HomeMy WebLinkAboutSiasconset Bluff Walk Public Access Meeting Notes - May 20, 2010_201402041425340420
SCONSET BLUFF WALK PUBLIC ACCESS SUBCOMMITTEE
DRAFT MINUTES
May 20, 2010
CALL TO ORDER
Co-Chair D. Anne Atherton called the first meeting of the Subcommittee to order at 4:00
on Thursday afternoon, May 20 in the Conference Room at 2 Fairgrounds. Present were
members Atherton, Rob Benchley, Bob Felch, Jeri Hicks, Frank Holdgate, Joan Porter,
Bert Ryder, Co Chair Harvey Young and BOS ROW Liaison Brian Chadwick. Also in
attendance were: Peter Brace, Al Crosby, Lucy Dillon, Carol Dunton, Linda Holland,
Sylvie O’Donnell, Allen Reinhard and Lee Saperstein, as well as guest presenters, Fran
Karttunen and Andrew Vorce.
ROUNDTABLE INTRODUCTIONS
The committee members introduced themselves and expressed their individual interest
in public access and the work of the Subcommittee.
REVIEW OF THE CHARGE TO THE SUBCOMMITTEE
Co-Chair Atherton outlined the history of the formation of the Subcommittee to carry
out the will of the 2010 Annual Town Meeting and reviewed the group’s charge:
To make recommendations to the Board regarding the management and disposition
of the private abutters ways identified in article 74 of the ATM warrant. The charge
includes, but is not limited to recommending:
1. Which of the ways should be established as footpaths to connect to the existing
Siasconset Bluff Walk.
2. Which ways should be eliminated.
3. Create management objectives for the footpaths including surfaces, litter control,
privacy features, restrictions against commercial activity, signs or markings, hours of
access and enforcement.
On behalf of the Subcommittee, Ms. Atherton welcomed the members of the public and
reiterated the Subcommittee’s commitment to inviting anyone interested to join in the
work of the group. She also reminded everyone that the Subcommittee’s role is advisory
to the Roads and Rights of Way Committee and the Roads and Rights of Way
Committee’s role is advisory to the Board of Selectmen.
DRAFT Subcommittee Minutes/5.20.10 2
THE BLUFF WALK: A HISTORIC PERSPECTIVE
Dr. Frances Ruley Karttunen was introduced and proceeded to relate the history of the
Bluff Walk from the first set-off of private lands by the proprietors in 1817-21 creating
the area know as Plainfield to the acquisition of land along the bluff by Mr. Flagg in
1873. After various proposals to develop the property, on September 21, 1892 the
Promenade or footpath was accepted by the Proprietors as a Public Footpath. In 1925 the
Town was appointed trustee of the footpath through a deed of release. No reference was
made to the lateral ways between Baxter Road and the footpath, even though they were
laid out as ways and used by the public. From 1956 to the present, the question of public
access over these ways has been unclear. The work of the Subcommittee is intended to
resolve the long-standing question of access and ownership over these ways.
OVERVIEW: STEPS THE TON AND COUNTY CAN TAKE TO PROTECT PUBLIC
ACCESS
The Town’s Planning Director, Andrew Vorce, discussed the process used to take the
eight ways identified in Articles 74 and 75 of the 2010 ATM Warrant. Passage of these
articles granted authority to the BOS to proceed with an eminent domain taking. These
abutters’ ways are shown as streets on maps. The Selectmen are looking to the ROW
Committee to make a recommendation as to which of the ways should be used as paths
to provide access to the footpath. The intention for the remaining property is to return it
to the tax rolls through the Town’s Yard Sale program. Several steps are needed: After
the BOS decides which ways will be taken, a plan will be drawn and a public hearing
will be held and damages will be determined. Under the Derelict Fee Statue, the
remaining property will be noticed as surplus land. Preference will be given to abutters.
Negotiations with abutting landowners will result in a purchase, gift or taking by
eminent domain. Once the property is taken, the Town can keep the way or a narrower
easement over the way and transfer the remainder to abutters.
Mr. Vorce mentioned two questions for the subcommittee to consider: one, has the
particular way ever been open and used as a way; and, two, what are the impacts to
abutters?
Co-Chair Young asked what value abutters receive from voluntary participation. Mr.
Vorce replied that increasing the square footage of their lot changes setbacks from roads
and easements, provides area of additional ground cover, changes the status from a road
to a footpath and the attendant liability of having a road opened, and resolves other
legal issues stemming from extinguishing a road. Takings are a tool that clears the title.
A comment was made that there might be an opportunity to address other
encroachments along Baxter Road, as well as un-permitted or unlicensed stairs to the
beach over Town-owned land. Mr. Vorce encouraged the committee to stay focused on
the BOS charge, but did say that such information would be helpful for future
negotiations.
DRAFT Subcommittee Minutes/5.20.10 3
DEVELOPING A WORK PLAN
Co-Chair Atherton then solicited ideas and suggestions from the Subcommittee
regarding a Work Plan to arrive at presentation of a final report to the ROW Committee
by November 16, 2010. The salient points of the brainstorming discussion were as
follows:
· walkabout: Mr. Holdgate suggested that the first task for the Subcommittee would be to
walk the footpath; everyone agreed
· maps: various maps will be important to the work of the Subcommittee; Ms. Atherton
asked Mr. Young to be the “keeper” of the maps and he graciously agreed
· documents: already various documents have been brought forth; these documents will
be scanned into electronic form and archived on the Subcommittee’s website by Ms.
Atherton; the Subcommittee welcomes any information relevant to its Charge; the
Subcommittee will endeavor to put together a comprehensive archive of maps and
documents for the Town’s files
· survey: is a survey needed? where is the footpath currently located; Mr. Vorce said there
are some “breaks” in it that are now easements; do we need to have this surveyed? also,
are there any instances where the path as been “redirected”?
the suggestion was made that the Subcommittee might consider which paper paths to
**add** to the recommended takings
· objective criteria: in order to determine how many points of access are needed and
which, if any, should be eliminated—or added—the Subcommittee should develop
objective criteria with which to consider all options
· there already has been indication that there may be some property owners who would be
willing to grant easements
· information gathering: an inventory of the stairs going down to the beach over Town-
owned land is needed; this could be obtained through a liaison with the Conservation
Commission; ACTION ITEM Ms. Atherton will contact the ConCom to see if a
Commissioner would be willing to serve on the Subcommittee; information relating to
noted encroachments on Baxter Road could also be helpful
· erosion rates: would it be helpful in the Subcommittee’s deliberations to have
information relative to erosion rates?
· Management Plan: the suggestion was made to “segregate” the third part of the Charge
of the Subcommittee and ask the Sconset Trust and the Sconset Civic Association to
develop a **draft** management plan for the footpath; the Sconset residents are the ones
most conversant with the issues related to public use of the Bluff Walk, and it would
make sense to ask them to assist the Subcommittee with this task; there seemed to be
consensus agreement to this course of action; ACTION ITEM Messers Felch and
Benchley, representatives on the Subcommittee from both organizations, were asked to
convey this request to their respective groups; the Subcommittee will look to these two
organizations to dialogue with the property owners, especially those along the Bluff
Walk: what are the specific problems? the Subcommittee will look to its member, Ms.
Porter, to assist with this, as she is a direct abutter to the footpath
· enforcement of any Management Plan: how to enforce whatever Plan is developed? the
support of the Town is essential in this; perhaps the Subcommittee should invite Chief
Pittman to discuss this aspect, when appropriate
DRAFT Subcommittee Minutes/5.20.10 4
Work Plan brainstorming continued:
· ongoing maintenance of footpath and access paths: this will be a major concern; perhaps
the Subcommittee should develop some recommended standards
· possible “template” for a Management Plan: the guidelines contained in the
comprehensive Nantucket Conservation Foundation map; it does not appear that a
management plan has yet been developed through the One Big Beach Program
ACTION ITEM Ms. Atherton will take the comments and develop a **draft** Work
Plan for the Subcommittee’s consideration.
ORGANIZATIONAL MATTERS
Meeting Schedule: The Subcommittee agreed to meet every other week, maximum. The
best time would be 4:15, rather than 4:00, to accommodate everyone’s availability. The
preferred meeting day would be Tuesday, if possible. Mr. Benchley suggested that
perhaps we could alternate with Sconset Historic Structures Advisory Board. The ROW
Committee meets on the third Tuesday of each month.
Communications: The suggestion was made that we refer to the various properties
along Baxter Road by street number. It was also suggested by Ms. Holland that the
Subcommittee hold a “community meeting” when appropriate: Ms. Atherton reiterated
that the Subcommittee was looking to the Sconset residents on the Subcommittee (Ms.
Porter and Messers Felch and Benchley) to facilitate communications with the various
neighborhood constituencies. The Subcommittee will communicate internally by email:
All Subcommittee information (meeting notes, minutes, agendas and documents) will be
posted on the Town’s website.
Record Keeping: Ms. Atherton asked anyone willing to assist the Subcommittee with its
record-keeping duties by acting as Secretary to please contact her or Mr. Young.
NEXT MEETING
It was agreed that the next meeting will be held on Tuesday, June 1 at 4:15 for a site
visit—walkabout—on the footpath and along Baxter Road. The starting location will be
on Nose Gay. Ms. Atherton will be away and unable to attend. However, she will
prepare an agenda and get it posted.
ADJOURNMENT
The meeting was adjourned at 6:15.
Respectfully submitted,
D. Anne R. Atherton and Allen B. Reinhard
Secretaries Pro Tem
6.6.10
DRAFT Subcommittee Minutes/5.20.10 5
ATTACHMENTS (2)
Attachment I: The Glidden Report, Dated July 7, 1981, 4 pp, Plus Cover Letter, Richard J.
Glidden, Esquire.
Attachment II: Memorandum for County Commissions [sic] Re: Sconset Footpath, Dated
March 6, 1986, Edward F. Vaughan, Town Counsel.