ON TUCKERNUCK TIME Tuckernuckers
by Peter B. Brace Independent Writer

Owning land and houses on a 878-acre private island with no public airplane or ferry service just minutes from essential food, fuel and libation supplies on Nantucket, they are happily detached and secluded - yet inextricably connected - from the relative metropolis of the Grey Lady.

Eschewing the technological ills of the modern world just a mile or so to the east for the most basic of conveniences, these people actually prefer kerosene lamps, generators and solar power to the flick of a switch, Hummers and the din of downtown Nantucket in July.

But who can blame them? If Nantucket is a paradise unattainable and unimaginable for most of the planet, and home and playground for 15,000 to 60,000 throughout the year, Tuckernuck is sheer bucolic heaven for a few hundred extraordinarily fortunate souls.

There, walking and cycling largely outpace motorized transportation on the dirt roads, except for trips to and from the lagoon and emergencies when the Tuckernuck Volunteer Fire Department trucks are needed.

For those who are privileged enough to be called Tuckernuckers,

PHOTOS BY PETER B. BRACE/The Independent privacy from the outside world and property rights become keener sixth and seventh senses that brighten up as soon as they lay feet to Tuckernuck sand.

The "everyone knows everyone" dynamic that at one time prevailed on Nantucket is de rigueur 24-7 on Tuckernuck, when residents inhabit their island from late spring into the fall.

There are so few houses on Tuckernuck that the Fire house No. 5's map of the island names each one, and its location. One of those houses, "Decoy," is owned by Morris Phinney, a Groton, Mass. Tuckernucker who, two weeks ago, shooed a helicopterborne kite surfer off his property - much the same way a Nantucketer might with an errant neighborhood dog.

Incensed by the incident, Phinney penned a letter to The Independent that read in part: "I find it hard to comprehend the extent of the arrogance of people who feel that somehow they are entitled to trespass where they wish, land their boats, or in this case, helicopter, picnic, sometimes with dogs, on land that is clearly not theirs to do so. The question that begs to be asked is how these same people would feel if we were to picnic in their front yards."

Phinney is an affable, articulate man with the wisdom and patience that such a unique property owner need possess in a place highly sought after by so many and seemingly taken for granted as just another destination on a map. Admitting that many of his fellow islanders are not as restrained, Phinney allowed that his sister and others were concerned about several Nantucket boat tour companies that advertise tours of Tuckernuck.

One such outfit, Nantucket Adventures, offers a Tuckernuck tour. "Tuckernuck Island is now within reach. Nantucket Adventures offers the chance for everyone to experience Tuckernuck Island," the company touts on its Web site.

Nantucket Adventures owner Captain Mark Scharwenka said he has permission from Tuckernuck Island Landowners Association President A.J. Heath to land on Whale Island, but that he rarely takes people there.

"Honestly, I don't really get much call to go over there, we offer it as an alternative," said Scharwenka. "We do our best to be as low impact as possible. We even built the boat to be as low impact as possible.

Tuckernuck's few vehicles play only the most rudimentary, essential roles in the lives of the island's inhabitants. Two fire trucks stationed at Fire House No. 5 near the center of island are needed for firefighting, right, and stand ready at the island's one-room fire station. Down at the lagoon at the east end of the island facing Madaket, top right, islander vehicles are parked, ready to haul their owners and their supplies up island when needed.

"I would be more than happy to have cell numbers and call them if they have a problem. I am not looking to use it for my own benefit; I want to work with them."

Coastal property owners on Tuckernuck - and the entire state of Masssachusetts - enjoy the strictest private property rights in the entire country. Only Maine shares such rights.

Waterfront owners own to the low tide mark and all uses of their property are prohibited by law - save for fishing, bird hunting and landing of boats for navigation purposes. Conceivably, beach property owners could patrol their beaches 'round the clock, but the Tuckernuck Way dictates tolerance and diplomacy when dealing with outsiders.

"People come out to Tuckernuck, and if it's one guy who is fishing, that's OK," said Phinney. "What we're worried about is people coming down and acting like they own it. Just be decent about it."

KITE SURFERS FROM GLOUCESTER

It not surprising then that anyone venturing beyond Whale Island - a sand spit jutting to within 100 yards of Smith's Point that forms a protective barrier beach for the lagoon - are greeted with suspicion and brazen inquisition by Tuckernuckers as to the purpose of their upland wanderings and disregard for the hand-painted "No Trespassing" signs in the dunes that read: "Tuckernuck is Private Property. Access with Permission Only. Thank You. T.I.L.A."

Much to Phinney's chagrin, while out on a walk a couple of weeks ago, he watched as the helicopter swooped in over his fields, landing near North Head. Out of the whirlybird hopped a man and his wife, the former who proceeded to kite surf on North Pond.

Tuckernuck's interior is actually quite densely forested, enough so that narrow dirt roads cutting through the oak thickets during the summer form tunnels through the leaves.

Incredulous at the gall of anyone getting the idea that it was okay to trespass on his property - in a helicopter no less - Phinney marched down to the pond. Confronting the pilot, Dr. Martin E. Cutler, an ophthalmologist from Gloucester, Phinney barely contained his rage as he strode down to the beach.

"I was furious when I saw it, [but] I decided to control my anger in that, I chose my words carefully," said Phinney. "I said, 'I don't remember giving you permission to land here or anywhere else on Tuckernuck.' Just the idea that he could do that was to me sort of unbelievable. I don't understand why that isn't perfectly obvious to people."

Though able to maintain a semblance of his composure, enough to give Cutler the time to pack up his gear and fly away, Phinney said fellow islanders are not so forgiving of uninformed interlopers. Affording Tuckernuck property is costly enough in purchase prices, property taxes, maintenance and family harmony. Those able to pull it off often take umbrage when they have to confront trespassers .

"If you have friends over during deer season, you're going to bring them up and you're going to shoot the deer and you're going to trespass on the properties. That's OK," said Phinney. "It's more zeroed in on people visiting from Nantucket. Within the bounds of decency, nobody's going to raise a stink. Nobody's going to walk up and down on the beach with a swastika on their sleeve. Just be respectful."

WHALE ISLAND ONLY

As Nantucket continues to grow, Tuckernuck, just a sprint across Madaket Harbor and the swift channel coursing between the two islands, is increasingly becoming a destination for day-trippers.

Whale Island, Tuckernuckers seem to have conceded, is open to visitors because its ownership is murky. The 68 lots on Tuckernuck proper - zoned at a three-acre minimum and ranging in size from .10 of an acre to 58.6 acres - are easily defendable as private property and as such are well marked.

Whale Island's ownership is up in the air, said Heath, who said it might be owned by the state and/or Nantucket. Uncertainty over its true owner is enough for Tuckernuckers to set their shorelines as the main outer boundary.

"In general, the people on Tuckernuck value their privacy and are very concerned about preserving the natural environment from the traffic of visitors," said Heath.

That said, on sunny, summer days, most boaters of Nantucket origin head for the north, sheltered side of the lagoon, anchor their crafts and find their piece of sand for the day. Some also steam to the west end of the island to picnic and swim on the beaches outside of North Pond. Heath and Phinney seem to be fine with this, but Heath said tour companies, like Scharwenka's, make Tuckernuckers nervous about the commercialization of their island.

In a discussion between Scharwenka and Heath, Scharwenka pledged no landing further west than Whale Island and Heath stressed the importance of respecting property rights.

"I spoke to the president of the Tuckernuck Island Landowners Association. He got pretty uppity with me," said Scharwenka. "I go to Whale Shoal and that's the only area of that island I go to. I explained to the man that I would never trespass."

But Scharwenka's online Tuckernuck Tour description leaves a lot to the nervous Tuckernuck property owner's imagination.

"You are then free to explore the beaches of Tuckernuck Island," reads the Tuckernuck Tour language. "Walk, swim, surf cast or just relax, the choice is yours. We're sure you will enjoy all that Tuckernuck has to offer. If you think you and your crew might get hungry, we can arrange for a picnic lunch or a full New England Beach Clambake. Everything is delivered with you and ready for you to enjoy."

Heath echoed his association's apprehensions in his version of the meet-up.

"I explained to Mark that all of Tuckernuck, aside from Whale Point, was privately owned and that I didn't want any misunderstanding that people could come onto Tuckernuck, aside from Whale Point, without permission and that his Web site had caused a great deal of concern among Tuckernuck landowners."

To be fair, Nantucket Adventures is not the only boat tour company listing Tuckernuck on its tour itinerary. More Than Fishing Charters mentions Tuckernuck and Muskeget Island picnic cruises on its Web site, www.morethanfishing.com/main.html and others including Shearwater Excursions and Nantucket Seal Cruises talk of boat-only eco-tours near Tuckernuck and Muskeget to spot seals and seabirds.

FISHING, FOWLING AND NAVIGATION

Massachusetts Coastal Zone Management's newly released "Massachusetts Coast Guide to Boston and the North Shore" lists 400 public access points from Hingham to Salisbury and includes 22 maps. No such guide yet exists for the state's coast south of Hingham.

However, all Massachusetts coastal property owners wish their trespassers were well versed in the do's and don'ts of public access to private shore property.

King George, III's colonial charters of 1641 and 1647 encouraged the colonists to build docks, piers and wharves by granting them ownership down to the low tide mark, but allowing the public the right to fishing, fowling and navigation. That law endures today and does not allow walking, picnicking, wading, barbequing, dogs, sunset watching and all the other activities.

Though most Nantucket residents and visitors respect the anomaly that is Nantucket's unofficial beach access policy, that understanding of shared access does not carry over to Tuckernuck.

Kindly enough as he was to not lose his cool with Cutler, Phinney is bullish about his property rights.

"If you don't own land on Tuckernuck or have permission of the landowner to be on his property or beach, then stay off or you are trespassing, which is against the law," he said in closing his letter to the editor. "How much more simple can that be?"

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