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HomeMy WebLinkAbout2016-12-14Minutes for December 14 2016 adopted Jan 4 2017 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 xvxv- v.nantucket- ma.gov Wednesday, December 14, 2016 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFleur Ben Champoux, Ian Golding, Joe Topham - Called to order at 4:04 p.m. J Q Staff in attendance: Jeff Carlson, Natural Resources Coordinator, Tern' Norton, Town Minutes Taker e.— Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Z 7---4 \bsent Members: None G v� Late Arrivals: Erisman, 4:05 p.m. r n Earlier Departure: None 3 7 Agenda adopted by unanimous consent *Matter has not been heard N I. PUBLIC MEETING t� A. Public Comment: 1. Steve Bender, 73 Orange Street — When the Boat Basin was renovated, they received an amnesty license, which is supposed to be monitored by the ConCom; read Special Condition 10 of that license detailing the maintenance regime. None of the maintenance conditions are being met; this commission needs to adhere to the responsibility because the harbor is dying. He's told the commission about chemicals used at the cranberry bogs possibly affecting the harbor. He's told the board about the massive amounts of grey water being dumped into the harbor by luxury yachts. Stated he had just read the 1997 Woods Hole Oceanographic Institute study on the condition of Nantucket Harbor; the study stated the oxygen level in the upper harbor was compromised at that time. The algae blooms have increased so the oxygen level must be worse. We had a massive die -off of seed oysters, which is probably a combination of algae and lack of oxygen. Staff — Part of the condition is that the Boat Basin provide maintenance logs upon request; we should request those logs to demonstrate they are in compliance and then require to see the maintenance logs even- two months in perpetuity. Golding — He wants to have mandatory- dye requirements for vessels in the harbor to ensure they aren't dumping grey water. Staff — Suggested ConCom host a discussion with the Board of Health (BOH), Board of Selectmen (BOS, and the Harbor piaster on these issues. Motion to Craft a letter to go to BOS about dealing with grey water issues from boats in the harbor. !made b%:: Steinauer) (seconded by: Topham) Motion to Issue a letter to Boat Basin requesting maintenance logs and records in conjunction avith their Chapter 91 license. (made by: Steinauer) (seconded by: Topham) 2. Rachel Freeman, Nantucket Islands Land Bank — Update on 175 Polpis Road Enforcement Order. The homeowner has offered to pay for the restoration in full. The Land Bank will be coming in with an N OE for a plan to do that work. 11. PUBLIC HEARING A. Notice of Intent 1. Nantucket Islands Land Bank — 17 Commercial Wharf & Unnumbered Lot New Whale Street (42.2.4 -7 & 8) SE48 -2885 (Cont. 01/18/2017) 2. Sunset House, LLC — 15 Hallowell Lane (30 -10) SE48 -2924 (Cont. 01/04/2017) 3. *Maddelonc — 14 Western Avenue (87 -41) SE48 -2937 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Recused None Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering, Inc. — They have not heard back from 'Massachusetts Natural Heritage so this will have to be continued. Resource areas: coastal dune, coastal bank, and flood zone. The first part of the project is to upgrade the septic with restoration of beach grass; waivers are required due to performance standards prohibiting septic systems within coastal dunes and the distance from a coastal bank. A second portion is the renovation of the building to include: full foundation with walk -down stairwell and window wells, replacement of porch and deck, and dry-laid patio; all work is within the 50- foot buffer to the coastal bank and a portion within the 25 -foot buffer; A waiver is required for work within the 25 -foot no disturb. Groundwater is at elevation 1.7. Public None Paee 1 of 6 Minutes for December 14 2016 adopted Jan. 4 201- Discussion (4z1) Steinauer — Asked about the system being a simple Title V system and not I/ A. Champoux — Confirmed the waivers are based upon no reasonable alternative and net benefit. There is a lot of accretion there and the dune system is stable. Erisman — She is concerned about the full basement at the top of the bank. Bracken — The location of the house meets the Building Code slope setback requirements. Alternative, he can submit a geo- technical report confirming the stability of the bank. Steinauer — He sees no alternative location for the septic. The basement is another matter. Erisman — Replanting the bank should be a mix if what is currently growing there is a mix. Discussion about the stability of the bank and its ability to stand up to the full foundation. Bracken — _asked for a continuance. Staff This area is not deemed nitrogen sensitive because all groundwater flow is toward the ocean; the BOH doesn't require an I/A component. This has to continue so there is time for the applicant to provide an analysis of the bank to ensure it won't destabilize Motion Continued to January 4, 2017 without objection. Vote N/A 4. `* Nantucket Islands Land Bank — 48 South Cambridge Street (59.3 -42) SE48 -2938 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Recused None Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors — This parcel is now vacant; this NOI is for a 4 -space parking area, access path, and viewing platform for use by the public in the same area as the former dwelling. The deck is outside the 50 -foot setback. The parking area is in previously mowed lawn area outside the 25 -foot no- disturb zone. The in the future there will be an NOI or amended order for an elevated walkway to a dock that requires a Chapter 91 license. They have the Natural Heritage and Endangered Species Program (NHESP) approval. Resource areas are Long Pond and flood zone. Rachel Freeman, Nantucket Islands Land Bank Public Larry Lavigne, President Massasoit Village Condo Association Discussion (4:39) Erisman — .asked why the parking can't be shifted further south away from the 25 -foot buffer. Santos — In this location, the H/C parking would be nearly level with the viewing platform to be Americans with Disabilities Act (AD A) accessible. The future walkway would have a 2% grade to the platform to meet 3D A requirements Freeman — Their goal is to make access to the site AD_y compliant. Steinauer — To that end, there should be a bench on the -,7ewing platform. Lavigne — We are in favor of the open space but there is a concern that it looks like much of the cleared property- is the Land Bank's. We would like to discuss the ability to mark where Land Bank property begins and ends. Also concerned about use of the parking after hours that might create noise and trash. Santos — A post- and -rail fence along the property line would be a good idea to mark the propem line. The deck is setback off the property line to comply with zoning. Freeman — Some Land Bank properties are posted against after -hours usage. Staff If the commission doesn't grant a waiver, it can condition the project to move the walkway away from the 25 -foot no- disturb zone. Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 5. *Fargo Way Realty Trust & Wauwinet Realty Trust— 10 Fargo Way (14 -15 7 61) SE48- (Cont. 01/18/2017) B. Amended Orders of Conditions 1. Ilither Creek Boatyard, Inc — 20 North Cambridge Street (59.4,38,38,60 - 2,14,15,17) SE48 -2141 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding Recused Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors — This amendment is for the in- water component to expand to eleven 4X32 foot new floating finger piers attached to piles; they are at the most w-esterh- end of the current dock and run down the creek. Reviewed a supplemental letter that discusses reports for the original NOI. Explained how the boats would approach and dock; would propose protection for the saltmarsh from backwash if required but have not had issues with other portions of the docks. Resource areas: Land containing shellfish and coastal bank. Boats are shallow draft with sufficient depth that the boats don't impact the bottom. Read a statement in regards to the benefits of the docks for _Madaket Marine. 11 additional slips require full Chapter 91 filing. Chris Shannon, Chief Operating Officer Madaket :Marine Sarah Alger, Sarah F. Alger P.C. Public Emily \Iolden, Nantucket Land Council 1)1Jl. UJJ1011 i.D t) Steinauer — Wuuid iikc lu 11,1\C 101111 killi of LAIC:111C "l-', I0 il—k Llo :v:. J: adjacent saltmarsh bank. Page 2 of 6 Minutes for December 14 2016 adopted Jan 4 2017 Santos — That can be noted and documented but there has been no significant erosion of the bank adjacent to the existing docks. Erisman — In a storm, the existing slips are harbored and the proposed is almost in the middle of the channel; asked if there are any anticipated difficulties. Shannon — Prevailing summer winds are southwest so intrusion is about one -third to one -half, besides the docks are set up for storm surge. Golding — Asked if there are plans to extend the bulkhead in the future. Santos — No, there are limitations that restrict parking and tight -tank usage. There are shellfish in a specific area of the basin and is included in the original file. Erisman — Asked if there is a way to quantify nitrous -oxide from the boat engines. Shannon — Boat engine technology is such that oil and fuel don't go into the water. 95° o of the engines are four stroke. Steinauer — Asked what would happen to the moorings in the area. Santos — Those belong to AIadaket 'Marine and would be relocated within the area. The original NOI file was for extending 50 feet down the creek; in the end the only work on the docks was to make their access yDA compliant. Bennett — Asked who polices the boat owners lifting the engines and backing into the slips. Shannon — They can't come bow in because it would protrude over the dock impeding access. When they exit the dock, they move very easy and don't create a wake. Noted they don't have transient use of slips. Molden — At this point, their biggest concern is the amount of time that has passed since the original studies; the shellfish study is eight years old. Thinks it a good idea to request an updated shellfish study. She doesn't expect there to be a lot of eel grass but thinks the information from a new study would be helpful to have on file. Santos — They would be willing to get the 2008 shellfish survey for baseline information. They have no issue with providing information for an updated shellfish report. Asked that the amended order include the condition that public comments from the Chapter 91 hearing be included in this file. Pointed out that Hither Creek is an area protected against shellfishing. The upland portion of the original NOI had significant monitoring. Golding — Feels it was an oversight in 2008 not to include monitoring of the existing slips and would like that added to the amended order. Staff Last meeting there were questions about who could sit on this, only Mr. Topham has a conflict. Condition 26 of the original Order of Conditions sort of addresses monitoring erosion of the saltmarsh and can be expanded upon. There are a couple things that have happened since 2008: the remap of eel grass in 2015 showed none present in this area; also the 2010 estuary plan included shellfish information. Haven't asked for monitoring to this point the edge of the saltmarsh is obviously something that should be monitored and can be conditioned. Noted that Hither Creek is frequently hypoxic. Language of the condition would be, "Prior to start of work on the 11 -slip expansion, a report — including photographs and surveys showing the current edge of the saltmarsh for the entire facilin•, composition and density of shellfish and eel grass found within the expansion area — shall be filed with the commission on an annual basis for the duration of the permit." Conditions of the original Order are still effective. ,\lotion Motion to Close the Public Hearing and Issue with additional conditions as drafted. (made b% Steinauer) (seconded by: LaFleur) Vote Carried unanimously 2. Colson — 9 Hallowell Road (30- 14,15,257) SE48 -2916 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Recused None Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Bob Emack — Current order is to demolish the garage portion and put a full foundation under the remaining portion; this request is to demolish the entire main structure due to water infiltration and mold and build a new dwelling in the same footprint. Public Emily Molden, Nantucket Land Council — Looking at the aerials, this lot is protected by a small bulkhead; now that this pre -1978 structure has a request to be demolished, the motion should contain a finding or condition to document that the main structure is new should a future request come for additional protection. In the past there have been questions about on -going conditions after the permit ends; suggested a finding in the order that has a statement about the bulkhead. Discussion (5:42) Golding — The bulkhead in place was built to specifically protect a pre -1978 structure that is no longer there. Discussion about a finding on the Order of Conditions stating this is a new structure and no longer qualifies for protection. Bennett — It is the finding of this board that this would be a new structure. Parrs 'A .,f Minutes for December 14 2016 adopted Jan. 4 201- Staff Under Coastal Bank Performance Standard 8 stipulates that any new or substantially renovated structure within 100 feet of the top of a coastal bank that no coastal engineering structure of any kind shall be permitted. "Substantially improved" relates to the expansion of habitable space; there would have to be an additional finding that the structure is new. They can maintain the bulkhead that is in place; if they are going to rebuild, expand or substantially improve, then the pre -19 78 exemption would not apply. They would have to apply for a waiver and prove that they meet the conditions of that waiver before expanding or substantially improving the existing bulkhead. Motion Motion to Close the public hearing and Issue with the finding that the demolition creates the condition that the replacement structure is a new house. (made by: Golding) (seconded by: Topham, Vote Carried unanimously 111. PUBLIC MEETING A. Requests for Determination of Applicability 1. Carpenter — 17 Columbus Avenue (59.3 -108) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Representative None Staff No one is here, suggested carrying forward. Discussion (5:59) No questions or comments at this time. Motion Continued to January 4, 2017 without objection. Vote N/A 2. Pommet Family Trust — 46 Dukes Road (56 -247) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Representative Don Bracken, Bracken Engineering, Inc. — This is to convert from septic to sewer. _y bordering vegetated wetlands are on the other side of the road. The existing tank yvill be retrofitted with a grinder pump system and tie into the existing force main; these pumps last about 20 years. The tank is 1000 gallons so if something goes wrong with the pump, there is a lot of storage while it is being repaired. Staff Recommend issue as Negative 3 for work within the buffer zone. Discussion (6:00) None. Motion Motion to Issue as recommended. (made by: LaFleur) (seconded by: Golding) \Tote Carried unanimously B. Minor Modifications 1. Hunter Realty Trust — 47 Cliff Road (29 -43) SE48 -2753 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Representative Mark Rits, Site Design Engineering — This is for the relocation of a previously approved spa closer to but still outside the 50 -foot buffer; addition of a patio and fire pit outside the 50 -foot buffer to the toe of a coastal bank; and the house footprint has been modified but most of that is outside the 100 -foot buffer. The condition that the spa be drained outside the 100 -foot buffer �viIl be carried forward. Bill Hunter Staff Recommends approval. Discussion (6:03) None Motion Motion to Approve as a minor modification. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously C. Certificates of Compliance 1. Thompson — 14 Fargo Way (14 -17) SE48 -2645 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff He has been working with the client to bring the project into compliance. Recommends it be carried forward to January 4, 2017 and it is not in compliance at that time, the certificate should be denied and issue out an enforcement to bring into compliance or remove. Discussion (6:06) Erisman — It has been two years of work and being out of compliance with on -going issues. Staff — The structure is correctly built; it's the maintenance activin-, sand, and plantings that are at issue. Motion Continued to January 4, 2017 without objection. Vote N/A 2. DeAngelis — 109 Baxter Road (48 -12) SE48 -2593 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Relocation of structure; work completed and no on -going conditions. Discussion (6:11) None i\lotion Motion to Issue as recommended. (made by: Golding) (seconded by: Steinauer) Vote Carried unanimously 3. Grove Lane Realty Trust — 24 Grove Lane (41 -439) SE48 -2781 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff .-111 the mitigation plants are in; all monitoring reports submitted; work is in compliance. _-lsked the board continue Condition 24 requiring monitoring reports for 2017 and 2018 to get the last two years. Discussion (6:12) None \iutiuii i�Iutiun to Issue with cuntinuation of Condition 24. �meuc u,: i_ai icar� ��cuniuc� i�;: luhnam, Vote Carried unanimously pgao 4 of Minutes for December 14 2016 adopted Jan 4 2017 D. Orders of Condition 1. Nantucket Islands Land Bank— 48 South Cambridge Street (59.3 -42) SE48 -2938 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Will add Condition 20 putting the parking and path outside the 25 -foot buffer. Discussion (6:14) Erisman — Asked for a condition that would move the parking out of the 25 -foot buffer. \lotion Motion to Issue as amended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously E. Monitoring Reports 1. Nantucket Conservation Foundation — 161 Polpis Road (44 -16) SE48 -2404 2. Nantucket Conservation Foundation — 2 Squidnet Way (21 -119) SE48 -2475 3. Grove Lane Realty Trust — 24 Grove Lane (41 -439) SE48 -2781 4. Nantucket Pond Coalition — White Goose Cove within Long Pond (59.3 1-60;62 - 46,47,104 1-35;9) SE48 -2908 Presentation (6:17) Staff — A representative of the Pond Coalition will give an update on the phragmites removal project. Dr. Doug Horst, MD — They did their pre- and post- treatment assessments and submitted their reports. The affect of the herbicide won't be appreciated until spring during the period of regrowth; it is toward the end of the growing season and all the phragmites are dying out. In the area done last year, there is vern- little regrowth. Other plant life in the area is growing nicely and appears to be unaffected. The soil samples showed no significant change or activity. The water quality samples were not taken properly so can't make a comparison; the water quality testing is done by a company that was hired. Erisman — Noted they are measuring CO'- for invertebrates; asked if they are doing species analysis to ensure the COI respiration is not from decomposing tissue. Horst — Not in the soil. They are using COz as a marker-, there is virtually no activity in the sandy soil. Golding — We asked for a baseline assessment; but it seems that might not have happened. Horst — It did and is included in the report, which showed very minor changes. Temperatures changes could also affect the results of the test; seasonal changes could affect the invertebrate viability but they did not see a seasonal change. There was no visible or measurable change in the COI. Erisman — She did not support this so will continue to question the COI as a standard. Steinauer — He believes the board's intent would have been to look more at the individual, small, invertebrate animal, not necessarily bacteria; this could all be bacteria. Golding — Asked the volume of glyphosate that was used. When he went out there, he saw about 200 to 300 gallons of glyphosate concentrate in the support vehicle. He thought the volume was going to be no more than three or four gallons. Steinauer — As a licensed applicator, he's required to fill out a form that states how much was used. That data should have been collected. Horst — The volume is not li sted in the report. Erisman — She is concerned about drawing conclusions from the invertebrate sampling especially without the post- treatment sample, which allegedly wasn't able to be done. Next time a sample won't be relative unless there is post- treatment sampling. Horst — Suggested that if the population rebounded well, that should be sufficient data of no adverse impact. Erisman — Disagrees because the glyphosate would have had time to break down into chemicals that are naturally in the soil. Horst — .Asked if a temporary- drop with a full recover in time be a reasonable means to measure the project. Staff — Taking a snapshot and projecting it across a project is difficult to accept-, we are using the data to make a better decision on a similar project. Bennett — We have a baseline and a control area that can be used for comparison. Erisman — Reviewed her concerns regarding the monitoring reports. Staff — There were some issues with information that came in, but that wasn't recognized until after it was processed. That's why the Pond Coalition sent someone to present the report. Horst — In regards to the water sampling, management ultimately decided we couldn't trust the results, -,vc questioned what the company we hired did and learned the sample wasn't taken as expected. Staff — It is important to recognize there are problems and make changes to correct them. F. Other Business (6:22) 1. Approval of - Minutes — 11/30/2016: Approved by unanimous consent. 2. Enforcement Actions a. 84 Baxter Road: Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff 'Phis was for house renovation and landscaping; a lot of the areas went right up to the wetland. The most troublesome is a white pipe in the landscaping the comes out of the ground; he can't ascertain what it is for. Even more troubling is a shed constructed without a permit; we specifically removed the shed because they wouldn't get the waivers necessary for its construction. Recommends that as part of the enforcement, the boarci order rcmovai of the shed and ask about tiic pipe. Discussion Discussion about what the pipe might be. T_)___ r cc Minutes for December 14 2016 adopted Jan. 4 2017 \ction Motion to Issue the Enforcement Order requiring removal of the shed and applicant is to appear before the board to explain the pipe. (made by: LaFleur) (seconded by: Erisman) Vote Carried unanimously b. 41 Shawkemo Road Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This is an unpermitted cutting; when he went to the site Green Plant iT Landscape, Inc. was there. The work was done on a rear parcel within the buffer for a coastal bank and wetland; the lumber was stacked behind the sign for 41 Shawkemo Road. The work actually. took place on Nantucket Conservation Foundation (NCF) property, not unlike what has happened to Nantucket Island Land Bank. He has informed NCF of the enforcement order. If the board the chooses, an enforcement order can be issued to the party the work clearly benefitted or let NCF handle it as the Land Bank did. It was hard to tell how much was included in the cutting; it was mostly cedar trees and some brush. With this Enforcement Order, he wants to issue it and also wants the board's permission put the violator in the paper with NCF's blessing running the name and address with the pile of wood. He would like a public hearing after the new year to do a table for violations and to change and adopt the fines for scale of trees: for example S300 per tree over eight inches in diameter at the stump. He feels people just aren't getting it. He -,ill first coordinate with NCF so that he doesn't infer oath any proceedings on their part. Discussion Golding — Noted that there is a body of law over this. . \ction Motion to Issue the Enforcement Order for NCF property on Shawkemo Road. (made by: Steinauer) (seconded by: Erisman) Vote Carried unanimously 3. Reports: a. CPC, Golding — Reviewed a handout listing the projects and monies being granted. Discussion about grants for affordable housing. b. NP &EDC, Bennett — Discussion about sand dispersal of `Sconset Bluff Preservation Foundation (SBPF,. Review of ConCom jurisdiction in regards to stormwater management. c. Mosquito Control Committee, Erisman — Nothing to report 4. Commissioners Comment a. Erisman — She was contacted by the Coastal Conservancy and D Anne Atherton about the `Sconset Bluff and the potential trigger of failure criteria. Staff — Their first full monitoring reports arrived late today; those Mill be sent to the commissioners in the morning. There is a condition they need to provide updates even- six months on the status of the relocation of Baxter Road; that has not happened to date. Both SBPF and the Town are responsible for those updates. He will review the report condition by condition to ensure the information the board needs are in there; if not he will state that then send the report off for review-. That will trigger the four - week review period. b. Golding — Noted that in the article about the Madaket sewer defeat, there was no mention of lawn runoff, everything else was brought up. c. Steinauer — In regards to nitrogen in the harbor, he asked about the harbor surface area; it is about 5,250 acres. Looking at two pounds nitrogen atmospheric deposition per acre, that's almost five tons of nitrogen coming from the atmosphere into the harbor every year; if he remembers correctly during fertilizer committee, that is over half the input of nitrogen into the harbor; the rest is street runoff, lawn fertilizer, and septic. Staff — The percentage we use for atmospheric deposition is almost seventy percent. Atmospheric deposition has gone up over the last fifty years due to burning of fossil fuels. 5. ,-Administrator /Staff Reports a. This past Monday, he travelled with a group of charter -boat fishermen to the Mid- _Atlantic Fisheries Council Meeting in Baltimore Maryland; they were there to support the inclusion of looking into the possibilin- of an area closure for small -mesh dragging for squid south of the Island out twelve miles. We petitioned that it needs to be looked because the dragging is so efficient it is destroying our recreational and other fisheries. The best example is that - Martha's Vineyard has a five -week striped bass tournament; last year they had 4,000 entrants and only 121 striped bass were caught. We asked the council to include looking into a capacity amendment for squid; they heard three people and declined to take comment for anyone else and argue that narratives from recreational fishermen isn't sufficient to indicate there is an impact on the fish. On December 15, a similar meeting will be held by the State for within the three -mile line. They will be petitioning the state to hold a public hearing here on the Island. Spawning squid is the primary forage food for all the fish around Nantucket. The board might consider signing a letter of support for legislation on the small-mesh dragging. Explained that the .Asian market for calamari is driving the industry because they don't have the squid any longer. The rest of the Massachusetts coast has protection; for some reason the Cape and Islands were omitted from protection. \lotion to Adjourn: 7:17 p.m. Submitted by: Terre L. Norton