(Aug. 11, 2021) The Conservation Commission is preparing to draft an enforcement order requiring the Sconset Beach Preservation Fund to remove its geotube project from the beach below the Sankaty Bluff, two months after it voted to have the SBPF remove the erosion-control project.
The Select Board had asked the ConCom to reconsider that vote. ConCom members will not, arguing their vote was based strictly on a failure of the SBPF’s permit to pour enough sand on the project. Only Linda Williams supported a motion to reconsider that vote in favor of another enforcement action that would keep the 950-foot project where it is but bring it into compliance with its permit.
“It’s not the commission’s job to enact Draconian measures, it’s the commission’s job to bring things into compliance,” SBPF attorney Steve Cohen said. “What’s unprecedented is the commission’s vote to require (removal) enforcement when there are remediation options available.”
Once the enforcement order is official, the SBPF would have 21 days to appeal it to Nantucket Superior Court. SBPF president Josh Posner said they will appeal.
That appeal, however, would leave the ConCom and the Select Board with the same attorney. The two commissions cannot see eye to eye.
“You cannot serve two masters,” ConCom vice-chair Ian Golding told town counsel George Pucci Wednesday afternoon. “With the Select Board taking the part of SBPF and ignoring what we have come to as a regulatory environmental decision and with them asking us to work (the vote) back, how do you not have a conflict of interest?”
Pucci denied that there is a conflict of interest. He said he is town counsel, not the Select Board’s counsel, although he would be representing the Select Board and its request for a re-vote that could take into consideration an ongoing coastal resilience plan designed to provide long-term strategies to protect Baxter Road from erosion.
The ConCom is set to vote on the enforcement order at its next meeting, which has not yet been scheduled.
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August 12, 2021 at 05:15PM
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ConCom won't reconsider vote to order erosion-control-project removal - The Inquirer and Mirror
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