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Officials update plan for relocated Sheep Pond access road; betterment assessments, permits and land conveyances remain to be completed

2167918 · January 30, 2025
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Summary

Town staff and experts briefed commissioners Jan. 29 on a proposed alternate access road behind Sheep Pond properties, erosion rates driving the project, permitting status and the process for betterment assessments; no formal action was taken.

Town officials presented an update Jan. 29 on a proposed relocated access road for the Sheep Pond area, describing accelerating coastal erosion, options for an unpaved private access road behind homes, outstanding permitting and multiple required real-estate transactions before construction can begin.

Jeff Carlson, the town’s natural resources director, said the Sheep Pond area is experiencing rapid coastal change and that monitoring stations installed since December recorded recent erosion “in some spots there of up to 3 to 5 feet in the last month.” He reviewed the site history, saying seven structures have been demolished or removed since the town began close monitoring in 2014 and that a number of cabins had been relocated inland.

Carlson and the project team said the proposed alignment would place the new roadway landward of existing houses to extend service life and reduce repeated repair cycles. Public works director Drew Patnode said the design calls for a 30-foot easement with a 20-foot unpaved travelway and two-foot cleared shoulders; the new roadway would be just under 2,000 feet long. Patnode explained the team prepared three cost options: building to a private standard (6 inches of compacted gravel) or building to a public standard (12 inches of gravel) or a lower-construction option limited to clearing and grubbing, which residents had indicated a preference for in recent discussions.

Town counsel Vicki Marsh outlined the statutory betterment process under General Laws Chapter 80: if the county votes to assess betterments, a betterment statement describing benefited properties and an estimate of costs will be recorded at the Registry of Deeds (recorded within 90 days of the vote); after project completion a final order of betterment assessment with the actual costs is recorded (within six months of completion). Marsh noted homeowners can elect to spread assessments over up to 20 years or pay them off immediately, and warned that betterments cannot exceed the initial estimate recorded in the betterment statement.

Real estate specialist Tracy McDonald described outstanding property steps: a temporary easement currently in place expires in March and staff are seeking an extension; the town plans a permanent easement from the Nantucket Conservation Foundation (NCF) and a conveyance of 50 Alta Rock Road to NCF upon completion of construction and execution of the easement agreement (legislation known as Article 997 secured that transfer in July 2024). McDonald said several land transfers and additional filings will move into land court and that the sequence of conveyances must be resolved before construction.

Board comments and next steps: Commissioners and staff agreed the project is complex and involves multiple stakeholders, including NCF and Natural Heritage permitting. Commissioner Matt pointed out language problems in a draft outline of the roadway easement and town counsel and staff said revisions will be made; Marsh said it is “highly unlikely” the permanent alternate access will be ready before the March temporary-easement expiration and confirmed the need to secure an extension. No formal vote was taken; staff said they will continue permitting, address the natural heritage application (already submitted), finalize easement language, and pursue the planned conveyances before moving to construction.