HomeMy WebLinkAbout20130522-SFA email with letter re Ryans_201404071232038938From:Sarah F. Alger
To:Libby Gibson; rickatherton@comcast.net; midasack1@comcast.net; Bob DeCosta; Matt Fee
Cc:molly@clarkstreetventures.com; pryan@pressganey.com; art@blackwellsurvey.com; mastermanj@gtlaw.com;
Andrew Vorce; Kara Buzanoski; rgardner@wannacomet.org; Erika Mooney
Subject:Baxter Road discussion and update, May 22, 2013
Date:Wednesday, May 22, 2013 6:20:43 PM
Attachments:Gasbarro ltr 05.22.13.pdfBOS ltr 05.22.13.pdf
Dear Libby,
In connection with the above matter, I am attaching a copy of a letter, with its enclosure, that I plan to
deliver to the Board tonight on behalf of my clients, Molly and Patrick Ryan at 110 Baxter Road.
Thank you for your attention.
Regards,
Sarah
P.S. I do not seem to have Tobias Glidden’s email, so if you would please forward this, I would
appreciate it. Thank you.
Sarah F. Alger, PC
Two South Water StreetNantucket, Massachusetts 02554508-228-1118 telephone508-228-8004 fax Five Parker RoadOsterville, Massachusetts 02655508-428-8594 telephone508-420-3162 fax
sfa@sfapc.com
B7752 May 22, 2013
Patrick T. Ryan, Trustee
Ryan Nantucket Realty Trust
886 Hale Street
Beverly, MA 01915
Re: Baxter Road Access/
Relocation Report Review
Dear Mr. Ryan:
I am writing to inform you of the results of our preliminary review of the proposed layout
of potential new roads in Siasconset as identified in the Planning and Land Use Services
(PLUS) reports dated May 3, 2013 and May 20, 2013, and under consideration by the
Board of Selectmen. Attached is a 2012 aerial photograph depicting the overall area that
has been impacted by further erosion in the past year. Also included are portions of the
Town G.I.S. map with the most currently available 2007 aerial photograph. Of specific
concern is the narrowness of the upland area between Baxter Road and the top of the
coastal bank, from Bayberry Lane north to the Sankaty Lighthouse. All alternatives
available to maintain access and services to the properties along Baxter Road must be
fully vetted prior to adoption of a course action. The development of the alternatives
requires work beyond the scope of the PLUS reports including survey data, engineering,
and a comprehensive economical analysis
The recommended alternative to pursue takings to create access roads “B” and “C” does
not consider that the stability of Baxter Road will be impacted by erosion over time along
the length of the road, and not at a single failure point. The May 3rd report references
“severe erosion in the vicinity of the eastern side of Baxter Road between numbers 81
and 93 may affect the stability of the roadway leading to its closure to traffic”. However
as shown on the attachment, the top of the coastal bank is actually closest to the road
between the properties at 101 and 105 Baxter Road. The result of losing this portion of
the road would render some properties without access due to the continued erosion, even
with the proposed takings. Specifically, properties at 106, 114, 116, 120 and the Sankaty
BLACKWELL & ASSOCIATES, INC.
Professional Civil Engineers & Land Surveyors
20 TEASDALE CIRCLE • NANTUCKET, MA 02554
PHONE (508)-228-9026 • FAX (508)-228-5292
– 2 – May 22, 2013
Lighthouse could be left without access when the road is compromised between proposed
access roads “B” and “C”. Similarly, along the west side of Baxter Road, even numbered
properties from 76 to 98, between proposed access road “B” and Bayberry Lane will be
left without access in the proposed scenario when Baxter Road is compromised by
erosion.
There are also physical and regulatory concerns associated with the recommended layout.
A complete survey and engineering analysis should be completed of all alternatives prior
to choosing an option to proceed with takings, infrastructure and utility relocations.
There are significant grade changes along the proposed access roads that must be
considered in the design of a safe transportation system. The extent of the limit of work
to accommodate such grades can only be accurately determined by utilizing actual survey
data within the project area. The analysis should not be based up on a Geographic
Information System (GIS) database, as stated in the disclaimer: The user should not rely on the
data provided herein without verifying its accuracy independently.
The sewer and water service proposals included in the May 20th report are clearly
identified as very preliminary, and should not be the basis of decision-making for such a
multi-faceted project. The proposal to relocate the water service to the west side of
Baxter Road at a preliminary estimated cost of $680,000 should be reconsidered in
context of continuing erosion. A preferred alternative may be to install the water main to
the west of the structures so that service does not succumb to erosion before the
structures. Further, there are subsurface utility services in this area including electric,
telephone and cable television that must also be fully considered for relocation.
With respect to regulatory concerns, a portion of this area is mapped as Priority Habitat
for Rare Species by the Natural Heritage and Endangered Species Program (NHESP) per
the current 2008 NHESP Atlas. Review of work in this area by NHESP is required per
the Massachusetts Endangered Species Act (MESA). If the work exceeds established
thresholds, an Environmental Notification Form (ENF) possibly followed by an
Environmental Impact Report (EIR) may be required to authorize the work per the
Massachusetts Environmental Policy Act (MEPA).
– 3 – May 22, 2013
There are wetland resource areas within the vicinity that are subject to protection per the
Massachusetts Wetland Protection Act (WPA) with associated Regulations (CMR), as
well as the Wetland Protection Regulations for Administering the Town of Nantucket By-
law Chapter 136. These areas include a Coastal Bank and Vegetated Wetlands, with the
associated buffer zones up to one hundred feet from the boundaries of said areas. Work
within this area is subject to the review and approval of the Nantucket Conservation
Commission. Further, if any State or Federal permits are require for the proposed work,
review will also be necessary by the Massachusetts Historical Commission which could
lead to the need for an archeological investigation.
The best way to proceed at this time is to develop a comprehensive scope of services for
the issuance of Request for Proposals for consulting services for a professionally
prepared report fully vetting all alternatives. The format could be similar to the recently
advertised RFP for consulting services related to bulk fuel storage. Further study and
analysis of the alternatives should be considered before a decision is made to proceed
with any one option.
Please feel free to contact me should you have any questions, concerns or comments
regarding this matter.
Sincerely,
Blackwell & Associates, Inc.
Arthur D. Gasbarro, PE, PLS, LEED AP
Cc: Sarah F. Alger, P.C.
– 4 – May 22, 2013
2012 Google Earth Image – Approximate location of Proposed Takings “B” & “C”
– 5 – May 22, 2013
Town of Nantucket G.I.S. – 2007 Aerial Photo
Baxter Road – Sankaty Lighthouse South to #94 -
– 6 – May 22, 2013
Town of Nantucket G.I.S. – 2007 Aerial Photo Baxter Road – #94 South to Bayberry Lane