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Nantucket Conservation Commission approves Land Bank road relocation with strict habitat protections
Summary
The commission advanced a plan by the Nantucket Islands Land Bank to relocate an eroding dirt access road off Falmouth Avenue, granting a waiver under the wetlands bylaw for significant public benefit while attaching monitoring, signage, and preconstruction-plan conditions to protect rare habitat and NHESP review.
The Nantucket Conservation Commission on Jan. 8 advanced a proposal by the Nantucket Islands Land Bank to relocate a compromised portion of Falmouth Avenue and restore the abandoned road segment, but only after extensive debate over rare-habitat impacts and strict conditions.
The Land Bank’s representative, Liz Phelps, told the commission the relocation would move the southwest portion of the dirt access road away from erosion-prone areas and restore the abandoned corridor with sod and beach grass, and that most of the new road would lie outside the 50-foot coastal-dune buffer. Attorney Peter Vateri summarized waiver grounds tied to the Nantucket wetlands regulations and state Wetlands Protection Act, saying the application included three potential waiver justifications and that Natural Heritage (NHESP) review is part of the package.
Chair Seth Engelberg urged caution, noting the site contains sandplain grassland and can support sandplain blue‑eyed grass, a state‑listed species. Engelberg said most waiver grounds as written would not apply, and that "the only waiver that would be applicable is (e) — significant public benefit — provided the commission crafts strong conditions to minimize adverse impacts." Commission discussions focused on minimizing disturbance, ensuring restoration, and requiring monitoring and reporting.
Land Bank staff framed the relocation as preserving a secondary vehicle access for public-safety reasons. Rachel Freeman, the Land Bank’s executive director, said the project is intended to maintain access until erosion renders the current parking lot unusable and that more extensive road connections could be a future step if necessary.
After negotiations over findings and conditions, staff and the applicant agreed to attach NHESP findings to the order, require the applicant to submit any amended conservation management plan to commission staff before commencing construction, implement annual monitoring with photographic documentation, include educational signage to keep vehicles and pedestrians on the designated road surface, and require additional plantings should regrowth fall below performance thresholds (less than 50 percent regrowth within 2.5 years). The commission closed the hearing by roll call, with a unanimous vote to proceed toward an order that reflects those conditions.
What happens next: Town staff will finalize the draft order to incorporate NHESP conditions and the monitoring and signage provisions; the commission set the matter to continue with final issuance language and to appear on the Jan. 22 agenda if further edits are needed.
