Town Files Suit Over "Mount Richmond" On Old South Road

Nantucket building commissioner Paul Murphy filed a lawsuit on behalf of the town against Shane Valero and LB Nantucket, LLC late last month alleging that Valero has been violating the Nantucket zoning code by stockpiling large amounts of sand and fill on the properties he manages at 65 and 67 Old South Road.

The huge mound of dirt and sand at the entrance to the new Richmond Great Point subdivision has been there for nearly a year - so long that some have started calling it "Mount Richmond - and it has become what some have described as an attractive nuisance with kids attempting to climb and reach its summit.

Up until 2022, Valero was a partner in Richmond Great Point Development LLC, the entity that is currently developing the 70-acre property off Old South Road that was purchased by Richmond Great Point founder Phil Pastan from Walter Glowacki in 2013 for just over $30 million. The project includes 225 apartments and 94 homes and duplexes, many of which have already been completed. 

"Nobody within the Richmond Great Point Development organization is aware of the details of Mr. Valero’s use of the property or was previously aware of the lawsuit filed by the Town," Richmond Great Point Development owner Phil Pastan said in a statement provided to the Current following the publication of this story. "Similarly, we do not have any details related to the joint stipulation entered between the parties.

According to court records, a preliminary injunction hearing was scheduled for Friday, August 2, however superior court clerk Mary Adams told the Current it was moved to August 1 via Zoom, and a joint stipulation (an agreement between the two sides) was filed with the court on how to move forward.

According to the document obtained by the Current, Valero will have 45 days to remove all sand and earth material currently stored in the piles on the two abutting Old South Road properties from the day it goes into effect.

"The defendant shall arrange for an inspection of the property by the Nantucket Building Commissioner within 10 days after removal of all the sand and earth materials," the joint stipulation concludes.

The deal came to fruition after Murphy took action following months of silence from Valero in response to a May 16 order from the town to comply with the zoning code and remove the large piles of sand.

“By letter dated May 16, 2024, the town's building commissioner, Paul Murphy, issued an order to the defendants requiring compliance with the zoning code and informing the defendants that '[t]he stockpiling of earthen materials is not allowed as a principal use in the CN Zoning District'," the suit says. “At the time, the defendants were storing large amounts of sand at the properties.”

Murphy said in the court filing that Valero never responded or appealed the order, prompting the lawsuit on July 25. There were also photos of the sand piles included in the lawsuit from July 12.

“As of the date of filing and verification of this complaint, the defendants have failed to remove the large amounts of earthen materials being stockpiled at the properties and thus are in violation of the above-mentioned provisions of the Nantucket zoning code and the building commissioner's order requiring compliance with the same,” Murphy says in the suit. “The town is also entitled to the award of civil penalties of three-hundred dollars ($300) per day, provided that each day such violations continue shall constitute a separate offense.”

The town was seeking to have Nantucket Superior Court judge Mark Gildea issue a preliminary injunction requiring Valero to immediately remove the stockpiled sand and earthen materials from the properties; award the town a civil penalty of $300 per day per violation calculated from the date of issuance of the building commissioner's order in May and for each day violations continue to be committed moving forward on the property; and that Gildea award the town reasonable costs and attorney fees associated with pursuing this action in court.

While Valero is still listed as a "partner" in Richmond Great Point Development's web site, Pastan stated that as of 2022, he was no longer associated with the company.

Read Pastan's letter to the editor in response to this story