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HomeMy WebLinkAbout39 SE48_3115NCC Questions from 02_11_19 rec'd 03_04_19From: anneatherton@comcast.netSent: onday, March 4, 2019 3:39 PMTo: ason M. Bridges; Dawn Hill Holdgate; Matt Fee; Jim Kelly; Rita Higgins; John GiorgioCc: eff Carlson; Joanne DoddSubject: *IMPORTANT** CLARIFICATION PLEASEAttachments: TEVE COHEN'S COMMENTS RE ALT ACCESS 2.11 CON COM HEARING.pdf **IMPORTANT** TO: MEMBERS OF THE SELECT BOARD, TOWN MANAGER, TOWN COUNSEL FROM: D. ANNE ATHERTON/FOR THE NCC TEAM RE: CLARIFICATION PLEASE COPY FYI: MEMBERS OF THE CONSERVATION COMMISSION, NATURAL RESOURCES DIRECTOR ALTERNATIVE ACCESS FOR NORTHERN BAXTER ROAD At the February 11 Public Hearing of the SBPF Notice of Intent to expand the current 900-foot seawall to almost 4,000 feet, attorney Seven Cohen responded to a question from one of the Commissioners about alternative access. The audio of this part of the meeting was unfortunately very poor. However, one of our team members endeavored to transcribe Mr. Cohen’s response. See attached. (The video of the hearing is available at on the Town website at https://www.youtube.com/watch?v=pLU1_uXjwZw. Mr. Cohen’s remarks begin at about the 1:12 mark and continue until 1:15:58.) As you may know an analysis of reasonable alternatives is an important part of the ConCom process in reviewing any application. In this regard, it is essential that the Commission, and the public, understand whether or not the Town now has in its possession plans for alternative access to the threatened section of Baxter Road should it be needed. And further, whether that access is predicated upon the continued permitting not only for the current 900-foot geotube project, but also for the proposed expansion, as the Commission was informed by Mr. Cohen. Quote from Mr. Cohen: **However, one of the criteria for that is the permitting remain in place. So in other words, the failure of this permitting eliminates this access.** Is there documentation to substantiate this comment by Attorney Cohen? If yes, where? Is this the understanding of Town officials? We would appreciate clarification of this important point as soon as possible. Thank you. PS Joanne: Would you please forward to members of the Commission, as we do not have all of their email addresses? Thank you. ATTACHMENT www.savenantucketbeaches.org info@savenantucketbeaches.org PO Box 2050 | Nantucket, MA | 02584 D. Anne Atherton, Administrative Coordinator ConCom Meeting, February 11, 2019: Between 1:12 and 1:15:58 - Steve Cohen: There was not an order to move Baxter Road, but part of the thing we said we would do is look at whether there’s a viable alternative here and what has plainly, factually been determined is there is no viable alternative. It’s not as if you could build a road off to the side and the problem would go away. There is an alternative access plan that would allow us to [avoid] the breach [in the] northern part of Baxter Road that would allow us to see that northern access point developed, that point for emergency access, the access for those people, but there is no way to replace the access in the middle and the infrastructure and just say “oh, the emergency’s gone away”. I wish it was that simple. It was never a time as if we said, “just give us time to fix this problem and once it’s fixed, it all goes away.” “It was repeatedly suggested by other people that this is supposed to be temporary and once you fix that, there’s no imminent danger. The danger never goes away.” “There is an alternative access agreement in place for there to be an access point to be opened up along the golf course. However, one of the criteria for that is the permitting remain in place. So in other words, the failure of this permitting eliminates this access.” There is no scenario in which this commission would vote to disapprove the permit and open up access. That offer is only on the table, legally, if there is…” The shovel-ready alternative access plan that Art Gasbarro drew up for the town, SPBF paid for this as part of the MOU: “But those plans can only be implemented if the town has the legal right to do it. So, either the land owners would have to allow that to happen and one of the criteria for allowing that to happen is there is permitting in place for construction, or the town could do an eminent domain taking.”