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HomeMy WebLinkAboutRight-of-Way Minutes - August 17, 2010 (Draft)_201402041506429484 TOWN AND COUNTY OF NANTUCKET ROADS AND RIGHTS OF WAY COMMITTEE DRAFT MINUTES August 17, 2010 CALL TO ORDER Chairman Allen Reinhard called the monthly meeting to order at 4:00 PM on Tuesday, August 17 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, Annie Bissinger, Nat Lowell, Sylvie O’Donnell, Lee Saperstein, and Harvey Young, as well as BOS Liaison Brian Chadwick, Planning Director Andrew Vorce and Land Bank Executive Director Eric Savetsky. Members of the Sconset Bluff Public Access Subcommittee present included Rob Benchley, Bob Felch, Jeri Hicks, Frank Holdgate and Joan Porter. Members of the public in attendance were Carol Dunton and Linda Holland. APPROVAL OF MINUTES The DRAFT Minutes of July 20 were unanimously approved, with Mr. Saperstein making the motion and Mr. Young seconding it. SCONSET BLUFF WALK PUBIC ACCESS SUBCOMMITTEE UPDATE Because the meeting schedule of the Subcommittee (second and fourth Tuesdays of the month) directly conflicts with that of the Land Bank, the Subcommittee requested that it meet jointly with the R&ROW Committee to discuss two matters that involved Land Bank personnel. A Management Plan for the Bluff Walk: The members of the Subcommittee invited Eric Savetsky to share with them any thoughts about what he thinks might be included in a Management Plan for the Bluff Walk, based on the experience gained by the years of management of Land Bank properties that are used by the public. Eric’s suggestions included: · the most important thing is to communicate to the public that the area is being actively managed and there is responsiveness to concerns · set rules, such as sunrise to sunset, etc. · consider an “etiquette” sign asking walkers to respect the privacy of the Bluff Walk property owners and to be courteous; this is the “Nantucket Way” · confusion at northern terminus of Walk: where do I go next? perhaps signage is needed here; having a “loop” is nice; walk north on the Bluff Walk, loop around on Baxter Road DRAFT ROW Committee Minutes, 8.17.10 2 · organize pre- and post-season meetings of abutters to hear concerns? · Land Bank has neither pamphlets, nor turnstiles; the Bluff Walk is a unique situation · commercial uses on Land Bank property are becoming more of a problem also; they are seeing more and more of this · littering is the biggest challenge, parties, etc.; the cleaner it is kept, the less likely it is that litter will accumulate; LB tries to clean up any litter early in the day A Pocket Park in Sconset: The idea of using the Town-owned land in the center of Sconset for a pocket park, a concept which was brought to the Subcommittee by R&ROW Chairman Allen Reinhard, who also serves as a Land Bank Commissioner, was discussed. One idea was that, in addition to being a “good” use of public land, such a pocket park might serve an ancillary purpose related to the Bluff Walk (a spot for bike racks, etc.). Ms. Holland reiterated again that Town Meeting has voted a number of times (3?) to maintain the property as a parking lot, with trees and no asphalt, as off-street parking in the old historic district of Sconset is sorely needed. She suggested that Nosegay might be a better location for bikes racks. Mr. Lowell requested that the record show that he agreed with Ms. Holland. (Duly noted.) Both Mr. Chadwick and Mr. Vorce commented that they would be reluctant to re-visit this issue, in light of previous votes of Town Meeting. This appeared to be the consensus of the group at this time. Formal Recommendation from the Subcommittee to the R&ROW Committee: MOTION  Ms. Atherton moved that the R&ROW Committee accept the recommendation of the Subcommittee that the R&ROW Committee, in turn, recommend to the Board of Selectmen that the Town proceed with the takings process in regard to all of the ways contained in Article #74 at ATM2010. Mr. Young seconded the motion, and a brief discussion ensued. Ms. Atherton and Mr. Young explained that the Subcommittee, after lengthy and thoughtful deliberation, has unanimously voted to make this recommendation to the R&ROW Committee at this time. The Subcommittee believes that, for a number of reasons, all of the ways in question should be treated the same and that negotiating a pedestrian easement on each of them would be the optimum situation in terms of ensuring public access to the Bluff Walk for the future. The Subcommittee recommends taking this action now so that the surveying phase of the takings process can be initiated. There are Community Preservation Committee (CPC) funds available for this purpose. Mr. Saperstein clarified that the presumption is that a positive vote on the motion will trigger a communication to the Planning Director who will move forward with the process. ACTION  The motion was adopted unanimously. During the course of the discussion Ms. Bissinger-Poor expressed her concern that any consideration of the staircases from the Bluff Walk to the beach was outside of the charge to the Subcommittee. Ms. Atherton thanked Ms. Bissinger-Poor for her thought and explained that the purpose of the Subcommittee in this regard is to only gather information. The Subcommittee believes that this is an opportune time to collect information at to what staircases are properly permitted by the Conservation Commission; what conditions, if any, were imposed as a condition of permitting; and when such permits expire. In addition, the Subcommittee will be gathering information as to whether or not any of the staircases that have been constructed on Town-owned property have been licensed by the Town. However, the role of the Subcommittee is advisory in nature, and NO action can—nor would—be taken by the group. DRAFT ROW Committee Minutes, 8.17.10 3 Easement at 67 Baxter Road: A question was raised if this easement has been finalized. Mr. Atherton will remind Mr. Vorce to double-check on this. LOCATION OF PUBLIC WAY MARKERS Phase I: Mr. Saperstein has composed a letter to the BOS to inform them of the completion of Phase I of this project and to thank the individuals who have assisted the R&ROW in getting this done. The letter will also reiterate the intention of the Committee to create a precise location-chart of the markers, so that there is a permanent record of their installation and various locations. Phase II: Additional questions were raised about some of the locations discussed for the second phase of the project. These are noted, as follows [light green highlighting]: LOCATION COMMENTS K Street in Madaket; by Beverly Hall’s YES Sconset Foot Path ON HOLD – subject to the recommendations of the Subcommittee Polpis Harbor Access (where NCS keeps their boats) YES - two slivers of land that are Town-owned; 20 14 and 20 16 (rectangle); Mr. Saperstein will review deed (available online across from Dr. Voorhees’ property/NISDA/Sexton Farm); NOTE: there are 10 pages of restrictions, including the establishment of a Management Committee: QUESTION TBD: Does this affect our ability to install a monument here? Squam Road YES Quidnet YES, BUT FURTHER RESEARCH NEEDED – Quidnet: straight down Quidnet Road; there are three public ways; one is directly off of Sesachacha Road; no place to go; LB owns property at end of Sesachacha, also Mass Audubon; another one near Dick Denby’s house; private abutters way; ACTION  check (Crosby’s Lane) North Shore – 40th Pole NO. Land belongs to Land Bank who should be responsible for signage. Dionis Beach YES but only when the new path is complete; Town (per Andrew Vorce) is proposing a new walkway to Dionis that should be marked; the existing way already has a traditional County Road Bound marker Hulbert Avenue DEFER until Sconset is finished; status of Charles Street; is public and marked; the others (Willard, Henry, and Johnston?) are all private abutters ways; some deeded rights; bulkheads; check with Carl Sjolund re Chapter 91 Licenses; NOTE: Brant Point Association in process of developing an Area Plan; there is interest in providing public access in these areas, with Sconset cited as an example DRAFT ROW Committee Minutes, 8.17.10 4 LOCATION COMMENTS Surfside YES (2) – Woodbine and Pequot now complete; Mr. Voce: could put markers there; Pequot cleverly disguised as driveway; now have 2 at Surfside, could have more: one at Fishermen’s; Town owns additional land contiguous to parking lot; COMMENT: Mr. Reinhard said that the Surfside Association would like to erect a monument here and will underwrite the cost; they will be communicating with the Town about making such a gift Western Avenue YES at Auriga, also called School Street South Shore Road and Hillside Avenue YES; sewer plant; well-used way to beach; perfect for a marker Miacomet Road at ocean YES; on east side of pond; parcel 86 15 is Town land Tom Nevers Road (130) YES – just before Land Bank property; west side of Tom Nevers; goes down to the beach on LB property; ACTION  Mr. Stackpole will do further research West end of Westchester ON HOLD – Mr. Stackpole suggested placing marker in this location; there is not one out on Wannacomet; Mr. Reinhard suggested that perhaps this should be re-thought; Mr. Saperstein pointed out there is a similar situation at Crooked Lane Hinckley Lane NO – Mr. Holdgate asked about Hinckley Lane; Mr. Reinhard said this is a private, abutters way; the Town would be reluctant to do a taking because of the maintenance costs Folger/Morgan Square NO – a question was raised about the status; Mr. Vorce replied that this is all private Berkeley, at end of Monomoy YES – Mr. Young suggested that this would be a good spot to mark; apparently the Town has an easement here with the condition that there be no parking; Mr. Voce commented that the easement now connects to the pubic road; the taking plan for Monomoy is on record; we need copy of the easement COMMENTS: Andrew said that the taking of Monomoy Road went down to the head of that road; does this connect to Butsy Lovelace’s easement? Annie: another easement there up further; parking area at Berkeley; Andrew: portion is an encroachment on private property, not all taken, but some was; ACTION Annie will look at Monomoy taking Thurston’s Way YES – Mr. Vorce suggested adding this one, at the end of Thurston’s Way [ DRAFT ROW Committee Minutes, 8.17.10 5 NOTE  FOLLOW-UP TO DO’S Mr. Saperstein et al: Next step/s will be to physically get out and check the exact locations. Mr. Saperstein et al: Prepare a letter to the BOS re Phase II locations and initiate communications with the HDC. Ms. Atherton: Pull out list as a separate document. [See Attachment to these Minutes} Mr. Vorce: Prepare a letter re vendor for the monuments. OTHER BUSINESS Supreme Judicial Court Ruling On Public Access Over Filled Tidelands. Mr. Vorce informed the Committee about the recent ruling by the Supreme Judicial High Court that found that rights inherent in Chapter 91 and in State tidelands survive the Land Court process. In effect, this means that there is NO grandfathering of exemptions, expirations, or waivers when it comes to Chapter 91. This decision appears as though it can have significant impact in terms of maintenance of public access along Nantucket’s shores, especially downtown, along the Harbor and in Madaket. Update on Surfside Road Takings: Voluntary Easements. Mr. Vorce reported that 34 of 68 voluntary easements needed have been “secured.” This is a strong “demonstration of support” from immediate abutters. Update on Surfside Easements. Mr. Vorce also reported that the Town is just on the verge of “settling” out the western Surfside properties. There are positives here for everyone: Three of the “Surfside Six” are also expected to be settled next week. There is a tremendous interest in the area for removing these paper streets. There will be another round of takings at the end of September, followed by reserve easements. Mr. Vorce believes that will be another article at the next Town Meeting including properties that were not in the initial group. Hopefully this project will be “wrapped up” very soon. It was begun in 2003. NEW BUSINESS Harbor Walk: Ms. Atherton noted that the deadline for filing applications to the CPC is approaching and asked Mr. Vorce if the Town would consider seeking funding to begin work on a Harbor Walk. Mr. Vorce responded that he was recommending a request of $100,000 again this year for public-access projects, of which a Harbor Walk could definitely be one. ADJOURNMENT Having reached the end of the agenda, the Chairman adjourned the meeting at 5:55 PM. The next regular monthly meeting of the Committee is scheduled for 4:00 PM on Tuesday, September 21, 2010 at 2 Fairgrounds Road.15.10 Respectfully submitted, D. Anne R. Atherton Secretary 9.6.10 ATTACHMENT: Listing of Locations of Public Way Monuments for Phase II of the Project, as of August 17, 2010. ATTACHMENT PUBLIC WAY MONUMENT PROJECT: PHASE II POSSIBLE LOCATION OF MARKERS AS OF AUGUST 17, 2010 1. K Street in Madaket 2. Polpis 3. Squam Road 4. Quidnet 5. Surfside – Woodbine 6. Surfside – Pequot 7. Surfside – Fishermen’s 8. Western Avenue at Auriga 9. South Shore Road at Hillside 10. Miacomet – East Side 11. End of Berkeley 12. End of Thurston’s Way