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HomeMy WebLinkAboutSE48_2824 Email J_ Posner to ConCom Order to Remove Geotubes Rescind 7_7_21From:Josh Posner To:Dawn Hill Holdgate; Matt Fee; Jason M. Bridges; Melissa B. Murphy; Kristie Ferrantella Cc:Erika Mooney; Libby Gibson; Ken Beaugrand; George Pucci; GWood@rubinrudman.com; Dwight Dunk; Steven@Cohenlegal.net; Michele A. Hunton; Jeff Carlson; Joanne Dodd Subject:ConCom Order to Remove Geotubes Date:Wednesday, July 7, 2021 11:57:55 AM Attachments:Letter to Commission 7.7.21.PDF Dear Select Board: Attached is a letter our attorney has sent to the Conservation Commission reiterating our position with regard to the current deficit (per the permit) in sand delivery to the geotubeproject. We respectfully requested that the Commission reconsider and rescind its removal order from last week. As we stated before their vote, SBPF is prepared to meet a 4-yearprogram of catching up as was proposed by project opponents and as the Commission indicated would be acceptable. (See NOTE below.) As you will see, our letter clarifies that the catch-up program will move forward if wecontinue to operate the project; as you are aware, without a path to an expanded project, we expect to terminate our involvement and turn project oversight over to the Town. This isconsistent with our stated position to the Town in January. However, as you know, we agreed to your request for a holding pattern while the Town engaged an independent expert, Arcadis,to evaluate the viability of the project and explore alternatives with an agreed timetable for completion this summer. As we explained in January, while there was appropriate sand in place to recover the geotubesafter storms through the summer from an environmental perspective, there would be an increasing shortfall in sand required under the terms of the permit. We explained our concernthat if we continued to operate the project, the Commission might take this opportunity to declare it in violation, and perhaps even order its removal. We appreciated your response thatTown leaders would also request that the Commission agree to wait for the Arcadis report before taking further action. Unfortunately, that has not occurred. Under these circumstances we respectfully ask that you urge the Commission to reconsider itsaction of last week. If the Arcadis process does not lead to a resolution in the short term, there will be no need to order its removal; SBPF will simply hand the project over to the Town aswe said we would last January. We continue to have confidence that the geotube project is effective, environmentally sound and an appropriate strategy for protecting the historic‘Sconset bluff community and town infrastructure. As you know, the walk to Sankaty Light House is one of Nantucket’s most popular gems. How can our island’s decision-makers allowthe sacrifice of this important area to the ideological preferences of a few, while a privately- funded system has proven its effectiveness over 8 years without harming others? We hopethat a reversal of the ConCom order will allow the Select Board’s carefully structured process with Arcadis to proceed as planned. Sincerely, Josh Posner Enclosure NOTE: SBPF has delivered more sand than is normally required for coastal protectionprojects and that has eroded through natural erosion in the decades prior to project installation. We are and have always provided sand in a volume equal to or greater than theamount of sand that has washed from the geotubes onto the beach. The permit for the pilot also includes a safety margin of about 80% extra sand, which we agreed to provide initially aspart of the testing phase and which we expected would be revisited in a few years when we permitted the full/expanded project. Instead, that process has been underway for nearly 8years and the Commission has consistently refused to consider a revision. There is no actual shortage of needed sand, only a recent shortfall in the 80% extra required asan initial safety factor. Most importantly, the regular beach surveys demonstrate that there has been no impact on nearby beaches from the project. Josh Posner, President Siasconset Beach Preservation Fund PO Box 2279 Nantucket, MA 02584 617-549-3232 joshuacposner@gmail.com www.sconsetbeach.org This email was scanned by Bitdefender