HomeMy WebLinkAbout2011-9-20Nantucket Harbor & Shellfish Advisory Board
Minutes of Meeting held Sept. 20, 2011
Approved:
Conference Room, 2 Fairgrounds Road
Call to Order at 4:34 p.m.
Members Present: Dr. Peter Boyce, Peter B. Brace, Doug Smith, Michael Glowacki and
Wendy McRae
Members Absent: Bill Blount and Bob Rank
Marine Dept:
BOS: Whitey Willauer
Others: Val Hall, Bam LaFarge
Approval of Agenda: Approved unanimously
Approval of Minutes: Approved unanimously, Ms. McRae and Mr. Glowacki abstained.
Chairman's Report:
MMA Benthic Survey of Nantucket Harbor underway
Dr. Boyce reported this 6"' annual survey is revealing a very poor 2011/2012 scallop
season with very places holding adult scallops, mostly seed and nub scallops in the
harbor, but he noted that he's never seen so many seed scallops in the harbor. And that
there are few scallops in Madaket, but no adults at Hussey Shoal and Third Bend.
Dr. Boyce said that the board should consider closures of certain parts of Nantucket
Harbor to protect the seed. Mr. Brace asked Dr. Boyce how the season looked for
recreational scalloping. Dr. Boyce responded that at least Monomoy is devoid of scallops.
Mr. Smith noted that the eelgrass hides a lot of the scallops and that nobody will truly
know how the season will be until dredges are dropped and dragged.
Dr. Boyce reported that the Head of the Harbor is loaded with seed along the north side
of Pocomo and also Fourth Bend. Mr. Smith said it was premature to close any part of the
harbors until the season starts.
Shellfish Management Plan:
Dr. Boyce announced that the Shellfish Management Plan meeting was scheduled for 5
p.m. on Sept. 21 at 4 Fairgrounds Road, upstairs.
Marine Department Report:
No report. Neither Dave Fronzuto nor Tara Riley were present at this meeting.
Ms. McRae said she doesn't like it when the Marine Department doesn't have a
representative at HSAB meetings and that their input on HSAB matters is vital at every
meeting. Dr. Boyce agreed and said this doesn't happen very often. Mr. Brace noted that
they both had good excuses. Ms. McRae asked why Assistant Harbormaster Wayne
Dugan, office administrator Catherine Dickey or Assistant Harbormaster Sheila Lucy
couldn't give the report in the absence of Ms. Riley and Mr. Fronzuto.
Mr. Smith reported that Phil Osley dove on the 30 -foot, twin- engine boat that sank off the
East Jetty to ensure that all fuel petcocks were closed and said he heard that there wasn't
much fuel on board.
Mr. Brace suggested that the board request that Mr. Fronzuto send one of his staff in his
or Ms. Riley's place prepared to give the Marine Department report should both of them
be unable to make a meeting for whatever reason. Mr. LaFarge stated Catherine Dickey is
excellent with the public and would probably represent the Marine Department well.
Old Business:
Appointment of third HPIC Representative
Mr. Brace said that after attending the town's conflict of interest workshop on Sept. 19, it
was obvious to him that he couldn't represent HSAB on the HPIC while producing the
Blue Pages and that he really doesn't have the time anyway. Mr. Glowacki said he
wouldn't represent HSAB because he doesn't support the Board of Selectmen doling out
assignments to committees such as implementing the harbor plan, something he believes
existing town administration should be charged with. Ms. McRae said she would support
Mr. LaFarge serving another term on the committee despite him no longer being a
member of HSAB if the selectmen do the appointing. Mr. LaFarge reiterated that the
committee does need some new blood, but Mr. Willauer said Mr. LaFarge has the
continuity to help finish implementing the plan, which is nearly done. Ms. McRae said
she was concerned that Mr. LaFarge was no longer on HSAB and therefore, not
representing the board.
Ms. McRae noted it should be OK for Mr. LaFarge to represent the board on the HPIC
because Mr. Willauer used to represent the selectmen at HSAB before he was elected to
the BOS. Mr. Glowacki said the selectmen need to keep the pressure on to get the harbor
plan implemented. Dr. Boyce disagreed with Mr. Glowacki and said that because the
BOS changes every year, it needed a reminder to keep the pressure on and that that's one
of the functions of the HPIC.
After Dr. Boyce called for a motion to recommend that the selectmen re- appoint Mr.
LaFarge to the HPIC, Mr. LaFarge reiterated his willingness to serve another term and
offered monthly reports to HSAB. Mr. Brace made this motion and Mr. Smith seconded
it. Mr. Smith added that Mr. LaFarge's participation on the HPIC thus far has been
invaluable.
Mr. Smith, Dr. Boyce and Mr. Brace voted to approve Mr. Smith's motion that the board
recommend to the selectmen that it re- appoint Mr. LaFarge to the HPIC. Mr. Glowacki
voted no and Ms. McRae abstained.
Report from the Conflict of Interest Workshop:
Mr. Brace reported that the most important thing he learned at this seminar is board
members should always disclose their potential conflict of interests to the board, recuse
themselves from a given discussion if they think they should and always call the Ethic
Commission office if they need advice on how to act before committing a conflict of
interest. Mr. Smith reminded the board that HSAB was issued a legislative to exception
to the conflict of interest laws, which allows fishermen to on the board to vote on fishing
matters.
Dr. Boyce said the handout from this seminar would make potential conflicts of interest
fairly obvious and asked that Mr. Brace be the conscience of the HSAB. Mr. Glowacki
stated that problems arise when conflicts come up and board members decide to be their
own judge and not seek outside advice. Mr. Smith said board members should work as a
team to point out potential conflicts of interest to each other. Although Mr. Willauer and
Ms. McRae said individual board members must declare their conflicts, Mr. Smith was
just asking that members help each other out in identifying possible conflicts.
Petrel Landing plans:
Dr. Boyce reported did not write a letter to the Land Bank Commission asking it what the
status of the commercial pier at Petrel Landing in time for HSAB's Sept. 20 meeting but
he would be doing that afternoon. Dr. Boyce said that he probably needed to meeting
with Land Bank Executive Director Eric Savetsky. Mr. LaFarge said that Carl Sjolund
and his son, Jim, were both very interested in this project and that they should be
involved in the planning of it. Mr. Willauer said that the architect's moving his building
abutting the west of the property and the Maria Mitchell Association's shuffling of
buildings on Washington Street may have diverted the Land Bank Commission's
attention away from Petrel Landing, and that it's worth it to revisit the project with Mr.
Savetsky sometime soon. Dr. Boyce stated that he would make an appointment to meet
with Mr. Savetsky.
Mr. Smith said Dave Fronzuto should be involved in these discussions.
New Business: 5:17 p.m.
Great Point Wildlife Refuge Plan:
Mr. Brace reported that the U.S. Fish & Wildlife Service had held a public information
meeting in September 2009 in the town annex conference room to explain their
Comprehensive Conservation Plan process for its property on Great Point. He reported
that a new group of fishermen had formed calling itself the Seal Abatement Coalition.
Mr. Brace reported that after attending a public hearing for the CCP for Great Point on
Sept. 15 that it seemed to him the Fish & Wildlife Service wants only to manage its 21
acres of the refuge, help the Trustees of Reservations and Nantucket Conservation
Foundation manage theirs, and if it has the funds, possibly acquire surplus federal lands
on the island for further conservation efforts including the U.S. Coast Guard LORAN
station land that includes part of Low Beach and Federal Aviation Administration land in
Madaket at the Head of the Plains. On the latter property, Mr. Brace reported that
USFWS is hoping to re- introduce New England cottontail rabbits. He also reported that
the USFWS also wanted to designate Coatue from Coskata to First Coatue Point a
National Natural Landmark, acquire the Great Point Lighthouse from the U.S. Coast
Guard, help the town manage Muskeget Island and possibly acquire the Creeks from the
town and NCF. Altogether, said Mr. Brace, the USFWS has its eyes on 1,790 acres of
Nantucket land.
Mr. Brace reported that the public comment period ends on Oct. 1 at which point the
USFWS would review all comments, make changes to the CCP — recommending Option
B, the preferred option — if necessary and then issue a final plan that if agreeable to the
Regional Director, would be deemed Finding of No Significant Impact and
implementation of the plan would begin possibly as early as Spring 2012.
Dr. Boyce HSAB's biggest concern is Coskata Pond and the aquaculture happening
within it. Ms. McRae said that the board could hold a meeting to discuss this plan and it
only needs 48 hours' notice to post the meeting.
Statewide Shellfish Planting Guidelines:
Tara Riley attended a conference on shellfish planting on Sept. 20. Dr. Boyce said Ms.
Riley would be reporting on what she learned at that conference at the Oct. 4 meeting.
Moorings in shellfish beds with eelgrass — do we need regulations:
Mr. Smith said mooring companies appear to expanding mooring placement into shellfish
beds, specifically 30 -40 moorings in front on Hulbert Avenue in 2011 and Warren's
Landing in 2010, both prime scallop and quahog habitat. Mr. Smith said that it might be
time to discuss possible regulations for the protection of shellfish beds. Dr. Boyce agreed,
saying the board needs to explore possible approaches to protecting eelgrass. He noted
that every year, moorings appear on Hussey Shoal and although Mr. Fronzuto gets them
moved, in many cases, the damage to eelgrass is already done. Mr. Smith said these are
usually boats anchoring, but that the damage to eelgrass can be far worse than mooring
tackle dragging on the bottom. He added that the bylaw states mooring must be out by
Oct. 1, but that each year, the moorings are set in different places and usually in shellfish
beds where eelgrass is gradually disappearing. Mr. Brace suggested that all mooring be
Helix moorings because they're never removed and there is no chain dragging on the
bottom.
Dr. Boyce said enforcement of designated mooring and anchorage boundaries is the real
issue, but Mr. Smith said that it can be difficult for boaters to differentiate between the
two zones. Ms. McRae noted that HSAB is dealing both people anchoring in shellfish
beds and mooring companies setting their mooring there as well. Mr. LaFarge said that
with no mooring in the lagoon at Tuckernuck, he uses an anchor with rope, but no chain
and he doesn't see this method as destroying eelgrass. Mr. Willauer stated that one of the
problems in front of Hulbert Avenue is that property owners have a right to moor /anchor
their boats in front of their house with up to two moorings and there is no formal mooring
grid for this area. Mr. Brace said that Mr. Fronzuto must be part of the current discussion.
Mr. Willauer said that another issue to include in possible mooring field regulations is the
extra long painters being put on boats between their bows and their moorings that make
their swing radius much wider. Combined with a dinghy hanging off the back of the boat,
these boats can swing even wider making navigation through the mooring field difficult.
Mr. LaFarge noted that 2/3s of the moorings at Warren's Landing don't have boats on
them during the summer, but a bigger issue is overloaded boats backing out from the
shore with their props scouring the bottom and digging out craters.
Tuckernuck public dock:
Mr. LaFarge reported that Mr. Fronzuto wrote into the harbor plan that Tuckemuckers
need to help him build a community dock for Tuckernuck but that no one on that island
wants it to be a public dock. Mr. LaFarge said that docks and piers don't last long at the
east of Tuckernuck because of erosion and storms, but that there is one private pier and a
"bootleg" dock in the southwest corner of the lagoon.
Mr. LaFarge said that most of the Tuckernuck community seems to want a dock/pier, that
they asked him to pursue this effort through Mr. Fronzuto and the town and that it should
be a removable or seasonal dock. His personal interest in having one, Mr. LaFarge stated,
is for emergency situations and that the people who have the bootleg dock should
somehow be included in this process.
Dr. Boyce asked what HSAB's role is in this project and Ms. McRae said that will HSAB
might not have a role in this, it definitely has an interest. Mr. LaFarge stressed that he
needs to meet with Mr. Fronzuto on this and that the Tuckernuck Land Owners
Association needs to be involved. Dr. Boyce stated that HSAB is willing to help LaFarge
and the Tuckernuck landowners.
Public Questions and Comment:
Mr. Willauer said that Senator Kerry and Senator Brown are forming a committee along
with 17 other senators on coastal management, and he suggested that HSAB get up to
speed on this.
Recap and Items for Next Meeting:
Dr. Boyce will speak with Mr. Rank about conflict of interest, to Mr. Savetsky about
Petrel Landing plans and he will think about how to deal mooring problems, and think
about possible regulations.
Adjournment: 5:38 p.m.
Unanimously approved
Next Meetings:
Oct. 4 and 18, 2011
Respectfully submitted,
Peter B. Brace, Secretary