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Nantucket Conservation Commission votes to assess $11,100 civil penalty for unpermitted work at 14 Clover Lane
Summary
The commission voted 6–1 to amend an enforcement order and assess an $11,100 civil penalty tied to unpermitted alterations at 14 Clover Lane, and asked town counsel to pursue mechanisms to direct the money toward conservation purposes.
The Nantucket Conservation Commission voted 6–1 on June 5 to amend an enforcement order for 14 Clover Lane and assess a civil penalty of $11,100 for unpermitted work, with town counsel asked to investigate how the money might be used for conservation purposes.
The vote follows months of enforcement activity and a notice-of-intent and restoration plan filed by the property owner’s representatives. Town natural-resources staff reported that the noncompliant lighting has been disconnected and temporary deer fencing installed; the commission said it wants stronger assurances that required restoration and monitoring will occur.
Town Counsel George Pucci told the commission that a Massachusetts Appeals Court decision (2017) supports a conservation commission’s authority to impose civil penalties under the Wetlands Protection Act. “It’s very clear from the appeals court that a commission such as your commission has the right to exercise the ability to impose a civil penalty under the Wetlands Protection Act,” Pucci said.
Attorney Glenn Wood, representing the property owner, told the commission his client is prepared to accept the $11,100 figure. “Our client is prepared to agree to the $11,100 figure that the commission has already come up with,” Wood said; he characterized that amount as a negotiated sum tied to the period between issuance of the enforcement order and submission of the remediation plan.
Commission discussion referenced the commission’s enforcement authority under local rules and state law and weighed compliance and deterrence. Commissioner Mike Mizzarelli said the penalty recognizes cooperation while also sending a message about the seriousness of violations; Commissioner Joe Plandowski objected to a fine for a cooperating violator, saying he preferred additional plantings or other remediation in lieu of sending money to municipal accounts.
The commission directed town counsel to draft language and investigate legal mechanisms to ensure the assessed amount, if paid, could be applied to conservation purposes rather than simply deposited to the town’s general fund. Pucci said he would research options and return with recommended language that could be included in a revised enforcement order or the order of conditions.
The enforcement order remains open and the commission said it may revisit the matter at its June 26 meeting if needed. The commission’s roll-call on the motion recorded six affirmative votes and one opposed vote. The commission’s action is administrative; no criminal charges were discussed.
Ending: The commission asked staff and counsel to return draft wording and implementation options in time for further deliberation at the June 26 meeting, and requested photographic evidence for completed lighting work and continued monitoring reports tied to the restoration plan.
