HomeMy WebLinkAbout2018-6-10Town and County of Nantucket
ROADS AND RIGHT OF WAY COMMITTEE
Meeting of 19 June 2018
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Conference Room of 2 Fairgrounds Road r
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FINAL AND APPROVED MINUTES
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1. Call to Order, Approval of the Agenda, Approval of Minutes, and Public Comments.
A. Chair Allen Reinhard called the meeting to order at 4:01 pm. In attendance were Rick
Atherton (left at 5:03 pm), Nelson (Snookie) Eldridge, Nat Lowell (left at 5:03 pm), Allen
Reinhard, Lee Saperstein, and Stephen Welch (left at 4:27 pm); there was a quorum until 5:03
pm whence the meeting was adjourned.
Absent: Leslie Forbes, Bert Ryder, and John Stackpole.
Guest: Rob McNeil, Director DPW
B. Approval of the Agenda. Lee Saperstein reminded the chair that he would propose that the
Committee move to advise the Select Board Public to petition the State for delegation of
authority to manage the Chapter 91 licensing program. Because of the truncated meeting, this
action was deferred to the next meeting.
C. Minutes. Snookie Eldridge moved, and Rick Atherton seconded, approval of the minutes
from May 15, 2018. They were approved unanimously.
D. Public Comments. There were none.
2. Potential Road Takings List: Review and Update Existing List.
Allen Reinhard related that the Committee has maintained a list of potential road takings since
the inception of its current makeup. At the last meeting, he introduced the topic and members
felt that it was an important part of the committee's advisory role; thus, it was recommended for
discussion at this, the June, meeting. The task before us, he said, would be to review the 2016
list, which was attached to the minutes of the May meeting, and edit it as appropriate. He
reported also that he and Lee Saperstein had met with Andrew Vorce recently and some of his
comments are informed by information received from Andrew Vorce. As discussion evolved, it
became clear that Agenda Item, 4., "Definitive List of Public and Private Roads," was very much
a part of the discussion in this agenda item. Lee Saperstein projected the 2016 spreadsheet on
the screen in the conference room during this discussion.
At this point, Rick Atherton suggested that the Director of Planning, Andrew Vorce, may have a
master list of intended takings and that he might intend to share it with the Select Board at a
coming meeting. This comment led to a discussion of the difference between the committee's
list and that of the Planning Department. It is known that Planning has been asking successive
Town Meetings for authority to take a number of streets to resolve ambiguities of ownership.
Nat Lowell suggested that these might be "paper" streets and that we need to separate them from
active private ways that should be public. Allen Reinhard reminded us that in 1975, a survey
was made of such streets but, at the moment, its file location is unknown. Rick Atherton
suggested that it would be timely for the Town to have a linked system of files that store
information about streets. The linkage could tie Assessment, Information Technology, Planning,
Public Works, and the Town Clerk together. Stephen Welch asked if we are the appropriate
body to maintain this list. Allen Reinhard said that, because we are advisory and without staff,
the answer would probably be "no." He thought that it should be a statutory body such as the
Planning Board; Nat Lowell agreed but said that it would be the Planning Board on behalf of the
Select Board. Stephen Welch then asked if we should recommend to the Select Board the
creation of such a master list. Rob McNeil said that the DPW very much wants such a list but
the current building boom is challenging its creation. First, new developments are creating
streets faster than we can enter them into the Town's GIS system and, second, licensed surveyors
are so busy that the DPW cannot get one to consider a contract to do the work needed to create
an authoritative list. Stephen Welch indicated that this was an important issue and that we
should keep the issue of a master list of streets on future agendas. [Action: Put Master List of
Private and Public Ways onto a future agenda.]
Lee Saperstein asked if we could return to the agenda item, namely the potential takings list.
Stephen Welch said that there is a need for orderly capital planning and that the Capital Program
Committee could use a good list of future projects, which includes road reconstruction. Rob
McNeil reminded the committee that there is not adequate funding for road maintenance and that
the Town's capacity to rebuild roads is limited by the availability of only one qualified
contractor.
After this conversation, it was clear that there was a consensus to bring the potential takings list
up to date and that it included only private ways that clearly have the characteristics of a public
way. The conversation about these potential takings flowed back and forth over the roads listed
on the 2016 spreadsheet but they can be summarized in the order shown on that list.
Number one is listed as Friendship Lane. The current conversation gathered all of the streets in
this area into a category now labelled as the Somerset Road/Friendship Lane complex. Rick
Atherton asked if the Town should continue its practice of fixing problems in that area, primarily
drainage, by betterment assessments against landowners or by initiating a taking. Rob McNeil
pointed out several times that this entire area from Meadow View to Bartlett Road was poorly
drained and was not readily amenable to a piecemeal solution. He felt that a broad solution to
drainage was needed before we could talk about specific sections of roads. Allen Reinhard
reminded the group that abutters' opinions have changed from negative to positive about taking
sections of Somerset Road. He also believed that the section of Somerset Road from its
intersection with Hummock Pond Road to the intersection with Friendship Lane should be
entirely public. This would give unobstructed access to the Edward B. Lewis Memorial Section
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of Prospect Hill Cemetery and the Jewish Cemetery inside of it. The fust portion of this section,
from Hummock Pond Road to Roberts Lane, is shown on the Nantucket Road Ownership
Worksheet at public while the balance, to Friendship, is private. The committee agreed that this
complex should remain on the list but not in first position and that future meeting agendas should
concentrate on this set of streets. [Action. Place Somerset Road/Friendship Lane on a future
agenda for more discussion of its potential for becoming a public way.]
Winn Street was second on the list. This way has been discussed several times in the Committee
as a potential relief for pedestrian and bicycle traffic around the Quaker Cemetery that avoids
travel on Quaker Road. Rob McNeil emphasized that Winn Street was a real opportunity to
avoid the Quaker Cemetery. During the discussion on Winn Street, several people noted the
difficulty large trucks have as they turn on or off Quaker onto the Madaket Road. It was noted,
though without recommendation, that if Caton Circle were to be moved to the north, the turns
would be easier and traffic from Main Street going on to the Madaket Road would be
unimpeded. The committee agreed that Winn Street was important and should remain
prominently on the list.
Third on the 2016 list was Amelia Drive and Ticcoma Way. In that a taking of these streets is in
planning by the Town, the Committee felt that it should be moved to the first position to support
that taking.
Backus Way was fourth on the old list. Rob McNeil reported that, before the construction of the
new Intermediate School, the School administration supported this taking. With the arrangement
of ways around the school, and the creation of First Way as a public way, they are no longer
supportive of a taking of Backus Way and the way should be stricken from the list. He did say
that the DPW is exploring the construction of a common driveway to the rear of the four private
properties on Surfside Drive at the corner of Backus Way so that drivers would not have to back
out onto Surfside Drive when they leave their own driveways.
Fifth was Mill Brook Road and there was no support for retaining it on the amended list.
Smooth Hummocks Way was sixth on the old list and, although it has deficiencies, there was
little support for its taking. Cato Lane had been discussed in the past as a supplement to Surfside
Road; it would require closing the gap that exists on private land for which there was no support.
Eel Point Road, eighth, also has deficiencies but not enough to generate support for its taking.
There was support at this meeting for the potential taking of Warren's Landing Road, which was
ninth on the old list. The committee had received a letter from the Fisher's Landing Area
Association in May of 2014, attached, asking that consideration be given to this taking and, at
that time, agreed to put the way onto the list. That support remains.
Ways that have been taken, Boulevarde, connecting airport roads, and First Way, should be
removed from the list. Equally, those ways that were listed as remote possibilities, Red Barn
Road and the private portion of Hooper Farm Road, should also be removed.
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The amended 2018 list is attached. It should be given to the Select Board as part of an advisory
report. [Action: Put revised Potential Road Takings List into the 2018 Annual Report of the
Committee.]
3. Update: Anns Lane and James Street.
Allen Reinhard was able to tell the Committee that, during his meeting with Andrew Vorce, he
asked about the status of the taking of Anns Lane and James Street. The former is one of the
lateral ways to the `Sconset Bluff Footpath and the latter is from Hulbert Avenue to the harbor.
The information he received is that negotiations are underway and we should see a notice of
taking soon.
4. Definitive list of Public and Private roads.
This item was discussed as part of the discussion of Item 2. The Potential Road Takings List.
Adjournment.
At this point in the agenda, two more members left for other appointments — Stephen Welch left
earlier — and the Committee lost its quorum. Consequently, the meeting was adjourned and this
was acknowledged by the Chair.
The remaining agenda items, 5. Pleasant Street Sidewalk Improvements, Update, and 6. Progress
Report: New Downtown Sidewalks at Straight Wharf, must wait for the July meeting.
Adjournment came at 5:03 pm with the loss of a quorum.
Next meeting: 4:00 p.m., Tuesday, July 17, 2018.
Roads and Right of Way Outstanding Projects List:
Public Way Monument Project (Lee & Allen & Snookie)
• Install remaining monuments at Sconset Footpath, Hulbert Ave.
• Update file of existing monuments.
• Move monuments at Westchester Street Extension and Crooked Lane.
Sidewalk Projects (Allen & Stephen)
• Prospect Street (bike path to Upper Vestal St.) and on to Madaket bike path.
• Cliff Road from Coffin Park to bike path at Sherburne Turnpike.
• Pleasant Street from Gardner Perry Lane to Williams Street.
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• Follow implementation of downtown sidewalk improvements.
• Bike/Pedestrian connection from Surfside to Hummock Pond to Madaket paths.
Harbor Walk Project (Rick)
• Identify route and identify sections needing constructed walkway.
• Concept drawings of construction required.
• List permits and approvals needed and process to obtain them.
• Funding.
Spruce Street (East Creek Rd.) Viewing Platform (Rick)
• Choose site.
• Review requirements of CPA grant.
• Develop concept and plan.
• Permits and approvals.
• Bids.
Chapter 91 Monitor Project (Leslie & Lee)
• Define goals for project.
• Make local license information available on line.
• Chapter 91 licenses along route for the Harbor Walk.
• Locate other locations on Nantucket and Madaket Harbors requiring licenses.
Nantucket Greenway and Trail System Project (Allen, Lee, Bert)
• Nantucket Central Rail Road trail.
• Map existing island trail and footpath systems and identify missing links.
• How should maps and information be shared?
L,A-� 1N
Lee W. Saperstein,
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Date
fishers
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May 8, 2014
Nantucket Roads and Right of Way Committee
2 Fairgrounds Road
Nantucket, MA 02554
Dear Chairman Reinhard:
y MAy — 7 2014
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Fishers Landing Association is contacting your office to seek your assistance in the taking of
Warrens Landing Road. Currently, Warrens Landing Road, from thejuncture of Madaket Road
proceeding for approximately 2,200linearfeet, is a private road owned by Fishers Landing
Homeowners Association. In the Building Permit process in x999, the town required the road be
made to a specified width and that it be paved. For well over a decade we have patiently
approached the Committee about the town assuming responsibility for the road. We are now
facing maintenance issues beyond what would be necessary had this road been simply used by our
development. This road has become a major route used by far more than the homeowners in
Fishers Landing. The following is an account of the town's activity to date and the association's
position.
1ggq: Warren's Landing Road was improved to meet Planning Board specifications, which were
met, allowing the Fishers Landing development to be completed and sold. The town maintained
the right to take the road at any time.
2000: The County Commissioners office informed FLA that they would not accept the road until
their next fiscal year, July 2000—July 2002.
2ooi: County Commissioners say they will take the road "soon."
zoog: FLA was told Warrens Landing Road was on the list for taking in 2011, although it could be
deferred due to lack of town funds or prioritizing of other roads.
The section of Warrens Landing Road under FLA ownership supports a major town property and
moorings at the Warrens Landing Road anchorage and boat ramp. It is the main route to Eel Point
conservation land and beaches. It is also used by a significant number of other property owners on
Warrens Landing road as well as on Eel Point Road. There is now a larger number of cars/trucks
utilizing Warrens Landing Road than residents who reside in Fishers Landing - yet we are bearing
the burden of maintenance and jurisdiction on the road.
(✓D 5 � t f IAN orcc
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We have a posted speed limit of zo mph, though because it is a private road we have no means to
having this speed limit enforced. In the summer there are more children in our area, and speeding
presents a danger to those children. Individuals are also parking on the shoulder of the road in
order to have easier access to the NRTA bus and this causes impediments to entering and exiting
Warrens Landing from Madaket Road. It also adds the burden of liability to the Association. In
both instances, we have been advised that as Warrens Landing Road is a private road, there is little
support that the town officials can supply in enforcing speed limits or limiting parking.
Fishers Landing Association has made long standing and reasoned attempts to have the road
assumed by the town and the town has chosen to continually defer this decision. Measured by use,
Warrens Landing road is a public road and has been for some time; however, if the road remains
private, we will have no other recourse but to pursue options that would limit access to our
homeowners only. For all others there will stili be access to Warrens Landing public mooring/boat
launch, Eel Point conservation lands, and homes not part of FLA via Eel Point Road. It is not a route
we wish to take and seek a resolution that will work for all.
The situation is an increasingly unfair burden on homeowners who have been patient for over 3.5
years. We implore you to work with us to take a responsible and reasonable route to having this
road taken by the town.
Thank you for your consideration of this matter.
Fishers Landing Association
Board of Directors
Lauren R. O'Donnell, President
Claire D. Graves, Treasurer
Gary B. Garofalo
Sharon W. Hussey
David J. Policansky
Jerry M. Horton
/cf: Board of Selectmen
POTENTIAL ROAD TAKINGS UST, As of June 2018
Traversable
Access to
Road Status,
Public Use Road links Public
by
Public
Traffic
Public (pub) or
of this
Two Public Safety
Emergency
Abutters Property
Circulation
Other Benefits to the General
Order Road
Private (pvt)
Road
Roads Concerns
Vehicles
Requests Including
Patterns
Public Comments
Amelia is private and Ticcoma (to
Fairgrounds) is public Expanding
commercial developments and
narrow roadways limit two-way
traffic and suggest that the taki ng
of Amelia and improvements to
both are appropriate. Impending
traffic studies will affect future
Amelia Drive and
1 Ticcoma Way
pvt/pub
Yes
Yes Moderate
Moderate
Yes No
Heavy
priorities
Taking private portion and
rebuilding will provide public
access around Quaker Burial
Ground to beach bike paths.
Private portion of Winn St. is
narrow and this may affect ability
2 Winn Street
pvt/pub
Yes
Yes Moderate
Difficult
Yes No
Moderate
to rebuild it.
Drainage and maintenance
problems; input from abutters;
DPW concerns that drainage fixes
Somerset
Road/Friendship
should be comprehensive to be
3 Lane complex
pvt
Yes
Yes Moderate
Difficult
Yes, %age No
Light
effective.
Light to
Access to Warren's Landing and Eel
Warren's Landing
4 Road
pvt
Yes
Yes Slight
Moderate
Yes, FLA Yes
moderate
Point; Fisher's Landing Assn Letter
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