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HomeMy WebLinkAboutRight-of-Way Minutes - February 16, 2010 (Draft)_201402041506567298 TOWN AND COUNTY OF NANTUCKET ROADS AND RIGHTS OF WAY COMMITTEE DRAFT MINUTES February 16, 2010 ♥ CALL TO ORDER Chairman Allen Reinhard called the monthly meeting to order just after 4:00 PM on Tuesday, February 16, in the Human Services office of the Town Building at 2 Fairgrounds Road. In addition to Mr. Reinhard, the following Committee members were present: D. Anne Atherton, Nat Lowell, Sylvie O’Donnell and Harvey Young. Also in attendance were Dr. Sarah Oktay and Leslie Johnson from the Harbor Plan Implementation Committee (HPIC). Members of the public included: Rick Atherton, Art Gasbarro, Chris Holland, Linda Holland, Joan Porter and Bert Ryder. APPROVAL OF MINUTES The DRAFT Minutes of the January 19 meeting were approved unanimously, with Mr. Young making the motion and Ms. Atherton seconding it. The Committee thanked Lee Saperstein for acting as Secretary Pro Tem for the January meeting, in Ms. Atherton’s absence. PUBLIC COMMENT Chairman Reinhard asked that the Committee entertain Public Comment at this point in the meeting, to accommodate the residents from Sconset who were present to discuss Articles 74 and 75, on the Warrant for upcoming Annual Town Meeting (ATM). This was agreed to. Linda Holland inquired as to the purpose of these two articles. It was explained that the purpose is to preserve public access to the Town-owned public footpath running along the Sconset Bluff from Baxter Road. The articles are permissive and would grant authority to the Board of Selectmen/County Commissioners to begin the takings process of a number of paper ways running west to east along Baxter Road, for the most part, to the Sconset Footpath, as well as the Town-owned beach beyond. Chris Holland stated that, according to legal opinion he has received, the “public path” is not public in certain areas. Mr. Reinhard responded that this is not so. Ms. Holland went on to say that the abuse of the use of the path has become “appalling,” particularly in the past five-to-six years and cited a number of examples, including loud and rowdy behavior, stealing vegetables, picnicking, riding bikes, etc. The suggestion was made that perhaps the ROW can work with the neighbors to help mitigate uncivil behavior. DRAFT ROW Committee Minutes, 2.16.10 2 HARBORS PLAN IMPLEMENTATION COMMITTEE (HPIC): DR. SARAH OKTAY TO DISCUSS ROW ISSUES AND CHAPTER 91 PUBLIC ACCESS LICENSE IMPLICATIONS OF THE RECENTLY ACCEPTED NANTUCKET AND MADAKET HARBORS PLAN HPIC Chairperson Sarah Oktay, along with HPIC member Leslie Johnson, whose responsibility on that group is to focus on public access, briefed the Committee on the recently updated Harbors Plan, certified by the Commonwealth in December. Of particular focus was the role of the ROW in assisting with the implementation of the Plan. [The complete Plan is posted at www.nantucketharborplan.com] As Dr. Oktay explained, we now have a State-approved Harbors Plan, and 40% of the 96 Action Items in it have been accomplished. Handouts were distributed that highlighted the four items specifically identified in the Plan as priorities (yellow and orange) that are within the oversight of the ROW. They are: 2007 RECOMMENDATION INDEX ESTIMATED TIME TO COMPLETE % DONE ESTABLISH HARBOR WALK  WITH PLANNING BOARD  RECORD CURENT ACCESS POINTS 95 96 ONGOING 10% IDENTIFY VIEWS AND VISUAL ACCESS POINTS 97 ONGOING 50% INVENTORY AND MAP POTENTAIL NEW PUBLIC-ACCESS POINTS. INFORMATION TO BE USED TO GUIDE FUTURE ACQUISITIONS. 90 ONGOING 80% IDENTIFY SCENIC VIEWS OF THE HARBOR LANDSCAPE AND WATERSCAPE TO GUIDE DECISION MAKING ON POTENTIAL IMPACTS TO VISUAL ACCESS 108 1 YEAR 30% The issue in regard to the Chapter 91 Licenses is “Who is responsible for enforcement?” What local governing body will, and is able to, assume this responsibility? Many license holders are not in compliance. DEP enforces Chapter 91, but the Department is woefully understaffed. We need to identify the access points that are important to us, gather the information and provide it to DEP. NOTE: Suggestion was made to label the streets on the maps handed out, so that they would be more easily identified. It was also pointed out that some of the maps are our local GIS ones, and others are MASS GIS maps. DRAFT ROW Committee Minutes, 2.16.10 3 Dr. Oktay and Ms. Johnson suggested that, in addition to the four matters above, the ROW could assist the Marine Department with some of their responsibilities identified in the Plan. Perhaps the Committee could help with the development and distribution of guides identifying public-access points. The Committee could also work to improve and design appropriate signage marking such points. ACTION ITEM  It was agreed that Dave Fronzuto, Marine Superintendent and Jeff Carlson, Beach Manager, would be invited to the next Committee meeting to further discuss these matters. PUBLIC WAY MONUMENT INSTALLATION PROJECT UPDATE. CONSIDERATION OF NEXT LOCATIONS FOR PUBLIC WAY MONUMENTS. FURTHER DISCUSSION OF IDEAS FOR THE PLACEMENT OF THE NEXT TWELVE PUBLIC WAY MONUMENTS. Since Mr. Saperstein was unable to attend the meeting, it was agreed to table further discussion of this matter until the March meeting. The focus at that session will be on generating the list for the next “dozen” markers. VEGETATION IMPROVEMENTS ALONG WASHINGTON STREET EXTENSION TO GOOSE POND LANE ROW. Mr. Reinhard reported that there had been a meeting a week ago with relevant Town and community members to discuss the condition of the area by the duck pond. Issues include: drainage; the bike path; culvert, etc. Many of these matters are interdependent. DPW has since cleared out the path, and there is a view of the Harbor “clear over” to Monomoy. Mr. Gasbarro asked about the status of an RFP for the bike path and other improvements. Mr. Reinhard explained that Mr. Burns, the Transportation Planner is handling this, and he, Mr. Reinhard, is unsure of the status and will find out from Mr. Burns and report back. OTHER BUSINESS Citizen Articles: Mr. Lowell called the Committee’s attention to the articles submitted by Mr. Tom David. He explained that these are sort of “Adopt-a-Bike-Path” in nature and would not result in giving the DWP further work to do. They would, rather, recruit volunteer citizen help in establishing criteria and developing protocols for pruning and cutting growth along public ways such as bike paths on the Polpis Road. Mr. Lowell asked that the Committee consider taking a position in support of these articles. Public Access Articles in Sconset: Ms. Atherton asked that Mr. Vorce be invited to attend the next ROW meeting to brief the Committee on these public-access articles, so that the members are informed and can answer questions about them, as well as be prepared to speak in support of them at Town Meeting, if necessary. The Committee agreed this would be helpful. Miscellaneous: Mr. Reinhard will email copies of a recent article to Committee members, as he believes it is of general interest to all. He also had prepared a Thank You letter to be sent to donors to the Women’s Monument Project at Founders Burial Ground and circulated copies for the members’ information. [See Attachment.] DRAFT ROW Committee Minutes, 2.16.10 4 ADOURNMENT Having reached the end of the agenda, the Chairman adjourned the meeting at 6:00 PM. The next regular monthly meeting of the Committee is scheduled for 4:00 PM on Tuesday, March 16, 2010 at 2 Fairgrounds Road. Respectfully submitted, D. Anne R. Atherton Secretary 2.27.10 ATTACHMENT: Sample Letter to Donors, Women’s Monument Project at Founders Burial Ground, from Mr. Reinhard on behalf of the Roads and Rights of Way Committee, dated January 31, 2010. ATTACHMENT: ROW MINUTES 2.26.10 January 31, 2010 Mr. & Mrs. _______________ Address City, State, Zip Dear Mr. & Mrs. ________________: At its December 9, 2009 meeting the Nantucket Board of Selectmen voted to gratefully accept your donation of $________ to the Town of Nantucket for the Women’s Monument Project at Founders Burial Ground. Your gift to the Town, as a municipal entity, is tax deductible to the extent of current law, and you have not received goods or services in exchange. On behalf of the Town of Nantucket, I would like to thank you for your very generous gift to fund this historic project. The formal unveiling and dedication of the monument was held on December 6, 2009, with over ninety people present, including descendants of many of the women recognized on the monument. Your donation helped make possible this long awaited recognition of the important role Nantucket’s wives, mothers and women in general have played in the island’s history. Thank you, Allen Reinhard, Chairman Nantucket Roads & Right of Way Committee