Cemetery commission weighs license, mowing and fence work after decades‑old encroachment

The Nantucket Cemetery Commission discussed whether to pursue a formal license for a long‑standing encroachment along the cemetery boundary and how to handle plantings and flags on town property.

Commissioners flagged a roughly 11‑inch encroachment by a garage back wall and plantings on the cemetery side of a fence. Bob Viskowski, identified in the meeting as a real estate specialist, told the commission the encroachment "is 11 inches" and that different earlier options — including a proposed land swap— stalled because of additional expense and land‑court complications dating to about 2015–2016.

Why it matters: Commissioners said the plantings are obscuring views into the cemetery, complicate maintenance, and may create future problems if allowed to mature. The encroachment issue has persisted for years; the town attorney and real‑estate staff previously discussed a license limited to the structure, not plantings or fences.

The commission did not take a formal vote. Instead members asked staff to gather records and consult with Town real‑estate staff and legal counsel. Commissioner Barbara said she would "do this formally" later and suggested that the town should not pay for the license; a license, she said, should be the property owner's responsibility if one is needed. Commissioners agreed to get more information before any enforcement or removal of plantings.

Details and chronology: Commissioners said the initial land‑swap negotiation began around 2015 but hit resistance from property owners and that the license approach was proposed more recently to avoid land‑court proceedings. Alan and others described a plan to mow to the property line and notify owners in advance so neighbors can move plantings if they choose. Commissioners noted a separate, older license process from 2016 that covered a structure (garage) but never completed all paperwork for fences or plantings; one speaker said the license "is only for the structure, not for the fences."

Practical next steps: The commission asked staff to consult Tracy McDonald (referred to in the meeting) and confirm survey plans and GIS records, and to report back. Commissioners also recommended that members visit the site individually to inspect plantings and the fence ahead of a future agenda item and formal vote.

Context and cautions: The commission emphasized a preference to resolve the matter without hasty action that would spark neighbor complaints. Bob Viskowski warned that "the neighbors are gonna get bent out of shape" if mowing or fence work proceeds without coordination. Commissioners also discussed the town’s encroachment policy and the need to involve the real‑estate office and, if necessary, an encroachment committee.

Ending: The item will return to a future agenda after staff follow‑up; no enforcement or removal of plantings was directed at the meeting.