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HomeMy WebLinkAbout20130930-Cohen SBPF emails re need for immediate action_201404071119465328From:Steven Cohen To:George Pucci Cc:Libby Gibson; Erika Mooney; Andrew Vorce; Kara Buzanoski Subject:FWD: Need for Immediate Action Date:Monday, September 30, 2013 11:41:48 AM George, My client sent this to the BOS last night. It should have been submitted through Town Admin., so I wanted to make sure that you and Town staff have it. As you can see, the critical point is that SBPF wants to help the Town protect its infrastructure, but cannot do so if either 1) the Town does not propose an adequate protection plan or 2) the Town does not use a process that is responsive to the emergency time frame. SBPF’s contractors are telling us that if construction does not begin in late October, it will likely be too late to work. Also, just FYI, we have some stability engineering reports that either are or will shortly be on their way to Nicole and Kara. Thanks. Steven Steven L. Cohen Reade, Gullicksen, Hanley, Gifford & Cohen, LLP P.O. Box 2669 (6 Youngs Way) Nantucket, MA 02584 508-228-3128 W 508-228-5630 F SLC@readelaw.com STATEMENT OF CONFIDENTIALITY: The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain confidential or privileged information. If you are not the intended recipient, or the person responsible for delivering the e-mail to the intended recipient, be advised you have received this message in error and that any use, dissemination, forwarding, printing, or copying is strictly prohibited. Please notify the sender immediately at either (508) 228-3128 or SLC@readelaw.com, and destroy all copies of this message and any attachments. From: Josh Posner [mailto:jposner@risingtidellc.net] Sent: Sunday, September 29, 2013 9:33 PMTo: Rick AthertonCc: Bobby DeCosta (albacor@comcast.net); Matt Fee (snatural@Nantucket.net); Tobias Glidden(integrity11@gmail.com); Bruce Miller (midasack1@comcast.net); Libby Gibson (LGibson@nantucket-ma.gov); Kermit Roosevelt (kroosevelt@mac.com); Helmut Weymar; Steven Cohen; Arthur ReadeSubject: Need for Immediate Action September 30, 2013 Nantucket Board of Selectmen 16 Broad StreetNantucket, MA 02554 Dear Chairman Atherton and Selectmen: As you know, the Board will consider emergency protection of Baxter Road on October1st and 2nd. This is a critical time and a decision must be made this week todetermine whether the Town is interested in saving Baxter Road prior to the winter storm season. The public infrastructure is in imminent danger of breach or closure. As we haveseen in other coastal communities, there are environmentally sensitive steps that are highly likely to provide effective protection that can keep Baxter Road open over the long termand avoid a costly plan for providing alternative access, which will be hotly contested among multiple parties. The Sconset Beach Preservation Fund has been working hard at the Town’srequest to provide assistance and is willing and able to continue to help the Town, but only if it acts immediately to take appropriate measures. If the Board votes to adequately protect the toe, face, and top of the Sconset Bluff, SBPF willprovide funding and other resources as agreed in our MOU. Such protection should involve storm water and drainage mitigation at the top, soil reinforcement and retention on the face,and robust protection of the toe, as well as sand mitigation for scour, flanking, and to offset impacts on down drift beaches. Our sense is that this will also be the recommendation of theTown’s consultants although unfortunately we have not seen their report yet. If the bluff protection installation does not start by the week of October 21, it will be too late according to our advisors and contractors to install the protection against likely stormsthis season. Therefore the full cooperation contemplated in our MOU should be implemented (something that has been lacking to date). It is imperative in this respect that the report fromconsultants with their recommendations be shared with us right away. To make sure that all parties are protected, both for this emergency infrastructure protection as wellas the associated long term erosion protection, we should amend to our July 5, 2013 MOU now as well. We hope that the Town takes clear and responsible action to protect the interests of theTown and its residents, and we look forward to assisting in your efforts. If you do not, the result could be that the Town ends up paying tens-of-millions of dollars fortakings, for infrastructure replacement, and for damages to property owners for failing to take reasonable action to protect their rights. Sincerely, Kermit RooseveltJosh Posner Helmut WeymarSiasconset Beach Preservation Fund Joshua Posner 77 Baxter Road Siasconset, MA 02564 617-549-3232- phone 617-492-1143- fax www.risingtidellc.net ********************************************************This message contains information from Rising Tide Development LLC that is confidential and/or privileged and is intended for the useof the addressee only. If you are not the addressee, any disclosure, photocopying, distribution or use of the contents of thisinformation is strictly prohibited. If you have received this transmission in error, please notify the sender immediately and destroy thistransmission.