Nantucket boards approve memorandum to build permanent Sheep Pond Lane access; residents to pay betterments

The Nantucket County Commissioners and the Town of Nantucket Select Board on May 14 approved a memorandum of understanding to create permanent vehicular access for 11 homes on Sheep Pond Lane by routing a new roadway across land owned by the Nantucket Conservation Foundation.

The agreement, which the boards approved in separate votes, obligates the participating homeowners to pay betterment assessments for their share of construction costs and to maintain the roadway after construction. The memorandum also provides for permanent easements to be recorded and requires Natural Heritage permitting before construction begins.

The memorandum resolves a multi‑year process the town and county described as necessary after repeated temporary easements and delays. Tracy McDonald, real estate specialist for the town, said the town and county worked with homeowners, counsel and the Nantucket Conservation Foundation to finalize the MOU and a final plan that had only recently been delivered to staff.

Attorney Vicki Marsh summarized the assessment process and the legal steps that will follow. She said the boards will need to adopt an order assessing betterments and that a Betterment assessment statement will be recorded at the registry of deeds. Marsh said the county will determine the final apportioned cost within six months after the roadway’s completion and that the list of assessments must be certified to the town assessors before amounts appear on tax bills. "The county commissioners will have to take a vote, to assess the betterments to the residents for the construction costs of the road," Marsh said.

Jeff Carlson, director of natural resources, told the boards his office has been working with MassNatural Heritage (the Massachusetts Natural Heritage & Endangered Species Program) for years and that the agency required easements and final construction specifications before issuing a permit. "We're not anticipating a big time delay for Natural Heritage permitting," Carlson said, while flagging habitat concerns near the Red Barn Road area.

Drew Patnode of the Department of Public Works said the abutters opted for the least‑intensive roadway construction — clearing and grubbing to create a generally natural roadway surface — and that either a contractor under an existing town contract or DPW crews would complete the approximately 20‑foot‑wide, 2,000‑foot‑long project once permitting and easements are in place.

Both the county commissioners and the Select Board adopted motions that approve and authorize execution of the memorandum of understanding and authorize the betterment assessment process. The county motion was moved by Brooks and seconded by Matt and was recorded as passing unanimously; the Select Board recorded its approval later the same evening.

Why it matters: The agreement replaces multiple temporary easements and ends a years‑long access dispute by creating a private roadway across conserved land, shifting construction costs and long‑term maintenance onto the participating homeowners while requiring the public filings and permitting that formalize the town and county role.

Next steps and limits: Natural Heritage permitting remains required before construction. The recorded betterment statement will create a lien when filed; the final assessment amounts will be set within six months after construction finishes and only become billable after certification to the town assessors. The town and county did not provide a timeline for construction start beyond permitting and easement completion, and no dollar amounts for the betterments were specified at the meeting.