Loading...
HomeMy WebLinkAbout2019-10-15Town and County of Nantucket 2419 N O V 22 Ate 11: 2 -- ROADS -.ROADS AND RIGHT OF WAY COMMITTEE Posted Meeting of 15 October 2019 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 4:07 pm. In attendance were Rick Atherton, Nelson (Snookie) Eldridge, Leslie Forbes, Ed Gillum, Nat Lowell (4:15 pm), Allen Reinhard, and Lee Saperstein (joined by telephone); there was a quorum at all times. Guests: Diana Brown and Scott White B. Approval of the Agenda. The agenda was approved unanimously. C. Minutes. Approval of the minutes from September 17, 2019, was moved by Snookie Eldridge and seconded by Nat Lowell; approval was unanimous. D. Public Comments. Introductory comments from Scott While of 5 Little Neck Way led to an extensive discussion. He began by discussing the waterfront boundary of his property on Little Neck Way. A number of people have said that his property boundary only reaches to the high-water mark, which he said is not true. A legal opinion from Town Counsel states that his property extends to the low- water mark and includes the tidal flats. Allen Reinhard interjected that he has seen two separate deeds each with its own statement about ownership. He has not seen Town Counsel's opinion that is in the Select Board packet for October 16, 2019 (https://www.nantucket- ma.g_ov/AgendaCenterNiewFile/A eg nda/ 10162019-7883), pages 65 to 106. Allen Reinhard said that the act of marking the tidal area as private, with "no trespassing" signs, has island -wide implications. Scott White responded that the law has not changed and his action does not change things. Rick Atherton added that the interpretation of tidal ownership that was established when Nantucket was a New York colony (until 1693), referenced by Matt Fee in his letter to the "Inquirer and Mirror," October 10, 2019, has not been included in Counsel's opinion. This interpretation holds that the tidal flats belong to the Town as successors to the Proprietors. Allen Reinhard said that Ken Beaugrand, Town Real Estate Specialist was going to ask Counsel whether New York legal precedence still pertained to Nantucket. At this point, Scott White read a statement about the history of ownership on Nantucket that included reference to a 1687 New York document (per Scott White). He related that his use of no trespassing signs, as explained in an August 8, 2019 letter to the "Inquirer and Mirror," was a response to the lack of enforcement for the leash law for dogs. Allen Reinhard added that we have asked the Town for further interpretation of the public's rights for use of the tidal flats. He also noted that the Town's easements for "One Big Beach" should include an insistence on a sense of responsibility among beach users. Nat Lowell recounted the developmental history of the "One Big Beach" easements. They eventually included a limitation on driving on many "One Big Beach" properties. He allowed, though that limiting cars was a lot easier than enforcing leash laws for dogs. The success of the program depended upon owners' cooperation, which avoided very expensive takings by eminent domain. Nantucketers often think of open space as public but, he pointed out, it often is not. He noted that the Brown -White property is bounded by Nantucket Island Land Bank and Nantucket Conservation land. Could they be persuaded to enforce leash usage, he asked. Scott White reported that he has called the police frequently about dogs running loose and he did have two officers turn out one afternoon. But that was only one time out of many calls. Leslie Forbes asked if there is a solution. If there were general leash compliance, would it allow him to take down the signs? A possible solution would be enforcement monitoring on the part of the Conservation Foundation and Land Bank. Should there be dog -free beaches along Little Neck Way, she asked. Scott White then added that control of dogs would make the lands much more hospitable to wild life. Ed Gillum agreed that enforcement of the leash law was preferable to public -entry prohibitions. Allen Reinhard agreed that the public land owners on either side should make it clear that dogs need to be leashed. The Land Bank did something similar at the end of Quaise Road. Lee Saperstein noted that acceptance of leash enforcement would be helped if there were a leash - free zone to accompany the increased enforcement. Allen Reinhard summarized by saying that we need to increase enforcement of the leash law. Scott White added that we will not catch every offender but, like speeding offenses, an increased presence will enhance compliance. Allen Reinhard said that he will speak with the executives at the Land Bank and the Conservation Foundation to suggest better signage with respect to dogs. Rick Atherton added that the Town shares responsibility for ensuring public awareness of the leash law. 2. Public beach Access: High or Low -Tide line. Madaket Situation Update. This agenda item was covered extensively in the section on Public Comments. [Action: Allen Reinhard to share the suggestion for improved leash compliance with the leaders of the Nantucket Conservation Foundation and the Nantucket Island Land Bank; also with Ken Beaugrand, Town Real Estate Specialist.] 3. Roadway and Sidewalk Encroachments: Regulations and Enforcement. 2 Allen Reinhard reported that he has spoken with Ken Beaugrand, who is working with Rob McNeil, Director of the DPW, on ways to publicize the Town's encroachment policy (https://www.nantucket-ma.gov/DocumentCenterNiew/I 8808/Encroachment-Policy-PDF), which is enforced by the DPW. Ken Beaugrand said that a contract land surveyor is mapping properties along Washington Avenue as a first step toward identifying encroachments on that street. In addition to notifying land owners of these encroachments, recommendations will go to the Traffic Safety Work Group for changes to the parking rules on Washington Avenue. Snookie Eldridge added to an understanding of encroachments by noting that he had learned from the Water Company that it insists on a 3 -ft radius of clearance around all fire hydrants. 4. Sidewalk Improvements: Discussion and Next Steps. All present agreed that there has been a pause in work on repairing sidewalks. Nat Lowell talked about curbing on Prospect Street in front of the Anderson Building that he felt had been installed improperly. This led to a discussion on new signs and line restrictions on recently improved roads such as Milestone Road. Allen Reinhard said ruefully that he had nothing new to report on sidewalk reconstruction. He wants to emphasize to Town Planners that the Committee is concerned about the missing sidewalks on Pleasant Street, Prospect Street, and Cliff Road. [Action: Allen Reinhard to check with Mike Burns, Transportation Planner, whether or not the Committee should write to the Select Board with advice on the need for these sidewalks.] 5. Nantucket Greenway Project Update: Land Bank Cross -Island Hike and Map Proposal. The first Cross -Island Hike was last Sunday and over 200 people were at the start. Hikers had the option of completing the entire hike or just sections of it. Allen Reinhard was unsure of how many finished all 21.3 miles but he did it in eight hours. The hike crossed properties of the Conservation Foundation, the Land Bank, Mass Audubon, and the State Forest. A planned outcome of the hike will be a complete map of the cross -island trail along with all connecting trails to be available on line as well in print. For this hike, temporary directional signs were installed; in the future it is hoped that the trails will be marked permanently. 6. Member Comments, Old, New or Other Business: Updated List of Public and Private Ways; Ownership of Alphabet Streets in Madaket; Historic Coloured Cemetery Access. Ed Gillum asked, in reference to the issue of missing sidewalks, if the Committee or the Town has a list of streets with missing sidewalks. Lee Saperstein noted that there is a plan for walking links between downtown and mid -island that covers most of the streets that we discussed earlier. Ed Gillum said that North Liberty Street should be on the list and Nat Lowell added, New Lane also. 7. Adjourn. Adjournment came by acclamation with the end of the agenda at 5:25 pm. 3 Next meeting: 4:00 p.m., Tuesday, November 19, 2019. Lee W. Saperstein, Secretary �_, - Q/v►� Date Z 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 St. Ext. & Crooked Lane Sidewalk Projects: (Allen) • Prospect St. (bike path to Upper Vestal St.) and on to Madaket bike path • Cliff Rd. Coffin Park to bike path at Sherburne Tpk. • Pleasant St. Gardner Perry Lane to Williams St. • 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 • Funding 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? E