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Nantucket commission accepts deed restriction, requires $11,100 penalty and ongoing monitoring for 14 Plover Lane restoration
Summary
After extended debate over enforcement tools, the Nantucket Conservation Commission voted 6–1 to accept a deed restriction and approve an order of conditions for restoration work at 14 Plover Lane, including a civil penalty of $11,100 and monitoring requirements.
The Nantucket Conservation Commission voted Thursday to accept a deed restriction and issue an order of conditions to govern restoration work at 14 Plover Lane, concluding a months‑long enforcement matter that produced disagreement over whether a conservation restriction was required.
The commission’s action — approval of a deed restriction to be recorded “in perpetuity” and issuance of the amended order of conditions — followed legal advice from town counsel and a public back-and-forth among commissioners about inspection rights and long‑term monitoring. The commission also included a civil penalty of $11,100 in the order.
The deed restriction and order arise from an after‑the‑fact enforcement action; town counsel reported that, if recorded and held by the commission, the deed restriction would be enforceable under Massachusetts law in perpetuity. "We don't see any way that the civil penalty would not go into the general fund," said George Pucci, town counsel (KP Law), during the discussion.
Why it matters: Commissioners urged that the Restoration Area be protected…
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