Select Board approves draft license terms with Sconset Beach Preservation Fund for Baxter Road erosion control

The Nantucket Select Board voted April 15 to approve draft license terms negotiated with the Sconset Beach Preservation Fund (SBPF) that would authorize SBPF to construct and maintain an erosion-control project along Baxter Road (Sconset Bluff) if town meeting (Article 73) authorizes the select board to enter a license or lease.

Staff described revisions made after public comment and the April 1 meeting: stronger escrow requirements to be in place prior to construction, a separate escrow for road repairs related to sand deliveries, an annual review and reporting requirement directly to the Select Board, and a requirement that any easements SBPF must obtain be recorded and run with the land. Natural Resources staff and SBPF representatives said the revised terms provide greater town control and require SBPF (not taxpayers) to fund construction and ongoing maintenance.

Meredith Moldenhauer, speaking for SBPF, said the organization agrees to the revisions and emphasized that the license terms impose responsibilities and financial commitments on SBPF, not on town taxpayers. Board members discussed whether town meeting's Article 73 authorizes the select board only to approve the act of leasing or licensing the property (as provided by Chapter 67 1(e)) or whether town meeting would be expected to approve a final, specific agreement. Town counsel and staff explained that Article 73 would grant authority to enter a license or lease, but final license execution would come back to the select board in open session after town meeting; the board may also negotiate technical changes prior to final execution.

After discussion, the board voted by roll call to approve the draft license terms (subject to the outcome of Article 73 at town meeting and subject to final review and execution in open session). The motion carried unanimously.