Commission schedules May 1 regulations meeting; discussion highlights recusal rules and possible bylaw change on lengthy application continuances

The Nantucket Conservation Commission set a special meeting for 5 p.m. on May 1 to discuss potential updates to its regulations and policies, including a planned review of the definition of “coastal engineering structure.” Commissioners also discussed recusal and conflict-of-interest procedures and whether the commission should pursue a bylaw change addressing lengthy application continuances.

Commissioner Arjun (RJ) Turcotte read language from Mass. General Laws (cited as section 23B3 in chapter 268) regarding the obligation of public employees to avoid appearances of impropriety and to disclose conflicts in writing to their appointing authority. He said he had provided that guidance to his appointing body and discussed how he will approach future situations where his outside affiliations intersect with commission matters.

Chair Seth Engelborg clarified procedural limits tied to hearings: once a commissioner has sat on (heard) an application, that commissioner cannot retroactively recuse from that earlier participation. Staff noted that if commissioners are unsure about a potential conflict they may consult the town’s public records compliance officer or the state ethics committee for guidance.

Separately, commissioners raised ongoing frustration about applications that are repeatedly continued for months or years. Will (town staff) explained the commission could pursue a stricter local bylaw requiring time limits on continuances, but that change would require town-council review and a town-meeting authorization. The commission asked members to send topics and suggested regulation changes to staff ahead of the May 1 meeting so the group can discuss proposals and, if warranted, prepare a formal regulatory or bylaw amendment process.