Commission allows plant ordering, schedules site visit after large clearing at 14 Plover Lane

The Nantucket Conservation Commission on March 20 voted to allow the property owner at 14 Plover Lane to order the plants specified in a submitted restoration plan but kept in place a planting moratorium until commissioners complete an on‑site review. The commission scheduled a field visit for April 1 and directed the owner to submit a Notice of Intent and contractor commitments to the commission before the Apr. 3 meeting.

Commissioners said the step is intended to balance urgency — getting native plants available for spring installation — with the need for a careful, enforceable restoration strategy after more than a half‑acre of vegetation was cleared inside and adjacent to a bordering vegetated wetlands (BVW). The vote to allow ordering but not planting passed with six commissioners in the affirmative; Commissioner Linda Williams abstained.

The restoration materials presented to the commission were prepared by LEC Environmental Consultants and led in the hearing by Brian Madden, who described a plan that includes 16 trees, 35 shrubs and ground‑cover plugs (butterfly milkweed, flattop goldenrod, switchgrass) placed across five restoration zones, a three‑year monitoring schedule, and a watering plan. Madden said the work team intends to remove an existing wire deer fence, install a split‑rail boundary to limit future encroachment and focus planting in the most heavily disturbed areas.

Abutters and their counsel pressed for additional measures, including denser planting and stronger financial security. Dan Bailey of Pierce Atwood, representing the Delaney and Wagner families, asked the commission to require a more robust restoration footprint, an invasive‑species control plan, and a conservation restriction to run with the land. Bailey said an independent consultant retained by the abutters, Scott Smyers of Oxbow Consulting, should be allowed to conduct a joint field review with the applicant’s consultant to confirm the extent of tree removal and to agree on a planting baseline before installation.

Representing the property owner, counsel Dan Wood said the applicant had submitted restoration materials on the previous Friday and that the team was prepared to move quickly. Wood asked the commission to consider terminating fines once the restoration plan was submitted; commission staff said determination of fines was pending a written legal opinion from town counsel and would be considered at a future meeting.

Commission discussion touched on several points the commission asked staff and the applicant to address before final approval: financial security to guarantee completion (options discussed included a bond, an escrow or recorded conservation restriction), the size and species mix of plant materials, invasive‑species monitoring and control, proof of contractor contracts for planting and maintenance, and restrictions on fertilizer and lighting. Commissioners also asked the applicant to document whether any site lighting or other structures were installed without permits; staff advised existing unlawful fixtures will need to be addressed in the enforcement process.

Public comment referenced neighborhood impacts and practical restoration details. Willa Arseneault of the Nantucket Land & Water Council urged robust plantings and limits on any artificial lighting. Architect and neighbor Henry Reeder emphasized the benefit of larger planting stock where feasible; staff and commissioners noted tradeoffs in planting larger stock versus smaller stock established on island soils. Resident Allison Hudson raised questions about watering and local well impacts; commissioners said watering and maintenance obligations must be documented in the NOI and monitoring reports.

Formal actions and next steps - The commission voted to lift the cease‑and‑desist order only to permit the applicant to order the plant materials specified in the LEC plan; no planting or ground‑disturbing activity beyond contract preparation is allowed until after the site visit and further commission action (vote: 6 in favor, 0 opposed, 1 abstention). - The commission scheduled a field visit: April 1, meet at commission office at 4:00 p.m. with on‑site arrival estimated ~4:15 p.m. (field visit to include staff and commissioners; the applicant’s team will attend). The applicant was asked to let staff know if abutters’ consultants will be present; the applicant’s counsel did not commit on the record and said he would consult his client. - The commission directed the applicant to file a Notice of Intent for the restoration and to provide signed contractor agreements (showing who will perform planting, watering and monitoring) and any other documentation the commission requests by the Apr. 3 meeting. - The commission will await a written legal opinion from town counsel regarding fines and other legal remedies before deciding enforcement penalties; staff said that opinion is expected before the next meeting.

Why it matters This case involves large‑scale, post‑delineation clearing within a landscape that the commission has previously regulated. Commissioners framed their actions to achieve immediate ecological stabilization (by securing plant materials) while reserving formal authority to set long‑term conditions, financial guarantees and monitoring through the NOI and a possible conservation restriction. Abutters asked for a more aggressive restoration and independent verification; the commission directed staff to coordinate a field review and to require documentation designed to ensure follow‑through.

Ending The commission will review the on‑site findings on April 1 and will consider full approval of an amended enforcement order and the applicant’s Notice of Intent during the regular meeting on April 3. The legal questions about fines remain open and will be addressed when town counsel’s opinion is provided.