HomeMy WebLinkAbout20150221-NantCoatalConservLtr-reSettlementTalks_201502261050280119
to preserve and protectnantucket’s natural beaches
February 21, 2015
Dear Members of the Board of Selectmen:
We understand that settlement talks among the Conservation Commission (ConCom), the
Siasconset Beach Preservation Fund (SBPF) and the Board of Selectmen are either underway, or
will be. The subject of the negotiation is the appeal filed by the ConCom of the Superseding
Order of Conditions (SOC) issued by the State Department of Environmental Protection (DEP)
to override its decision not to permit the geotube installation below the bluff in Sconset, a
matter we have followed closely.
We commend the Board for seeking to resolve issues that divide our community without
incurring costs of the administrative appeal process and Superior Court litigation, if such costs
can reasonably be avoided with satisfactory, enforceable results that fully protect the resources
identified in state and local Wetlands regulations.
To this end, as concerned citizens and owners, along with all of the residents of Nantucket, of
the beach below the bluff in Sconset, we urge you to direct that certain items be deemed
“essential preconditions” to settlement discussions.
Specifically, we request that you ask Town Counsel to require public demonstration that SBPF
has executed the following items that it promised to produce over a year ago and, to date, have
not produced:
1. delivery of easements required to provide alternate access to northern Baxter Road;
2. delivery of One Big Beach easements, ensuring public access along the beach below the
bluff, especially in areas where the amount of public land may have been reduced because of
erosion, some of it exacerbated by the presence of the geotube sea wall; and
3. re-establishment of the Sconset Foot-path north of 67 Baxter Road where possible, such as
on the vacant lots on the eastern side of road within the geotube project area, and on
properties where the houses have been moved back toward the road.
These provisions were negotiated in good faith and included in duly executed legal instruments
(the Memorandum of Understanding, the Amended Memorandum of Understanding and the
License between the Town of Nantucket and SBPF). We know, and appreciate, that you have
asked for these deliverables several times. Through their attorney, SBPF has given you many
reasons why they have not been forthcoming.
Trust is the basis of any negotiation, especially among entities in a small town like ours. In
order for there to be confidence among the parties entering into settlement talks, as well as the
citizens whom you represent, earlier commitments must be honored. Now is the time for SBPF
to meet their previously agreed upon obligations, before new discussions begin.
Sincerely,
Peter Brace Rita Higgins Liz Trillos
Barbara Bund Susan McFarland Charley Walters
Sunny Daily Linda Spery Mary Wawro