Dear Mr. Pucci,

If I understood correctly, at the hearing of February 3, 2011
in SUCV-2008-05664 E, the Court requested the parties to try
to agree and to present at the hearing on March 3, 2011 a draft
consent decree for the Court's approval.  This memorandum is my
contribution to the groundwork for such an agreement.

I acknowledge that the Town of Nantucket defends itself with
the assertion that it has sought in good faith to implement
the statutes and regulations of the Commonwealth. The appellant,
on the other hand, asserts that in violation of 42 USC 1983,
the Town of Nantucket has for 6 1/2 years by unlawful threats
of destroying his property and by other unlawful actions including
forgery and fabrication of evidence and the maintenance of a
frivolous lawsuit, injured the appellant by depriving him of his
civil rights.

My primary interest is the well-being of all individuals
involved, primarily Mr. Ciarmataro the Plumbing Inspector
whose legal, professional and personal position I consider
precarious. For reasons outlined in my e-mail to you of
February 8, I ask that Mr. Ciarmataro NOT be coerced to issue
a plumbing permit against his will and that he NOT be coerced
to perform a plumbing inspection against his will.

Secondly, I am concerned for the future of the plumbing business
on Nantucket of Mr. Gordon. In distinction to 26 colleagues
who refused, Mr. Gordon was sufficently courageous, rash or imprudent
to offer to obtain a plumbing permit and to contradict the Inspector's
prejudiced assertion that my plumbing was non-compliant with the
Plumbing Code and required to be replaced.  Each of Mr. Gordon's future
plumbing installations on Nantucket will require to be submitted
to Mr. Ciarmataro of whose vindictiveness and bias this record is
the most dramatic illustration imaginable, whose lack of objectivity
and detachment precludes inspections of fairness and integrity,
not only of my plumbing installations but of Mr. Gordon's as well.
I ask that I NOT be put in the position where I have no alternative
but to exploit Mr. Gordon's unique emotional disposition to persuade
him to a course of action which I as well as all 26 of his colleagues
consider imprudent and which must reasonably be expected gravely to
prejudice Mr. Gordon's plumbing business on Nantucket, if not indeed
to make that business impossible.

My own interest is the swift and economical completion of my
construction. When I began this project, I was 74 years old.
Six and a half years have since elapsed, at least three and
a half of them awaiting judicial decisions. Meanwhile I have
experienced that decline in physical and mental strength
which is inevitable between ages 74 and 80 1/2 and which 
will certainly continue unpredictably gradual or precipitous
in the forseeable future. At my age, the only rational course is
to make all financially affordable compromises to complete the
construction as quickly as possible.

I suggest the following Consent Decree:

1. The plumbing inspector rescinds the Order to Cease Desist and Abate
illegal plumbing.

2. The Town of Nantucket certifies compliance of rough plumbing,
rough wiring, and framing with the applicable Codes. 

3. The Town of Nantucket certifies compliance with the requirements
of the Historic District Commission with respect:
a) to the structure as built, and, but not appearing on the plans,
b) a front entrance platform and
c) rain-roofs over the three doorways.

4. The Town of Nantucket issues a temporary certificate of occupancy
of indefinite duration, which temporary certificate shall remain in
full force and effect until, if ever, it is replaced with a permanent
certificate of occupancy.

5. Subsequent to the date of the consent decree, the Town of Nantucket
agrees to accept, in lieu of inspections, Certificates of Compliance
issued by the appellant with respect to all Massachusetts Regulations
for which otherwise inspection would be required, including, but not
to the exclusion of others, insulation, final plumbing, final wiring,
and final building inspection.

6. The appellant waives all damage claims under State and Federal law.

7. The appellant pays to the Town of Nantucket the sum of ??? thousand
dollars to be distributed as bonuses to the Plumbing Inspector and to
other employees of the Building Department.

If all this is not a non-starter, please let me hear from you.

Sincerely,
Ernst Meyer