HomeMy WebLinkAbout2017-6-20n
Town and County of Nantucket
ROADS AND RIGHT OF WAY COMMITTEE
Meeting of 20 June 2017
Conference Room of 2 Fairgrounds Road
FINAL AND APPROVED MINUTES
1. Call to Order, Approval of the Agenda, Approval of Minutes, and Public
Comments.
A. Chair Allen Reinhard called the meeting to order at 4:02 pm. In attendance were Nelson
(Snookie) Eldridge, Leslie Forbes, Nat Lowell, Allen Reinhard, Chair, Bert Ryder (4:15 pm),
Lee Saperstein, and Stephen Welch; there was a quorum at all times.
Absent was John Stackpole.
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Guests: Rick Atherton, Mike Burns, Transportation Planner, and Chuck Larson, Deputy Director
DPW.
B. Public Comment. Lee Saperstein suggested that Rick Atherton might wish to say hello; he is
an applicant for next year's committee. A greeting was made.
C. Minutes. Approval of minutes from May 16, 2017. Snookie Eldridge moved and Nat Lowell
seconded approval of last month's minutes and the vote in favor was unanimous.
D. Chair Announcement. Allen Reinhard re- introduced Rick Atherton, who has recently
completed his term as Selectman and will have much to offer our committee.
2. First Way and Boulevarde Update.
Allen Reinhard reminded the committee that it has been years since we first started to discuss the
need to improve First Way, particularly for safety for children who use it as a way to school.
When work finally began on improving it, a number of unmapped underground utilities first had
to be located. According to Chuck Larson, most of these have been located, drainage installed,
and the road has been graded. Once Verizon moves one connection, Victor will pave the road,
including the adjacent bike path.
Allen Reinhard mentioned the current edition of the Cape Air magazine, Birds' Eye View, that
features Nantucket and points to the Founders' Burial Ground as a site worth visiting (p. 22).
The DPW has improved the road into the cemetery and it is now much easier to visit.
The Boulevarde has asphalt binder on the road surface and a top coat will go onto the bike path
presently. Victor will need to do some final preparation work around drains in the road before a
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A. Chair Allen Reinhard called the meeting to order at 4:02 pm. In attendance were Nelson
(Snookie) Eldridge, Leslie Forbes, Nat Lowell, Allen Reinhard, Chair, Bert Ryder (4:15 pm),
Lee Saperstein, and Stephen Welch; there was a quorum at all times.
Absent was John Stackpole.
c�
Guests: Rick Atherton, Mike Burns, Transportation Planner, and Chuck Larson, Deputy Director
DPW.
B. Public Comment. Lee Saperstein suggested that Rick Atherton might wish to say hello; he is
an applicant for next year's committee. A greeting was made.
C. Minutes. Approval of minutes from May 16, 2017. Snookie Eldridge moved and Nat Lowell
seconded approval of last month's minutes and the vote in favor was unanimous.
D. Chair Announcement. Allen Reinhard re- introduced Rick Atherton, who has recently
completed his term as Selectman and will have much to offer our committee.
2. First Way and Boulevarde Update.
Allen Reinhard reminded the committee that it has been years since we first started to discuss the
need to improve First Way, particularly for safety for children who use it as a way to school.
When work finally began on improving it, a number of unmapped underground utilities first had
to be located. According to Chuck Larson, most of these have been located, drainage installed,
and the road has been graded. Once Verizon moves one connection, Victor will pave the road,
including the adjacent bike path.
Allen Reinhard mentioned the current edition of the Cape Air magazine, Birds' Eye View, that
features Nantucket and points to the Founders' Burial Ground as a site worth visiting (p. 22).
The DPW has improved the road into the cemetery and it is now much easier to visit.
The Boulevarde has asphalt binder on the road surface and a top coat will go onto the bike path
presently. Victor will need to do some final preparation work around drains in the road before a
final, asphalt coat can be applied to the roadway, which will be this fall. Damage to the grass
shoulders has been repaired.
Noting the drainage work that has been done on the Boulevarde, Nat Lowell spoke about
mistakes made during early road construction on Nantucket for drainage and slope retention. He
hopes that many of these can be repaired over time.
A general conversation ensued about road and bridge conditions. In particular, comments were
made about trucks and whether or not Nantucket should post weight limits for certain roads and
bridges.
This led to a question by Allen Reinhard of Chuck Larson about Massasoit Bridge and its
potential for its repair. Chuck Larson responded that a pile cap, a 12 -in x 18 -in cross timber, had
deteriorated from natural decay and had been squeezed by 4 %2 inches. As known from
newspaper reports, this led to the immediate closure of the bridge to all but private cars. In 2012,
maintenance had been done to the bridge and one pier cap was replaced. Chuck Larson thought
that all caps should have been replaced at that time. Today, the initial repair will be to sister
(sandwich) the damaged cap with competent timbers to allow the bridge to re -open by July.
Until that happens, DPW will communicate with contractors and haulers on alternative routes. It
is recognized that these alternatives are on private roads belonging to the Land Bank and the
Conservation Foundation.
Stephen Welch asked Chuck Larson if they were considering durability and maintenance in their
design of this bridge and others. Chuck Larson spoke about reviewing all design options before
choosing a final design.
3. Chapter 91 Update.
Leslie Forbes reported on the meeting among her, Lee Saperstein, and Jeff Carlson on May 24,
2017, and then reviewed the conclusions from the report (attached) that she and Lee Saperstein
wrote about that meeting. She said that a major problem with issuing and enforcing Chapter 91
Licenses remains the fact that enforcement is done through the State offices and their staff
members rarely come to Nantucket. The report has three substantial conclusions. The first is
that we should put the Chapter 91 jurisdictional boundary of filled tidal lands on the Town's GIS
maps; according to the Town's GIS office this would cost approximately $500. She commented
that most Town surveyors know about Chapter 91 licensing requirement and know also that there
is no enforcement. The second conclusion, therefore, is to ask the State to delegate authority, if
not for enforcement, then for endorsement from the Town. The third conclusion is that we
should add Chapter 91 licenses to the checklist that is part of the Building Permit application.
Leslie Forbes continued that if the Town had endorsement authority, it could work with
applicants to create designs that best comply with the spirit of Chapter 91. Allen Reinhard then
suggested that we make a recommendation to the Board of Selectmen for the three conclusions.
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Rick Atherton said that we should not worry about receiving delegation because it could be
years, if ever, before we got it. We should go ahead with the other two items because they are in
our control. Lee Saperstein said that the State's slowness should not keep us from asking for
delegation. Of course, he said, we also should not let implementation of the other two items
depend on delegation.
Nat Lowell asked about existing licenses and what we knew about them. Lee Saperstein said
that the official repository is in Boston and is not digitized. He then said that our Department of
Natural Resources had paper copies on file of those licenses that they knew about. Most of these
have been recorded with the title of the subject lands. Many of them were identified at the time
that Nantucket created its Harbor Plan. The challenge is to identify properties that should have a
license and do not. He also reminded the committee that the maximum period of licenses is 30
years and all will, at some time, need to be renewed.
Stephen Welch reminded us that we had discussed the need to have some informational
brochures; he felt that there should be separate ones for residential and commercial properties.
The informational material should remind designers of the negative outcomes if licenses are
ignored. He then referred to his research into the regulations that implement Chapter 91; these
are 310 CMR 9.00 et seq. and specifically 9.07 (CMR = Code of Massachusetts Regulations,
http:` /vyvyyv.mass.<1ov / courts /docsila,,vlib ;'300- 399cmr /310cmr9.pd1). He then spoke about
Section 9.07 ( "Activities Subject to Annual Permit ") that might require one -year licenses. He
noted that the Waterways Regulations made numerous references to planning boards and
conservation commissions. He felt that local control should go to the Conservation Commission.
Because of the open questions about Chapter 91, he felt that we should not forward the report
formally to the Board until we have more information.
Nat Lowell suggested that we ask Arthur Reade, Nantucket attorney, to share his experiences on
Chapter 91 with us. Leslie Forbes suggested also that we ask Art Gasbarro, professional
engineer, for his experiences with Chapter 91. Lee Saperstein said that, while we waited to hear
from these people, we should forward the report to the Board of Selectmen as a progress report
because they had previously shown much interest in the subject. The committee's consensus was
to forward the progress report.
4. Progress on In -Town Bike Paths and Sidewalks.
Next, Allen Reinhard asked Chuck Larson about construction progress on the In -Town multi -use
path. Chuck Larson reported that all wires are off the old poles on Orange Street and they will
be pulled tomorrow. The old holes will be filled with flowable fill. The surface of the path is
now in asphalt binder; a final surface will be laid in the fall. The final paving will include the
path on top of the old railroad causeway. On Milk Street, the base for the roadside berm is in
place; a privet encroachment has been fixed, and the final coat that will be laid on the path will
coincide with re- paving Milk St in the fall.
Allen Reinhard then asked if Chuck Larson had been able to examine Saratoga Street. At the last
meeting, it was reported that an abutter to Saratoga had asked if the Town would take the way.
The continuing issue is whether or not it can be used as a bike route. Inasmuch as it is an one -
way street, optimal use for a bike bath would require a change in direction. Allen Reinhard
suggested also that we should continue to monitor Winn Street and its candidacy for a public
taking..
6. Discussion: Review of Outstanding Projects List.
In light of the time and the fact that next month will be the committee's opportunity to
reorganize, Allen Reinhard said that we should postpone a discussion on major projects to next
month's meeting. Stephen Welch said that we should talk about potential alternative ways to
Old South Road such as Ticcoma Way and Rugged Road. Lee Saperstein said that he would like
to elevate the Nantucket Railroad walking paths to a higher priority and Allen Reinhard said that
he would add Greenways to the discussion of priority.
7. Old, New, or Other Business: Access to Historic Coloured Cemetery.
As reported earlier, access to the Historic Coloured Cemetery through North Mill Street is good.
The Cemetery Commission will replace the entire fence around the cemetery once the hospital
construction is complete.
Nat Lowell asked that we discuss the Mill Hill Lane extension from New Mill Street to Joy
Street. According to Mike Burns, people were driving over it even though it is meant to be only
a pedestrian way; thus, they installed posts to prevent driving. Nat Lowell said that a neighbor
has complained to him about its closure.
8. Adjournment.
Adjourn came at 5:18 pm when the committee reached the end of the agenda.
The next meeting will be at 4:00 p.m., July 18, 2017, at 2 Fairgrounds Road.
Roads and Right of Way Committee Outstanding Projects List:
Projects Underway and need only oversight until completion
• Downtown Sidewalk Project
• In Town Bike Path from Washington St. Ext. to Orange Street, Phase 1
• Boulevarde to Airport road reconstruction as Public Ways
• Bike route linking Surfside, Hummock Pond & Madaket Bike paths via Mill Hill
• First Way Pedestrian/Bike Access and Road Improvement Safety Project
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Proiects in need of advancement, completion or encouragement
• Installation of sidewalk from Prospect St. multi -use path to Upper Vestal Street
• Installation of Public Way Monuments: Sconset, Hulbert Ave, Eel Point, Surfside
• Chapter 91 Public Access License Enforcement
Long Term Proiects and proiects on hold
• Nantucket Central Railroad Trail Project
• Nantucket Greenway and Footpath System
• East Creek Road viewing platform and CPC grant
• Work with DPW on maintenance plan for public way monuments
• Maintenance Plan for West Chester St. Ext. and Crooked Lane
• Harbor Walk
Lee W. Saperstei , Pate
NOTES FROM CHAPTER 91 DISCUSSION
Jeff Carlson, Leslie Forbes, Lee Saperstein
May 24, 2017
CONTEXT:
Title XIV, "Public Ways and Works," of the Massachusetts General Laws, MGL, contains
Chapter 91, "Waterways ", which is based on "The Massachusetts Public Waterfront Act" and
applies to both existing unauthorized activities and new projects proposed in, under, or
over publicly owned waterways. Section 18 of Chapter 91 establishes a system of review
and licenses to preserve the public's right of access to water. Although Section 18,
"Application for license; notice; hearings; records, specifies the requirements for licenses,
Nantucketers refer to "Chapter 91 licenses" as the requirement to be observed.
Chapter 91 has four basic areas of geographical jurisdiction. On Nantucket it includes:
• Flowed Tidelands:
o From present mean high water (MHW) shoreline extending to three miles seaward
• Filled Tidelands;
o From the first public way or 250' from MHW, whichever is farther landward
• Great Ponds:
o Hummock, Long, Miacomet, Sesachacha
• Non -Tidal Rivers and Steams:
o None
The Town focuses on Nantucket Harbor where most of the structures lie. In addition, most
of the filled tidelands are against the downtown area, which expanded toward the water
over historic time.
Under the Nantucket Harbor Plan and at the request of the Board of Selectmen, the
Nantucket Roads and Right of Way Committee (ROW) is charged with following the process
for Chapter 91 licenses and the public's access to water.
MAY 24 DISCUSSION:
Lee Saperstein and Leslie Forbes, from ROW, met with Jeff Carlson, Coordinator, Nantucket
Natural Resources, to explore ways ROW could support the Natural Resources Department
in the tracking and enforcement of the public right of access under Chapter 91.
The Town's central dilemma is that the enforcing authority lies with the Massachusetts
Department of Environmental Protection, DEP, Waterways Regulation Program. Neither
inspecting nor enforcing Chapter 91 violations or licenses on Nantucket appears to be a
priority for Waterways. Further hindering the program, there are no processes in place to
track follow- through and required renewals. Moreover, records are not digitized for easy
search. Political will and money far beyond Nantucket ROW is needed to redesign the
process and department.
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Suggestions for what can we do on Nantucket:
1. Put a digital map of the Chapter 91 filled tidelands jurisdictional boundary on the
Town's GIS. Use MORIS (Massachusetts Ocean Resource Information System);
Leslie Forbes to follow through.
a. Jeff Carlson says that all surveyors typically inform clients if a Chapter 91 license
is required. Many clients do not pursue a License and there is little enforcement
by Waterways.
b. Nathan Porter, in charge of the Town's Geographic Information Systems, GIS,
needs permission from the Town's Department of Information Technology, IT, to
add this layer. Cost is -- -$500 and the file must be in .shp format
2. Ask the State to delegate authority to the Board of Selectmen or its Designee to be
the Inspection and Endorsement body for Chapter 91 applications and renewals.
We envision that the DEP would remain the State's authority but the Town would
have the power to work on its behalf.
a. Owner would seek Natural Resource and BOS Designee input and endorsement
for the public access component.
b. Natural Resources or BOS Designee inspects projects. For unlicensed projects
that should have a license but do not or those that are non - compliant with the
conditions of the license, the Building Department may choose not to issue a
permit.
3. Add the Chapter 91 Application to the Building- Permit - Application Checklist
a. As part of the delegation process, the Town will need to determine who has the
authority and expertise to ascertain if Chapter 91 applies to a project.
b. Completed Chapter 91 Licenses will be required for Certificate of Occupancy.
While these steps will not confer independent authority to Nantucket, they could signal
that Chapter 91 is a priority for Nantucket, provide an opportunity for local input on public
access, and contribute to more thorough tracking of Chapter 91 applications and licenses.
June 14, 2017
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