GHYC seeks land dispute resolution with the town
BY PETER B. BRACE INDEPENDENT WRITER
Great Harbor Yacht Club is asking the town to agree to disagree with it on ownership of a disputed parcel of land running along the southern side of its bulkhead so it can use its Marine Travelift to launch and haul larger boats.

Stating that Great Harbor is indifferent to the means of boat movement to and from the harbor - the third modification of its Planning Board-issued Major Commercial Development special permit specifies use of a crane - club developer Gary McCarthy said the club would like to adhere to the town's preference for use of the Travelift but feels it cannot while ownership of this triangle-shaped parcel remains in dispute.

Because the town claims ownership of this 1,443-square-foot lot over which the Travelift would have to pass while moving boats, Great Harbor successfully modified its MCD special permit on July 24, 2006 with unanimous Planning Board approval so it could use a 30-ton or larger mobile crane to hoist boats 30 feet long or larger into and out of the harbor and not cross the disputed parcel.

But with the Travelift out of service, Great Harbor is feeling lost at sea because it does not yet own such a crane and is wondering whether it is prudent to keep the aging Travelift operational. Grudgingly, however, McCarthy said on Aug. 24 that Grey Lady Marine is repairing its Travelift to comply with its Planning Board-issued special permit condition of boat-hauling and launching services for Grey Lady Marine customers, and the public during emergencies.

Seeking direction, the club submitted its agreement of disagreement idea in writing for the selectmen's Aug. 22 meeting. The idea is grounded on three conditions stating that:

• "The triangle shall continue to be utilized to provide marine services to the public by Grey Lady Marine and its successors. Those services shall include permitting the Travelift and other marine service equipment to cross the triangle for purposes of providing marine services."

• "The Great Harbor Yacht Club, the Town of Nantucket and the County of Nantucket will withdraw the associated Land Court case without prejudice."

• "The Great Harbor Yacht Club will agree to use and maintain the Travelift on site for launching and hauling of boats so long as this agreement is in place. This launch/haul operation shall be open to the public as specified in the MCD special permit."

McCarthy said that the club does not care which piece of heavy marine equipment it uses, but it is looking for some guidance either way from the town, as it would rather not be spending copious amounts of cash repairing its broken Travelift when it may well have to purchase the crane instead.

"If they want us to continue to use the Travelift, it would require some stipulation agreement between the Great Harbor Yacht Club and Grey Lady Marine and Town of Nantucket for the period of time that the ownership is in questions we would have to have some sort of joint agreement," said McCarthy.

McCarthy said on Friday that the Travelift is currently being repaired so Grey Lady Marine can have it ready for September and October, typically the time of year when boats are hauled for the season and when Nantucket is most susceptible to hurricanes. He added that the Travelift hauls just 15 percent of the boats owned by Grey Lady Marine customers - around 19 boats - and the other 85 percent of its boats are hauled with a large marine forklift.

"It's an expensive and time-consuming overhaul," McCarthy said. "We don't want to do it simply to have the town turnaround and say that we don't want us to use the Travelift."

The selectmen are not likely to go along with Great Harbor's proposal as evidenced by Selectman Michael Kopko's thoughts and Selectmen Chairman Whitey Willauer's belief that even if the town does not own the triangular lot, it still possesses an 11-foot section of the water end of that bulkhead. However, Kopko did say he wants to wait to see what the state's Department of Environmental Protection (DEP) does with Great Harbor's Chapter 91 Waterways license application due out in about 30 days.

"The problem is that the town owns the property and Great Harbor is suing the town to try to establish their own ownership of the property," said Kopko. "We're not really in the business of giving property away as a rule. Once it is established that the town owns the property, I'm sure we can work something out."

In late November 2006, Ben Lynch, Chapter 91 Waterways Program Chief for DEP ruled that Great Harbor's proposed facilities at 96 Washington St. Ext. were water-dependent. Lynch's ruling, overdue as of last spring, will specify the extent of water-dependent uses for the club that include construction of a 40-slip pier and dredging of 795 cubic yards of sand for channel leading down its center to the bulkhead.

Selectmen Brian Chadwick, a believer in Great Harbor's proposal, views the triangular lot as a tool to thwart Great Harbor's plans.

"I thought it was an excellent opportunity to meet face to face with Great Harbor Yacht Club and put this thing to rest in a public venue because it's been in executive session too long and people need to hear it," said Chadwick. "Do I agree with that [proposal], as one

board member, yes I do." I