Nantucket conservation panel continues review of Summer House "dining in the dunes"; applicant to supply historical evidence

The Nantucket Conservation Commission on Thursday continued a permit review for seasonal dining activity on the coastal dune at the Summer House, 10 and 16 Ocean Avenue, and asked the applicants to submit documentary evidence showing the use predates local and state wetland protections.

The commission continued the hearing to its June 26 meeting after the applicant requested more time to provide records and historical evidence. Chair Seth Engelberg opened the hearing and noted Commissioner RJ Turcutt was recused but a quorum remained.

Attorney Valerie Moore, representing the Summer House of Nantucket Realty Trust, told the commission the lunch service involves only chairs and tables “carried out into the area for people to have lunch, and then removed by hand that same day,” and argued the activity “does not fall within the definition of an activity that would be jurisdictional under the Wetlands Protection Act regulations.”

Coastal geologist Stan Humphreys, who submitted a written assessment dated May 15, told the commission the area seaward of the dining band is the primary frontal dune and that the dining area is landward of that zone. Humphreys said the shoreline at this location has been accreting at roughly 0.5 foot per year and concluded the seasonal dining “has had no adverse effect on the coastal dune” and complies with performance standards in state and local wetlands regulations.

Commissioners disagreed over jurisdiction. Commissioner Mike Mizzarelli said he remained concerned that daily foot and service traffic “is destabilizing to the beach grass and the fragile plants” and said he did not support allowing the activity as presented. Commissioner John Schaefer said he believed the activity likely falls outside the commission’s jurisdiction or, if jurisdictional, that the applicant’s report showed no adverse impact.

Several public speakers addressed the commission. Willa Arsenal, speaking for the Nantucket Land and Water Council, asked the commission to be cautious about formalizing a use that could degrade dune structure. Longtime resident John Shea recounted the site’s commercial history and told the commission the restaurant operation had been continuous in various forms since the 1930s and, in his account, “continuous operation down there from ‘85 to 02/2025.” The commission noted the claim will need documentary support; commissioners said aerial photos in the record show tables in 2023 but not in earlier years.

Commissioners identified the core questions for the commission: whether the seasonal dining is a jurisdictional activity under the Wetlands Protection Act and the town wetland bylaw, whether it qualifies as a pre‑existing use, and whether the activity has or will have an adverse effect on dune migration or vegetation. The applicant agreed to supply historical evidence of continuous dining use and to clarify the scope of activities for the commission’s June 26 meeting.

The hearing record includes counsel for the applicant (Valerie Moore of Nader, McLennan & Fish), a technical memorandum from Stan Humphreys (coastal geologist, Environmental Consulting & Restoration), and public correspondence that the commission accepted for the record but said would not be discussed at this meeting because it arrived after the filing deadline.

The commission took no final regulatory action on the notice of intent; the matter was continued to the June 26 meeting so the commission can review additional evidence and staff reports.