DEP: Tuckernuck piers are unlicensed, must be removed
BY PETER B. BRACE
Tuckernuck Island's two piers will likely be removed and replaced with a new one in deeper water because they are currently unlicensed by the Department of Environmental Protection.

In revising and updating the 1993 Harbor Action Plan into a harbors plan for all of Nantucket's harbors, including the lagoon at the east end of Tuckernuck, the Harbor Plan Committee discovered with the help of DEP, that the two piers used by Tuckernuck property owners are illegal and must be dismantled and taken out.

"The DEP did an investigation on the lagoon at Tuckernuck and the [two piers] were both deemed unpermitted and it's my understanding that in talking to the people in enforcement at DEP that they will be required to remove them," said Fronzuto.

One of the piers, the northernmost of the two and the tallest, with actual pilings driven into the sand, is owned by the Souza family. Shirley Souza said she knew nothing of DEP's enforcement intentions and that she would definitely be looking into it. Theresa Barao, Public Information Officer for the Massachusetts Department of Environmental Protection, confirmed that enforcement proceedings were in the works for both Tuckernuck piers. However, as this is an enforcement issue for DEP, she could not comment on the nature of the imminent enforcement order until DEP issues it.

Area of detail on Tuckernuck showing the two piers.

"It is unlicensed and that's because we no license on record," said Barao.

The temporary moratorium on docks, piers and wharves that was to have expired Dec. 31 and that Special Town Meeting voters extended to April 30, 2007 on Oct. 23, also applies to Tuckernuck. However, Fronzuto said that there is a provision for extenuating circumstances such as Tuckernuck's.

"If the only access to a group of properties is by water, you can apply for relief from the moratorium on docks and piers," said Fronzuto.

Working with Tuckernuck property owners, some of whom own the smaller pier further up into the lagoon, with the Souzas and with the Tuckernuck Land Trust, Fronzuto said he would help develop a new pier for all Tuckernuckers to use and help with the DEP application process.

"Under the municipal harbor plan, we will develop with the Tuckernuck Land Trust a more appropriate area for a pier," he confirmed.

Fronzuto added that this area would likely be in deeper water south of the existing, smaller, jointly owned pier closer to the lagoon parking area. Although enforcement of the unlicensed piers is going to happen soon, Barao could not comment on exactly when the enforcement orders would be issued.

Those who own property on Tuckernuck - 71 property owners are listed by the town - rely on the lagoon area to moor their boats and unload supplies, which are the only form of transportation to and from Nantucket. Although some beach property owners on Tuckernuck may have the ability to land on their shorelines, all depend on the lagoon as their primary "harbor."

Access to this island is restricted to those who own land and or houses, as all of its 878 acres are privately held.

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