Nantucket Land Council
PO Box 502, 6 Ash Lane
Nantucket, MA 02554
508.228.2818
www.nantucketlandcouncil.org
BOARD OF DIRECTORS
Lucy S. Dillon, President
Paul A. Bennett, Vice President
William Willet, Vice President
Laurel Ried Langworthy, Treasurer
Susan E. Robinson, Clerk
Matt Anderson
Susan Baer
Mary-Randolph Ballinger
William S. Brenizer
Paddy Farrell
Robert Friedman
Nancy Gillespie
Nathanael Green
Matt Haffenreffer
Charles A. Kilvert III
Lucy Leske
Matt Liddle
Robert P. Lyons Jr.
Peter McCausland
Keltie Donelan McDonald
Alan Nathan
Amy Rowland
Carl H. Sjolund
H. Brooks Smith
Lars Soderberg
David Troast
Peter Watrous
Helen Weeks
HONORARY DIRECTORS
William Crozier
SCIENTIFIC ADVISOR
James W. Sutherland, Ph.D.
STAFF
Emily Molden, Executive Director emily@nantucketlandcouncil.org
RJ Turcotte, Nantucket Waterkeeper rj@nantucketlandcouncil.org
Nate Scott, Land Use and Stewardship Coordinator nate@nantucketlandcouncil.org
Anna Day, Communications Manager anna@nantucketlandcouncil.org
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Surfside Crossing Legal Update
In 2018 local developers Jamie Feeley and Josh Posner submitted a c. 40B proposal, Surfside Crossing, to the Nantucket Zoning Board of Appeals (ZBA) for a mixed unit development of mostly single family homes on 13.6 acres off South Shore Road. This proposal was met with fierce opposition because of its incredibly inappropriate size and the impacts that it will have on the community and the environment. It was proposed under Chapter 40B, a state statute that enables ZBAs to waive certain zoning rules for comprehensive permits provided they meet a minimum requirement for 25% of units to be sold with affordability restrictions. Under current zoning, this property (LUG2) would be entitled 12 dwellings, but under the 40B statute the developers proposed 156 units—13 times what is allowed by right. The Nantucket ZBA worked diligently to review the proposal and ultimately issued a permit for a 60 unit development with twice as many homes as condos. The developers’ appeal of the ZBA permit was reviewed by the Housing Appeals Committee (HAC), a state agency charged with this task, who determined that brand new plans submitted by the developers directly to HAC for all 156 units to be condominiums was “insubstantially different” and did not need to be remanded back to the ZBA for any additional local input.
The NLC challenged the development for negative impacts on important endangered species habitat, and moved to intervene in the HAC’s administrative process. In both cases the NLC was granted standing for its long term efforts to protect endangered species habitat and open space on Nantucket. The NLC was ultimately able to participate in the HAC hearing, but on September 16th HAC issued its final decision that approves the new design but fails to balance Nantucket’s need for affordable housing with other community needs, as the Chapter 40B statute requires. Despite the developers’ claim that this oversized development is all about affordable housing, the minimum number of restricted units as required by state Chapter 40B statute (39 out of 156) will in no way outweigh the costs and impacts to the community. The Nantucket Land Council, the Town of Nantucket Zoning Board of Appeals, and the Nantucket Tipping Point community organization have all appealed the HAC’s decision to Superior Court. Subscribe to our e-newsletters or visit our website for further updates. nantucketlandcouncil.org
Sconset Beach Geotube Removal Order Upheld
After more than a year of discussion and review since the Conservation Commission ordered the geotubes removed from the toe of ‘Sconset Bluff, Superior Court Judge Mark Gildea handed down his decision to uphold the removal order and back the Conservation Commission’s decision as sound and appropriate. This decision has not been appealed
On September 29th, the Conservation Commission held a meeting to review Sconset Beach Preservation Fund (SBPF)’s 2021 Annual Report. During this meeting, SBPF representative Dwight Dunk continued to promote SBPF’s behavior as appropriate, including the use of adaptive mitigation, which was never requested, nor approved by the Commission, and which was specifically debunked in Judge Gildea’s September 2nd decision.
Since the September 29th meeting, while a series of apologies from both SBPF and Town Representatives to the Conservation Commission have been posted in the media, no moves have been made to carry out the court-backed enforcement order to remove the geotubes. It has become clear that the Town intends to forge ahead with both assisting SBPF to hard armor Baxter Road as well as retreat from the bluff. A new NOI for expanded geotubes is likely to appear in the coming months. As these events unfold, NLC continues to discuss strategy around the issue of the enforcement order, as well as the possibility of an even more environmentally detrimental expanded project. Stay tuned for further updates.
The NLC Welcome’s Nate Scott
The NLC is very pleased to welcome Nate Scott to the team as the new Land Use and Stewardship Coordinator. Nate comes from central MA and holds a Bachelor of Science degree from the UMASS Amherst —Stockbridge School of Agriculture. After spending several summers working on Nantucket at the Nantucket Conservation Foundation cranberry bogs he fell in love with the island. He spent two years working as the National Agricultural Quality Scientist for Ocean Spray Cranberries, and has transitioned full time to Nantucket as the proud new owner of a Nantucket covenant home. Nate will be leading the NLC’s Conservation Restriction Program as well as additional education and outreach initiatives. Welcome Nate!
Community Cleanup Crew
This summer we teamed up with Josh Malitsky and the Town of Nantucket to establish the newly formed Community Cleanup Crew (CCC). The CCC works hard to pick up trash on beaches, fields, cemeteries, parks, parking lots, and bike paths all over the island. The Crew consists of young adults (Colin Ledoux, Asher Malitsky, and Jamie Meisner) from the Riverview School in East Sandwich, MA. Their labor is paid by the Town of Nantucket, providing lifealtering experience for these young adults with learning differences. Research has been very clear that having even one paid job prior to graduating high school drastically increases the likelihood of a person with learning differences getting paid work down the road. This is just the beginning of a longterm partnership with the Crew, and we look forward to expanding the number of people participating and the types of cleanup and conservation we can do together to support the beauty and sustainability of Nantucket. Way to go, Crew!
Madaket Development Analysis
As a result of declining water quality in the Madaket Harbor watershed, Madaket has been designated a needs area for the extension of town sewer to eliminate septic system effluent as a significant source of nitrogen. Sewer is an important tool for eliminating excess nutrient inputs to our water bodies, and Nantucket is fortunate to have more extensive sewer infrastructure than many towns. While improving water quality in Madaket is a priority, it is important that the community also consider other implications of a sewer extension before taking action. The Nantucket Land Council collaborated with the Madaket Conservation Association and ACKNow this past year to evaluate how an extension of town sewer could impact future development in the west end. Our consultant, the Principle Group, analyzed the density implications of bringing sewer to Madaket, and the results are staggering. That’s because state and local laws currently regulate septic discharge, limiting residential homes in Madaket to one bedroom for every 10,000 sq ft of land or 4 bedrooms per acre. The vast majority of residential properties have already reached their bedroom limit. Expanding municipal sewer to Madaket would eliminate this restriction and introduce the potential for many additional bedrooms in new and existing dwellings.
Bringing sewer to Madaket will not change the underlying zoning of the area, but eliminating the bedroom restrictions associated with septic systems will impact the way Madaket is developed in the future. The results of this study demonstrate the potential for a dramatic potential increase in density if the area properties connect to sewer and zoning remains unchanged. This data is important for the residents of Madaket as they consider a vision for the future of their neighborhoods.
We Love Nantucket Waters Our
2 0 2 2 WATER N E W S
The Water Fund Challenge Grant
The Nantucket Land Council is pleased to announce a generous challenge grant by our Board of Directors which will double every gift to The Water Fund up to $75,000 through the rest of 2022. The Water Fund is a special restricted fund which helps support our water-focused initiatives. In addition to our Eelgrass restoration and research in Nantucket and Madaket Harbors, Harmful Algal Bloom and general pond research, educational and outreach initiatives, this fund supports the Nantucket Waterkeeper Program. The Nantucket Waterkeeper is the eyes and ears of our water resources and is always available to answer questions or help investigate and direct concerns about our waters.
Community Advocate Spotlight
The NLC would like to recognize and celebrate an influential community advocate, Ayesha Khan Barber. Ayesha has taken the lead in the community when it comes to PFAS, aka “forever chemicals,” and our health. She has become a household name both in our community and across the country. Ayesha co-founded the Nantucket PFAS Action Group to draw attention to the toxic chemicals in firefighting gear and foam. She has spearheaded testing of wildlife tissue and in 2021 was integral to the NLC’s efforts to evaluate and oppose the artificial turf fields planned for the public schools. NLC is now working with her to expand well testing and make it more affordable and accessible for all members of the community. Ayesha’s persistence, enthusiasm and magnetic personality make her an incredible volunteer and advocate for Nantucket. We’re beyond lucky to have her fighting for our health and clean water. THANK YOU Ayesha, you inspire us every single day!
Your support is critical—and every donation counts. Make DOUBLE THE IMPACT. Help us meet our goal of $150,000 to protect and preserve Nantucket’s water resources — DONATE TODAY!Ayesha Khan with environmental attorney Robert Bilott.
Nantucket Harbor Eelgrass Restoration—Expanded
Contributed by:
Noah Singer, NLC Eelgrass Restoration ManagerWe are thrilled to wrap up an extremely successful first year of our expanded Eelgrass Restoration Program. A new restoration site in 5th bend continued to take shape throughout the season. Earlier in the summer, a drone pilot traveled down from the Center for Coastal Studies to fly over and map our restoration efforts at the initial site in Monomoy. The images from this were extremely promising as they showed the eelgrass beds around our restoration site undergoing natural expansion and recruitment. With these images, we aimed to direct more of our effort at the new site.
The updated restoration program involved the collection of reproductive Eelgrass shoots from several locations around the harbor. Once these were harvested, we trimmed off the excess plant until only the seed pods remained. They were held in tanks at the Town’s Shellfish Hatchery from June to August, allowing the seeds to drop off the pods and settle at the bottom. The seeds were then separated from the remaining seed pods, and a final count was conducted. This summer, we collected an incredible 300,000 viable seeds. In mid-October they were added to the two sites using biodegradable teabags.
We will be restoring the new site in 5th bend over a 3-year period. So far the area has gone from being bare sand to recruiting juvenile and adult scallops along with some of the islands’ native fish and crab populations. It has been great to see the success and potential in this new method of collecting seeds, which has not been done before in the northeast.
This project is being funded by the Massachusetts Division of Fish and Wildlife, a generous grant from the Agua Fund, and the Nantucket Land Council’s Water Fund. It would not have been possible without the Town Natural Resources Department and Shellfish Hatchery, all of the volunteers who assisted with seed harvesting and processing, and Dr. Alyssa Novak with the Boston University dive crew. We cannot wait for an even more successful year ahead in 2023!
Thank You to NLC’s Summer Intern
For the second year in a row, NLC partnered with the University of Vermont’s Rubenstein Perennial Internship Program. In 2022, Isabella Genova, a rising senior at UVM majoring in Environmental Science, joined us from June to August. With prior experience in water quality monitoring and an interest in Harmful Algal Blooms, Isabella was an invaluable member of the NLC team as we dealt with drought and numerous toxin-producing harmful algal blooms on our island ponds. Isabella was integral in laying the groundwork for NLC to begin testing wildlife for HAB toxins. She also worked with NLC staff to make our eelgrass restoration and education events go smoothly. Isabella will be graduating in 2023, and will be looking to continue the type of work she performed with the Land Council. Good luck and thank you, Isabella!
New Dye Tab Distribution Program
This past summer the Nantucket Land Council supported the Nantucket Harbormaster, Sheila Lucey, in her efforts to begin handing out die tabs to all vessels spending more than a day in Nantucket Harbor. The NLC’s Water Fund purchased several thousand die tabs and worked with Sheila’s team to design and print information about their use as well as available pump out services to provide to all vessels. Sheila’s team has been giving the tablets to vessel operators and ensuring they are placed in wastewater holds. The use of these tablets is one measure to help prevent illicit discharge of sewage or chemicals into our harbor waters. The NLC is grateful for the Harbormaster’s efforts around this program.
Green Crab Fertilizer Program
The NLC collaborated with the Maria Mitchell Association and Sustainable Nantucket once again on Green Crab Week this past August. Our Green Crab Fertilizer Workshop was a huge success. After collecting the invasive and damaging Green Crabs from the harbor, we held a public step by step (pun intended) live tutorial on how to create an all natural fertilizer using the crushed up crustaceans. People of all ages showed up to learn about how to get the best use out of these pesky creatures. We gave away nearly 5 gallons of fertilizer to our hard working volunteers. It will be used on lawns and gardens all over the island!
NLC Associates Trash Tag Event
The NLC Associates executed another excellent edition of the Trash Tag event, bringing many hard working islanders together to achieve one goal... tossing trash where it’s supposed to go! The team met bright and early on a Saturday morning to divide and conquer the streets and bike paths surrounding Nantucket’s town and public safety buildings at 4 Fairgrounds Road. Friends, families and even Politicians showed up to help out a great cause. Through blood, sweat and lemonade, we collectively filled up an entire dump truck full of trash off the streets and sidewalks. Many thanks to the NLC Associates, the Nantucket Clean Team, and the Nantucket DPW for their support. Go team go!
