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HomeMy WebLinkAboutRight-of-Way Minutes - April 20, 2010 (Draft)_201402041506173545 TOWN AND COUNTY OF NANTUCKET ROADS AND RIGHTS OF WAY COMMITTEE DRAFT MINUTES April 20, 2010 CALL TO ORDER Chairman Allen Reinhard called the monthly meeting to order just at 4:05 PM on Tuesday, April 20, in the Conference Room of the Town Building at 2 Fairgrounds Road. In addition to Mr. Reinhard, the following Committee members were present: D. Anne Atherton, Sylvie O’Donnell and Lee Saperstein. Also in attendance were Brian Chadwick, Jeri Hicks, Joan Porter, Bert Ryder and Robert Westbrook. APPROVAL OF MINUTES The DRAFT Minutes of March 16 and the special meeting held on March 23 were approved unanimously, with Mr. Saperstein making the motion and Ms. O’Donnell seconding it. ANNOUNCEMENT Chairman Reinhard announced that the Commonwealth has recently adopted new ethics and open-meeting guidelines and requirements. Committee members are reminded to take the ethics test online at http://db.state.ma.us/ethics/quiz_MEthics/index.asp In addition, there will be a seminars on the Open Meeting Law on April 22 and 23 conducted by Town Counsel Paul DeRensis. Mr. David Giannotti, Chief of the Public Education and Communications Division of the State Ethics Commission will be leading two-hour Conflict of Interest Seminars on Monday, May 17. Mr. Reinhard distributed memoranda received from Executive Assistant to the Town Manager, Erika Mooney to all of the Committee members with further details about these workshops. It was stressed that “All board/committee/commission members are expected to attend” both of these sessions. Ms. Atherton said that she had received a very professional letter from the Town informing her that her three-year term on the ROW Committee will expire this year and asking her to indicate her interest in being re-appointed. The communication included an application form. Ms. Atherton expressed appreciation for the courteous and helpful way in which the Town was handling such matters relating to its various committees. SCONSET FOOTPATH ACCESS SUBCOMMITTEE UPDATE Ms. Atherton reported that she and Subcommittee Co Chair, Harvey Young, had had an informal walkabout along the Sconset Footpath and Baxter Road and accompanying them had DRAFT ROW Committee Minutes, 4.20.10 2 been Bob Felch from the Sconset Trust, Rob Benchley of the Sconset Civic Association and Joan Porter, an abutter on the footpath. Composition of the Subcommittee: Ms. Atherton was pleased to announce that Mr. Bert Ryder has agreed to serve on the Subcommittee as an At-Large member, as has Ms. Jeromette (Jeri) Hicks. One additional at-large member is needed, and it was suggested that Mr. Frank Holdgate be invited to serve in this capacity. Ms. Atherton and Mr. Young have asked Messers Felch and Benchley, as representatives from the two Sconset area organizations cited above, to recommend an abutter of the footpath to serve on the Subcommittee. Ms. Joan Porter indicated that she would like to be recommended for this seat. Ms. Atherton answered a number of questions from the members of the public in attendance, Mr. Robert Westbrook and Ms. Joan Porter, about the anticipated work of the Subcommittee. She emphasized that the Subcommittee is advisory to the Roads and Rights of Way Committee and that the Roads and Rights of Way Committee, in turn, is advisory to the Board of Selectmen/County Commissioners, who will be the decision-makers in any matters regarding the Bluff Walk. MOTION  Mr. Saperstein moved that the composition of the Subcommittee be adopted as follows with the understanding that it will be open to amendment and addition: SCONSET BLUFF WALK PUBLIC ACCESS SUBCOMMITTEE D. Anne Atherton, Co Chair Roads and Rights of Way Committee Harvey Young, Co Chair Roads and Rights of Way Committee Bob Felch Sconset Trust Rob Benchley Sconset Civic Association TBD Bluff Walk Abutter Bert Ryder At-Large Jeri Hicks At-Large TBD At-Large TBD Conservation Commission Liaison The motion was seconded by Ms. O’Donnell and adopted unanimously. PUBLIC WAY MONUMENT INSTALLATION PROJECT UPDATE: CONSIDERTAION OF NEXT LOCATIONS FOR PUBLIC WAY MONUMENTS Mr. Saperstein reported that further progress has been stalled due to lack of funds. ACTION ITEM  Chairman Reinhard will follow through on the possible availability of funds from the TON or the County. Great Harbor Yacht Club (GHYC): There are easements on the GHYC property that provide a public way from Union Street through to Beach at Francis Street. Currently there are two signs that indicate “Public Way”. However, there are several turns, and it is somewhat complicated. Andrew Vorce, Planning Director will produce a map indicating the location of the public pathway. Perhaps some inlaid granite markers would be helpful. ACTION ITEM  Mr. Reinhard will approach the GHYC principals and Mr. Vorce to see if this can be accomplished. DRAFT ROW Committee Minutes, 4.20.10 3 MILLER LANE UPDATE: TRANSFER TO LAND BANK DENIED AT ATM The action of ATM holds everything up for a year, as the property cannot be transferred to the Land Bank. The owner of the property will have another chance to come before the BOS to request the use of public property for private access to her property, through the Miler Lane layout. This layout has been designated, through a lengthy, multi-year process, to be a pedestrian footpath. CHAPTER 91 FOLLOW UP WORK WITH THE HARBORS PLAN IMPLEMENTATION COMMITTEE (HPIC) Ms. O’Donnell and Mr. Saperstein are waiting to hear from Dr. Sarah Oktay and Ms. Leslie Johnson of the HPIC as to the next step. Ms. O’Donnell raised a question about an area on H Street in Madaket that in her opinion “does not seem to be in compliance” with Chapter 91. There was some question about who owns the property: Mr. Reinhard does not believe that the Land Bank does. ACTION ITEM  Mr. Reinhard and Ms. O’Donnell will check the site, and Mr. Reinhard will raise the matter with the Land Bank. OTHER BUSINESS Article 68 (Fertilizer) Work Group: Mr. Saperstein asked the Committee’s views on the advisability of his applying for a seat on the committee, to be appointed shortly by the BOS by way of follow-up to ATM. The response was supportive. ROW Committee Composition: Mr. Reinhard reminded the Committee that he had “given up” his appointed position on the Committee in order for two new members, Ms. Bissinger and Mr. Saperstein, to officially join the group. His ROW involvement has been as the representative from the Board of Selectmen, and, as such, terminates with his service on that body. It is hoped that the Board will take this situation into consideration and make any modifications necessary to ensure that Mr. Reinhard can continue his work with the Committee. ADOURNMENT Having reached the end of the agenda, the Chairman adjourned the meeting at 5:50 PM. The next regular monthly meeting of the Committee is scheduled for 4:00 PM on Tuesday, May 18, 2010 at 2 Fairgrounds Road. Respectfully submitted, D. Anne R. Atherton Secretary 5.9.10/Mother’s Day 