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Commission issues RDA for septic upgrade at 59 Starbuck Road after adjacent owner raises trespass concerns

January 04, 2025 | Nantucket County, Massachusetts


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Commission issues RDA for septic upgrade at 59 Starbuck Road after adjacent owner raises trespass concerns
The Nantucket Conservation Commission on July 24 issued a Determination of Applicability for proposed septic work at 59 Starbuck Road, finding the planned work will occur within the buffer zone but will have no adverse impact (Negative 3) and confirming certain resource area boundary delineations (Positive 2a). The vote was unanimous.

Arc Esparo presented the proposal, which would remove an existing soil absorption system from within the buffer zone and relocate it north, outside the commission's jurisdiction, while installing an I/A (innovative/alternative) technology septic upgrade within the buffer. Arc Esparo said the change is an improvement over the existing septic condition and requested confirmation of the resource boundary.

During public comment, Jasmine Alcantara, owner of 61 Starbuck Road and the adjacent property, said she has legal concerns unrelated to the conservation commission's jurisdiction — alleging the McMahons' driveway crosses her property without an easement and describing prior disturbances to bordering wetlands in the 1980s. Chair Seth Engleboer advised that property-rights or trespass matters fall outside the commission's review of the Wetlands Protection Act and town regulations.

Conservation staff recommended a Negative 3 (work within buffer but no adverse impact) and confirmed the boundary delineations (Positive 2a); commissioners moved and seconded the determinations and approved them by roll call. The commission recorded the vote as unanimous.

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