HomeMy WebLinkAbout2019-12-17i
Town and County of Nantucket
ROADS AND RIGHT OF WAY COMMITTEE 2020 JAN 22 PM I: 32
Posted Meeting of 17 December 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 4:05 pm. In attendance were Rick
Atherton, Nelson (Snookie) Eldridge, Leslie Forbes (4:15 pm, left at 5:15 pm0, Bill Grieder, Nat
Lowell (left at 5:00 pm), Allen Reinhard, Bert Ryder (5:05 pm), and Lee Saperstein (by
telephone); there was a quorum at all times.
Absent: Ed Gillum
B. Approval of the Agenda. The agenda was approved unanimously.
C. Minutes. Approval of the minutes from November 19, 2019, was moved by Snookie
Eldridge and seconded by Nat Lowell; approval was unanimous.
D. Public Comments. None.
2. Roadway and Sidewalk Encroachments: Community Organizations to Help with
Publicity.
Allen Reinhard reported that he had spoken with Rob McNeil, DPW Director, on ways to notify
landowners about encroachments and learned that Rob McNeil is composing a generic letter that
can be tailored to specific problems and property owners. Allen Reinhard surmised that we
could recruit a civic organization, such as the Nantucket Civic League, to help publicize the
problem of encroachment and its associated regulations (https://nantucket-
ma gov/DocumentCenterNiew/18808/Encroachment-Policy-PDF).
Nat Lowell referenced Joe Marcklinger's (former committee member) original draft of the
revised regulations that would have accepted and licensed many private or historic
encroachments that are not a problem, such as friendship stairs. Many of these are in the ROH or
R-1 districts. Instead, he said, that we should concentrate on today's problems such as boulders
and large rocks, or other impediments, put down to block parking on public -road shoulders. He
continued by saying that we use many private roads publicly and yet, because they are private,
the adjacent landowners may do what they want on the roadway edges, even if they are inside of
the roadway layout.
Bill Grieder suggested that encroachments are on the increase and that we need to identify the
encroachment early so that property owners may remove the encroachment promptly and others
may learn not to put things in the layout. If property owners in Madaket had known about the
encroachment policy early on, many current problems might have been avoided. Snookie
Eldridge contributed that the same problem exists on Baxter Road in `Sconset. Lee Saperstein
agreed that many houses on Baxter have rocks on their road shoulders.
Nat Lowell suggested that road layouts vary all over the island, thus there is not a consistent
standard and this may add to the confusion. There may have been historic reasons for the
variation but we do not know why now. Maybe we need to suggest that the Town take land
alongside the narrower ways to provide for sidewalks.
Leslie Forbes suggested that homeowners have a responsibility to locate and know their property
bounds so that they may comply with the existing regulations and with any subsequent changes
in the Town property that they abut. This is different from pre-existing properties that suddenly
now have a problem, perhaps because the traffic routes have changed or the town's needs for
space have changed.
Nat Lowell returned to Joe Marcklinger's suggestions that historic encroachments be licensed
and recorded, which makes sense. The big issue today is pedestrian and traffic safety, not
historic encroachments. Allen Reinhard agreed with this observation. Nat Lowell also said that
we need to have Rob McNeil at a future meeting to discuss ways to notify individual property
owners and the public at large of the encroachment regulations. We could create a list of specific
encroachments and general classes of encroachments and work with Rob McNeil on composing
letters to property owners on the list.
Allen Reinhard said that he will follow up with Rob McNeil and will return this issue to a future
agenda. Lee Saperstein said that, at that time, we should share our concerns with the Nantucket
Civic League, the newspaper, and other civic organizations.
For the next meeting, members should come with their local encroachment concerns so as to
begin to assemble the list. [Actions: Allen Reinhard to work with Rob McNeil on notifications;
members to bring their local encroachment concerns to the next meeting.]
3. Updated "Official" List of Public and Private ways.
Allen Reinhard said, as he introduced this item, "Guess what? There is no such thing as an
official list of way ownership." In response to a question, he said that all public ways are County
ways even when we speak colloquially of Town roads.
Nat Lowell asked about Nathan Porter's (Town GIS Coordinator) knowledge of this. Allen
Reinhard replied that he was told by Nathan Porter that he cannot be authoritative on ownership.
Rick Atherton suggested that the best source of information about private versus public
ownership must be the DPW; maybe we can get their list and then work on research to remove
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ambiguities or to add new streets. Lee Saperstein shared that the fire department has a
comprehensive list of house addresses and suggested that it could be used to identify gaps in the
DPW list. Leslie Forbes asked about Annie Bissinger's (former committee member) research on
ways. Allen Reinhard replied that she is very knowledgeable and is a private consultant.
Snookie Eldridge noted that we should add the water company's address and street listings. Both
Allen Reinhard and Nat Lowell said that the planning department knows a lot about ways but we
do not know how they get their data. It may be a good idea to have Andrew Vorce come in and
tell us what they know about ownership of the Island's ways.
Allen Reinhard concluded by saying that the Town, with all of its computing power, should be
able to create a complete list of streets and ways and then we could research public ownership.
(In a post-meeting exchange of e-mails, Allen Reinhard and Nathan Porter agreed to work on a
definitive list of ownership of the Island's ways.) [Action: Return this item to the agenda with
an input of information from the Planning and GIS Departments.]
4. Takings List Review and Consideration of Adding Franklin Street to the List.
Allen Reinhard reported that Town officials thought that Franklin Street was a public way until
several landowners did things that blocked it or limited parking and, when others complained, it
was found to be private. Should we add it to our potential takings list, he asked. To complicate
matters, about four parking places abut New North Cemetery. Also, it is clear that some of the
parked cars alongside of the cemetery have been immobile for an extended period. Thus, the
Town has a responsibility for the way as an abutter and a concern about the public's access to the
cemetery. If the way were public, we could limit parking. Bill Grieder said that he has measured
the width of the way and it is narrow. Access is the issue although it is acknowledged that it is
not heavily used. Lee Saperstein asked if the Cemetery Commission had voted to recommend a
taking. He then checked the recent minutes of the Cemetery Commission and found that an
unanimous vote in favor of taking Franklin Street was taken. He also said that parking
limitations could be imposed if the way were public and then visitors to the cemetery would have
a safe place to park and to access the cemetery. Leslie Forbes pointed out that such a move
would reduce parking opportunities for people who work downtown or need to leave their car for
a long period.
Allen Reinhard returned the committee to the question of adding Franklin Street to the Potential
Takings List and there was general assent to do so. Nat Lowell made the motion to recommend
the taking; Bill Grieder seconded it and Lee Saperstein added his second and suggested that we
ask the Planning Department to advise us of the issues in the taking before we send the
recommendation to the Select Board. The vote in favor was unanimous, which included Lee
Saperstein's vote by telephone.
After the vote, Nat Lowell echoed that it should be taken. Rick Atherton added a note of doubt
by suggesting that, without a lot of complaints or use, maybe we should leave it alone. [Action:
Confer with the Planning Department on taking Franklin Street.]
5. Member Comments, Old, New, or Other Business: Historic Coloured Cemetery
Access.
Allen Reinhard reported that the hospital had built a path from its parking area alongside of the
Emergency Room entrance to an entry into the Historic Coloured Cemetery. Landscaping will
occur in the spring and a ramp up to the path will need to be installed.
Bill Grieder asked about the projects list that is attached to each agenda. He thought that he
could use it to follow progress. Allen Reinhard replied that that they were more like prompts on
things to be done rather than a progress chart. As projects are completed, their history goes into
the minutes. When project items are taken up, they go into the next agenda. There are not
detailed implementation plans for each project. Bill Grieder suggested that we annotate the list
with major actions.
Briefly, the Committee returned to the issue of encroachments. Lee Saperstein asked if there
were a single point of contact to reach the legal advisors on Island. Others suggested that
landscapers ought to be advised about liabilities if planting is done in the layout.
6. Adjourn.
Adjournment came by acclamation at 5:16 pm with the end of the agenda.
Next meeting: 4:00 p.m., Tuesday, January 2 2020.
Lee W. Saperstein, Secretary ` y Date Z Z d 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
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• 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?