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 long term. Several commissioners, most prominently Arjun Turcotte, pressed for a conservation restriction — an instrument that, if used, would give the commission a clearer legal right to enter and inspect the property annually. Turcotte argued a conservation restriction would make monitoring legally straightforward: "We are legally allowed and required to go onto the property and inspect it," he said. A majority of commissioners, however, agreed with town counsel and the applicant's attorney that a deed restriction combined with the order's monitoring conditions was sufficient.

What the order requires: The adopted order requires restoration plantings and monitoring. The commission revised the monitoring condition so that "monitoring site evaluations will be conducted during and at the end of each growing season." The order requires monitoring reports that include vegetative status, survivorship rates, and recommendations; if the restoration shows less than 50% native regrowth by the specified period, the applicant must file a new notice to supplement plantings. The order also requires removal of temporary irrigation and deer fencing before a certificate of compliance and disposal of invasive species at the town landfill.

Enforcement and penalties: The commission added a finding to the order that the town assessed a civil penalty of $11,100 under Massachusetts General Laws chapter 131, section 40, and included that penalty as a condition so it would be enforceable by the commission if unpaid.

On the record and votes: The commission took two formal votes. First, by roll call, it accepted the proposed deed restriction with the added language requested by town counsel; that motion carried 6 in favor and 1 opposed (Arjun Turcotte). Second, the commission voted to approve and issue the amended order of conditions as revised; that motion passed unanimously among members voting.

Next steps and administrative items: The applicant’s counsel agreed to deliver an updated deed restriction ready for recording with the commission’s signed acceptance and a notary block. Commission staff and counsel said the updated instrument should be suitable for recording at the Nantucket registry of deeds. The commission also discussed the limits of its inspection rights after the order is closed: town counsel noted the commission’s ability to inspect is similar to any other property and that constitutional constraints make unannounced entry problematic without owner consent.

Commission comments captured the range of views: some members emphasized the seriousness of the violation and favored a stronger instrument; others warned that pursuing a conservation restriction could delay outcomes and might not obtain state approval. Attorney Wood for the property owner said the owner completed the mitigation, would accept a recorded restriction and payment of the fine, and urged the commission not to require a conservation restriction. "The deed restriction is already more than is necessary," Attorney Wood said.

The commission closed the matter by directing staff to receive and check the finalized deed restriction and to proceed toward recording once the document includes the commission's acceptance language and signature blocks.