The Town of Nantucket Select Board on April 16 declined to bring a draft license to Town Meeting that would authorize the use of town property for the proposed Baxter Road erosion‑control project, directing staff to continue negotiating terms with the Sconset Beach Preservation Fund (SBPF) and to develop a work plan and public process.

Why it matters: The project, authorized by a positive order of conditions at the Conservation Commission level, would expand geotube‑style coastal protection along the Sconset bluff. The Select Board had been considering a license that would set terms — escrow for removal, maintenance responsibilities, public access and potential road‑relocation commitments — for use of town property. Several board members and members of the public raised questions about sand mitigation, long‑term maintenance funding and contingency mechanisms.

Discussion highlights: Town staff and SBPF representatives reviewed a draft ‘‘kitchen‑sink’’ license that compiled possible terms. Town Natural Resources staff described escrow and an annual review for removal costs, and SBPF representatives said the project will be fully funded by SBPF and asked that any study or financial burden not be imposed on the town unnecessarily.

Meredith Moldenhauer, representing SBPF, asked that the 2022 memorandum of understanding and its draft license serve as the “foundation and a starting point” for negotiations. SBPF also said it preferred a license term tied to the life of a conservation commission order rather than a short fixed term; SBPF said a short, five‑year license would not suit funders who expect longer time horizons for large capital investments.

Board concerns included timing, public outreach and the relationship between the conservation commission’s order and the select board’s license. Select Board member Malcolm (first name not recorded in the public transcript) said, “To me, it's putting adequate sand on, doing it correct. And then we, I'm just uncomfortable with everything,” describing unease over whether the proposed measures would protect public land and satisfy funders.

Vote and next steps: On a motion to ‘‘take no action’’ at the annual town meeting and to direct staff and board leadership to produce a negotiated license and a workplan for public outreach and final review, the Select Board voted 4–1 (Malcolm opposed). The board also directed the chair and vice chair to coordinate with staff on a timetable for a revised draft and outreach; town counsel said staff and legal counsel would work with SBPF and could present a more finished draft in advance of any future warrant. SBPF representatives said they preferred a fully negotiated draft before any town vote and indicated they would work with the town on schedule and outreach if both sides agreed.

Context and constraints: Town counsel advised the board that appeals of the Conservation Commission order are pending at MassDEP and that work may not proceed while appeals remain unresolved. George Pucci (KP Law) explained the appeals process and that construction cannot proceed while appeals are pending. Members of the public urged caution, requested stronger guarantees about finance and maintenance obligations, and raised concerns about delivery truck impacts on village roads and timing of sand deliveries.

What the motion did (practical effect): Taking no action at the May annual town meeting preserves the Select Board’s prerogative to negotiate and refine license language and to pursue public outreach during the summer; it does not change the conservation commission’s order or the status of pending appeals. The board said it would return with a proposed schedule and a more polished draft for further public consideration before placing a license measure before voters.