HomeMy WebLinkAboutSE48_2824 SBPF Legal Letter Update and Request 05_25_21From:Steven Cohen
To:Jeff Carlson; Joanne Dodd
Cc:jposner@risingtidellc.net; Glenn A. Wood (GWood@rubinrudman.com); Dwight Dunk
Subject:SBPF update and request
Date:Tuesday, May 25, 2021 6:49:48 PM
Jeff,
Please circulate as appropriate.
Steven
Nantucket Conservation Commission
By email to the Natural Resources Department
Town of Nantucket
May 25, 2021
Dear Chair Erisman,
I am writing to you on behalf of my client, SBPF, to revise and clarify some misstatements and
misconceptions about the Sconset Bluff protection project. SBPF is confident in and committed to
this project, and to working with the Town and the Commission on appropriate ways for it to move
forward in compliance with the associated permits and agreements. I appreciate that the
Commission has the grace and professionalism to move forward productively, and not be distracted
by the drama and noise coming from all sides on this important project.
SBPF requests that the Commission direct the Natural Resources staff and the Town’s independent
consultant (Greg Berman) to work with SBPF to develop a plan for delivery of mitigation sand to be
done in compliance with the permits, and with the most benefit and without negative impacts.
There are a number of factors that need to be considered to avoid unintended negative
consequences. For example, delivery of the sand at the wrong time or in excessive volumes could
negatively impact the cobble habitat, the beach and bluff flora and fauna, and the
public/community. This plan should be submitted to the Commission for review and approval so
that any work done under it is in compliance with applicable laws and regulations, so that the best
available information is utilized, and so that there are clear and public expectations.
It is worth noting that SBPF’s delivery of sand is in compliance with the formula that both the State
DEP and the Nantucket Conservation Commission use for calculating sand mitigation for essentially
every other erosion mitigation project in the state. If there is a deficiency relative to the overage
required by the cautious test volume in the current permits, this does not translate into an urgent
deficiency in the littoral system. Further, we are currently in a non-storm season where the summer
beach is building up and very little erosion is likely to occur until the Fall. Therefore, the need to get
it right should be put before the need to do it fast.
The current portion of the Sconset Bluff protection project has been in place since 2014 and has
been very successful. There have been many lessons learned regarding design and improvements to
monitoring and maintenance going forward, and SBPF is confident that as Nantucket considers its
coastal resiliency in the face of climate change, the expansion of this project will be the gold
standard for an environmentally sensitive protection system. SBPF looks forward to working with
the Commission, the Town and the community to find the right solution for this project.
Best regards,
Steven
Steven L. Cohen, eSq.
Partner | Cohen & Cohen Law PC
34 Main Street, 2nd FloorMail: Post Office Box 786Nantucket, Massachusetts 02554Tel. (508) 228-0337; Fax (508) 228-0970
Email: Steven@CohenLegaL.netVisit: CohenLegaL.net| Connect on Linkedin | View my Bio
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