW will prioritize removal of stakes, rocks and other roadside obstructions that staff deem immediate safety hazards and will continue to send certified notices for non-urgent encroachments. Staff said they will continue public outreach and accept licensed encroachments where the Select Board approves a long-term arrangement.