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Home My WebLink AboutBoard of Selectmen Agenda October 12, 2011 Packet_201402061640414758Community Planning Month Proclamation WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, The American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the Town and County of Nantucket; and WHEREAS, we recognize the many valuable contributions made by professional community and regional planners of the Town and County of Nantucket and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW, THEREFORE, BE IT RESOLVED THAT, the month of October 2011 is hereby designated as Community Planning Month in the Town and County of Nantucket in conjunction with the celebration of National Community Planning Month. Adopted this 12th day of October, 2011. ______________________________________ Rick Atherton, Chairman, Board of Selectmen ___________________________________ C. Elizabeth Gibson, Town Manager Town of Nantucket 2011 Service Awards Departments Years of Service Finance Deborah Dilworth 20 Patricia Murphy 15 Pamela Butler 15 Robert Dickinson 5 Planning Thomas Michael Burns 10 Police John Muhr 20 Robert Hollis Jr. 5 Fire Mark McDougall 20 Francis Hanlon 15 John Allen 10 Christian Ray 10 Christopher Beamish 5 Sean Mitchell 5 Marine Jeffrey Carlson 5 DPW Kenneth Hammond 25 Mohamed Nabulsi 20 Lawrence Ray 10 Anne Marie Crane 5 Ardis Gary 5 Code Enforcement & Regulatory Services Artell Crowley 20 Anne Barrett 10 James Grieder 10 Wannacomet Water Jeffrey Johnsen 35 Christopher Pykosz 35 Heidi Holdgate 20 Kyle Roberts 5 Airport Kristian Kieffer 5 Catherine Mack 5 Shanroy Nelson 5 Our Island Home Willard Baptiste 20 Sheila Barrett 20 Mary Patton 20 Gloria Sanders 20 Sherry Twomey 20 Gail Ellis 15 Ellen Ryder 15 John Hayes 10 Colleen Kinney 5 Shaunette Lindo 5 Kerri Flaherty 5 Human Services Pamela Meriam 10 Ann Medina 10 Human Resources Patricia Perris 5 Service Awards – 5 Year Increments 5 Years of Service Total: 15 Robert Dickinson Robert Hollis Jr. Christopher Beamish Sean Mitchell Jeffrey Carlson Anne Marie Crane Ardis Gary Kyle Roberts Kristian Kieffer Catherine Mack Shanroy Nelson Colleen Kinney Shaunette Lindo Kerri Flaherty Patricia Perris 10 Years of Service Total: 9 Thomas Michael Burns John Allen Christian Ray Lawrence Ray Anne Barrett James Grieder John Hayes Pamela Meriam Ann Medina 15 Years of Service Total: 5 Patricia Murphy Pamela Butler Francis Hanlon Gail Ellis Ellen Ryder 20 Years of Service Total: 11 Deborah Dilworth John Muhr Mark McDougall Mohamed Nabulsi Artell Crowley Heidi Holdgate Willard Baptiste Sheila Barrett Mary Patton Gloria Sanders Sherry Twomey 25 Years of Service Total: 1 Kenneth Hammond 35 Years of Service Total: 2 Jeffrey Johnsen Christopher Pykosz 3 of 24 Conservation Restriction V 17 Hummock Pond of Nantucket Homeowners Association, Inc. to Nantucket Land Council, Inc. and Nantucket Islands Land Bank The specific conservation values of the Premises are documented in a report to be kept on file at the offices of Grantee and incorporated herein by this reference, which documentation (“Baseline Documentation”) the parties agree provides an accurate representation of the Premises as of the effective date of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. This Conservation Restriction is intended to protect the aforementioned conservation values of the Premises and Nantucket by prohibiting all buildings; by prohibiting practices such as commercial agriculture and raising of animals which can damage or alter natural plant communities; and by encouraging conservation of the land in its predominantly vacant and undeveloped condition, as more particularly described herein. These conservation values are more particularly described as including the following: • Open Space Preservation. The protection of the Premises contributes to the protection of the scenic and natural character of surrounding permanently protected Nantucket Islands Land Bank land to the north being used as pasture land and open space, to the south land owned by the Nantucket Islands Land Bank which is an open undeveloped track extending to the Atlantic Ocean, and a conservation restriction to the west held by the Nantucket Land Council which is used as open space and pasture land and abuts Hummock Pond and the protection of the Premises will enhance the open-space value of these lands. * Water Quality. The Premises are located on Nantucket Island which has a sole source aquifer for the use of its inhabitants. Protection of the Premises will further protect the water quality of the aquifer. The Premises is also located within the Hummock Pond Watershed. Protection of the Premises will prevent further pollutants from entering groundwater from this location and ultimately into Hummock Pond. • Scenic Protection. The Premises, located along Hummock Pond Rd and Heller Way, afford the public with uninterrupted views of pristine vegetation and open space which if developed would interrupt, obstruct and fragment beneficial scenic vistas. The Grantor intends to grant a bike path easement to the Town and / or County of Nantucket which will provide additional scenic views along the entire stretch of Hummock Pond Road for the length of the bike path. • Protection of Wildlife Habitat. The entire Premises fall within an area designated as “Priority Habitat for State-Protected Rare Species” by the Massachusetts Natural Heritage Program. The Premises are comprised of a coastal shrub understory, a pitch pine forest, open grasslands and heathlands, and numerous wetland ecosystems. 20 of 24 Conservation Restriction V 17 Hummock Pond of Nantucket Homeowners Association, Inc. to Nantucket Land Council, Inc. and Nantucket Islands Land Bank APPROVAL BY BOARD OF SELECTMEN OF THE TOWN OF NANTUCKET We, the undersigned members of the Board of Selectmen of the Town of Nantucket, Massachusetts, hereby certify that at a meeting held on _______________________, 20___, the Board of Selectmen voted to approve the foregoing Grant of Conservation Restriction by the Hummock Pond of Nantucket Homeowners Association, Inc. to the Nantucket Land Council, Inc. and Nantucket Islands Land Bank, pursuant to Massachusetts General Laws, Chapter 184, Section 32, as being in the public interest. Board of Selectmen of the Town of Nantucket __________________________________ ________________________________ __________________________________ ________________________________ ___________________________________ COMMONWEALTH OF MASSACHUSETTS NANTUCKET, ss. __________________, 20__ On this _______ day of ________________, 20__, before me, the undersigned notary public, personally appeared ______________________________________________ ____________________________________________________________________, proved to me through satisfactory evidence of identification, which were _______________________________, to be the person(s) whose name is signed on the preceding document, and acknowledged to me that he/she signed it voluntarily for its stated purpose, as a member of the Board of Selectmen for the Town of Nantucket. ______________________________ Notary Public My Commission Expires: __________ 426004/NANTCR/0001 SUBORDINATION OF MORTGAGE 16 Allens Lane, Nantucket, Massachusetts The Town of Nantucket, a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts having an address of Town and County Building, 16 Broad Street, Nantucket, Massachusetts 02554, acting by and through its Board of Selectmen, being the holder of that certain Mortgage on the property located at 16 Allens Lane in Nantucket, Massachusetts (the “Property”) from Roni N. Roberts and Andrew Roberts (collectively, “Roberts”) to NHA Properties, Inc. in the original principal amount of $21,105.00 (the “Subordinated Mortgage”) dated June 2, 2005 and recorded at the Nantucket County Registry of Deeds (the “Registry”) by that certain Assignment of Mortgage dated February 25, 2010 and recorded at the Registry in Book 1221, Page 31, hereby subordinate the Subordinated Mortgage and the obligations secured thereby to the mortgage on the Property from Roberts to Cape Cod Five its successors or assigns, dated _____day of October, 2011 in the original principal amount of One hundred eighty thousand dollars and no cents ($180,000.00) (the “New Mortgage”) to be recorded at the Registry herewith, to the same extent as if the New Mortgage had been executed and recorded before the execution and recording of the Subordinated Mortgage. EXECUTED under seal as of this 12th day of October, 2011. Town of Nantucket, By its Board of Selectmen Rick Atherton Whiting R. Willauer Michael Kopko Patricia Roggeveen Bob DeCosta Commonwealth of Massachusetts Nantucket County, ss On this ______ day of October , 2011, before me, the undersigned notary public, personally appeared Rick Atherton, Whiting R. Willauer, Michael Kopko, Patricia Roggeveen, and Bob DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me through satisfactory evidence of identification, which were photographic identification with signature issued by federal or state governmental agency, oath or affirmation of a credible witness, personal knowledge of the undersigned, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and deed of the Board of Selectmen of the Town of Nantucket. Notary Public My commission expires: DWLIBDB\245029.1 2710/00 Hummock Pond Road Bike Path – Phase 1, 2, and 3 Implementation Strategy The Town of Nantucket has been approached by the leaders of various homeowners associations along Hummock Pond Road to coordinate the implementation of the entire Hummock Pond Road Bike Path (from the end of Milk Street Extension to Cisco Beach) using a combination of funding provided by the Town and from private donations conditional to the path being completed by summer 2013. This strategy would implement the entire bike path at least 6 years earlier than using federal and state funding via the Transportation Improvement Program (TIP), and would allow other less costly projects to utilize TIP funding. Path total length: 2.6 miles (from Milk St. Extension to Cisco Beach parking lot) Path construction cost (est.): +/-$2.75 million (funded by Town and private donations) ROW damage awards (est.): +/-$600,000 (assumes land gifts from conservation groups) Remaining Town funding: $182,391 May 2013: - Construction complete October 2012: - Construction Starts August 2012: - Bid opening July 2012: - Construction bid May 2012: - Finalize all design plans April 2012: - Construction funding approval at ATM/ballot vote March 2012: - ROW secured/recorded via County taking February 2012: - County hearing of taking challenges January 2012: - County public hearing for taking all easements (January 4, 2012) - All ROW documents finalized December 2011: - Appraisal of all easements complete - Complete “final draft” of design plans (final plans to be completed by May 2012) - Stake final path alignment and limits of construction in the field - Notice to abutters of County taking with notice of damage award - Notice of intent to Conservation Commission - Shadbush becomes de-listed November 2011: - ROW plan complete - Seek appraisals for ROW acquisitions October 2011: - BOS / County approval to proceed with implementation tasks to construct total project locally (project will be removed from FY 2013- 2015 TIP schedule) - Finalize amendment to design contract with VHB Page 1 10/6/2011 Hummock Pond Road Bike Path Hummock Pond Road Bike Path (a.k.a. Cisco Bike Path)(a.k.a. Cisco Bike Path) Phase 1, 2, and 3 Implementation StrategyPhase 1, 2, and 3 Implementation Strategy October 12, 2011October 12, 2011 Phase 3 • Bike path will run from end of Milk Street extension to Cisco Beach• Funding from the Town of Nantucket and private donations• Estimated completion date: Figawi Weekend 2013• Implements path six years earlier than Transportation Improvement Program funding Cisco Bike Path – Phase 1, 2, 3 Implementation SummaryPhase 3 May 2013: - Construction completeOctober 2012: - Construction StartsAugust 2012: - Bid openingJuly 2012: - Construction bidMay 2012: - Finalize all design plansApril 2012: - Construction funding approval at ATM/ballot voteMarch 2012: - ROW secured/recorded via County takingFebruary 2012: - County hearing of taking challengesJanuary 4, 2012: - County public hearing for taking all easementsDecember 2011: - Finalize ROW notices and documents- Conservation Commission review- Shadbush becomes de-listedNovember 2011: - ROW plan complete / initiate October 2011: - BOS / County approval of implementation strategy- Finalize amendment to design contract with VHBCisco Bike Path Implementation Schedule Cisco Bike Path – Right of Way (ROW) Issues1. Total Easement Area = 251,629 square feet (5.8 acres) from 37 property owners2. Goal: Secure right of way by April Town Meeting3. Voluntary donation of easements will be requested in December4. 39,431 sqft donated by Hummock Pond of Nantucket and 86,844 sqft to be donated by Nantucket Islands Land Bank5. May require an eminent domain taking and possible damage awards to property owners Cisco Bike Path – Right of Way (ROW) ImpactsOwnerEasement Area (sqft)Nantucket Islands Land Bank86,844Hummock Pond of Nantucket39,431Cordelia C. Everett & Richard M. Everett III27,846Bartlett Farm, LLC16,396James Georgaklis, Trustee of the Hummock Pond Realty Trust8,407Kimberlee Johnson Morcom and Richard Evan Morcom8,274Stephen P. Cherner and Vickery Merry Cherner6,318Bruce Holdgate5,580Bette A Ferris4,675Gertrude Bernard, Trustee Bernard Realty Trust4,115Warren C. Pease3,787Frank H. Powers, Jr. & Beth L. Warner3,585James E. Cahill and Zelda B. Cahill3,523Stephen P. Cherner Trustee of PAC-RIM Realty Trust3,217Stephen P. Cherner, Trustee of Spotted Owl Realty Trust3,080Over 50% of Total Easement Area Cisco Bike Path – Right of Way (ROW) Issues by PhasesPhase# of Property OwnersEasement AreaIssuesPhase 1369,344(needed: 24,670)Wetland and possible agricultural restriction issuesPhase 22347,376(needed: 47,376)Private landscaping issuesPhase 39134,909(needed: 53,308)Large tree and private landscapingPhase 3 Phase 1 Issues - WetlandWetland near Millbrook Road intersection Phase 2 Issues – Private landscaping Phase 3 Issue – Private landscaping166 Hummock Pond Road Cisco Bike Path – Wetland Impacts1. Process would proceed concurrent with the right of way acquisitions2. Conservation Commission applications would need to be signed in cooperation with property owners3. Minimum 2:1 replication is required Wetland near Millbrook Road intersection DescriptionUnit PriceQuantityTotal CostFull Depth Pavement Bike-path$81.50/SY14,667SY$1,195,333.33Full Depth Bike-path Over Drive$81.50/SY333.333SY$27,166.67Loam & Seed for Grading$12.50/SY17,600SY$220,000.00Drainage Swale$29.00/SY3,667SY$106,333.33Signing and Striping$20,000.00/LS1LS$20,000.00Block Wall$15.00/SF1,000SF$15,000.00Clearing & Grubbing$15,000.00/AC5.5AC$82,500.00Drainage Structures$3,000.00/EA66EA$198,000.00SUBTOTAL:$1,864,333.33Cisco Bike Path – Cost EstimateConstruction Staking ($1/ft)$13,200.00Police Detail Say$10,000.00Mobilization (3%)$55,930.00Construction Traffic Management Say$5,000.00Contingencies (25%)$466,083.33Wetland Replication (approx.)$25,000CONSTRUCTION COST TOTAL:$2,439,546.67** - Does not include legally required easement damage awards