**BREAKING NEWS** STATE DEP ISSUES SUPERSEDING ORDER OF CONDITIONS On Dec. 19, DEP approves SBPF’s Superseding Order of Conditions (SOC) request. The 900-foot, three-tier geotube installation may be left in place for up to six years, or until such time when alternate access to the northern end of Baxter Road has been provided. SOC comes a full six months after SBPF filed for it on June 17 and at least three months beyond DEP’s expected issuance of this order. SOC allows for installation of fourth geotube tier in front of certain Baxter Road ocean-side lots to protect pre-1978 structures. Strict monitoring of geotube project is required by DEP. DEP order ignores loud public cry for preservation of public beach access and use of alternative biodegradable materials including jute and coir fiber fabric. DEP requires SBPF to use an alternative design for geotube end returns, one that was submitted following MEPAs review of the project. This new design is said to include a gentler slope and reduced elevation to decrease erosion. DEP requires that SBPF mark the mean high water line before installing fourth geotube tier, that monitoring be increased to quarterly from semi-annually and that SBPF has 30 days to distribute monitoring reports after data is collected. DEP requires SBPF to maintain adequate beach width in front of the geotubes, including failure criteria that, if not met, could result in geotube removal. SBPF can’t do any work outlined in the Dec. 19 SOC until the order is final and has been recorded by the landowner (the Town of Nantucket) in the Registry of Deeds and or the Massachusetts Land Court. There is a 10-business-day appeal period that began when the order was issued on Dec. 19 and runs until January 6. Individuals who may file an appeal include: any person aggrieved by the SOC who participated in the proceedings; the Conservation Commission; or any ten (10) residents, if at least one resident was previously a participant in the permit proceedings. SBPF’s appeal of the Conservation Commission’s June 3 denial of the current geotube installation is still pending in Nantucket Superior Court, whose ruling could bear on whether or not the project stays in. Work cannot begin after Janauary 6, the end of the State DEP appeal period, because SBPF still doesnt have a Final Order of Conditions under the local Nantucket Bylaw. ### The twenty-page decision is available on the Town website. Link below. A full summary by Peter Brace to follow. — Photos taken earlier this month.
Posted on: Tue, 23 Dec 2014 12:18:20 +0000
Trending Topics
Recently Viewed Topics
© 2015