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HomeMy WebLinkAboutRight-of-Way Minutes - January 19, 2010 (Draft)_201402041507041986 TOWN AND COUNTY OF NANTUCKET ROADS AND RIGHTS OF WAY COMMITTEE DRAFT MINUTES January 19, 2010 CALL TO ORDER Chair Allen Reinhard called the monthly meeting to order at 3:59 pm on Tuesday, January 19, 2010, in the garage area of the Town Building at 2 Fairgrounds Road. In attendance were Chair Reinhard and the following Committee Members: Annie Bissinger-Poor, Nat Lowell, Sylvie O’Donnell, Lee Saperstein, John Stackpole, and Harvey Young. Additional members of the public in attendance were Rick Atherton, Art Gasbarro, and Bert Ryder. As part of the Call to Order, Chair Reinhard announced that Dr. Sarah Oktay was unable to attend and that her Agenda Item, Item 4, would be deferred to the next meeting. APPROVAL OF MINUTES The Draft Minutes for the meeting of November 17, 2009, were approved unanimously: moved by Mr. Stackpole, seconded by Mr. Saperstein. STATE ETHICS REFORM LAW One of the requirements in the new State Ethics Reform Law for public-service members is a demonstration of knowledge of the Law. This is achieved by taking and passing a computer-based test and submitting proof of passage to the Town Clerk. To date, Messers Lowell, Reinhard, Saperstein, Stackpole, and Young have done so. ACTION: Arrangements will be made by Chair Reinhard for Ms O’Donnell to take the exam on a guest computer. WOMEN’S MONUMENT PROJECT Chair Reinhard announced the successful completion of the Women’s Monument Project at the Founders Burial Ground. The inscribed, installed stone was dedicated on December 6, 2009, with a nice ground in attendance. Over $11,000 has been raised to pay for the monument. HARBOR PLAN IMPLEMENTATION COMMITTEE, HPIC Unfortunately, Dr. Oktay could not be present at today’s meeting but will reschedule for as soon as possible, most likely the meeting of Tuesday, February 16, 2010. Mr. Saperstein reminded Chair Reinhard that our committee’s strong interest is the position of Harbor access walks in the plan. It was mentioned that Chapter 91 Licenses for structures built on tide lands, i.e. marine wet lands, such as piers, are compiled in a Town data base. ACTION: Chair Reinhard will schedule Dr. Oktay for the next available meeting. PUBLIC WAY MONUMENT INSTALLATION PROJECT UPDATE Chair Reinhard reported that all but two of the monuments scheduled for 2009 have been installed. The locations at the end of Cathcart Road and at the Town-owned beach access in Madequecham Valley need to be re-sited and then those two can be installed. In anticipation of a second year of effort in this project, Chair Reinhard handed out another copy of Mr. Saperstein’s memorandum of November 14, 2008, that details a number of beach-access properties that could be candidates for a marker. This memorandum was included in the minutes of November 18, 2008. Ms Bissinger-Poor shared her amendment (November 17, 2008) of the Saperstein memorandum, in which properties that were Town owned, as opposed to the Land Bank, were identified and location maps appended. With this material in hand, Mr. Saperstein identified a number of properties that seem to be ready candidates for the next round of markers: • ‘K’ Street, Madaket • ‘Sconset Footpath access ways • Polpis Harbor Access • Squam Road beach access • Quidnet beach access • North Shore beach access around 40th Pole • Miacomet Road connection to the ocean • Tom Nevers access to the ocean at the park • Hulbert Avenue harbor access Mr. Lowell commented that we should select properties with real and constant use such as Surfside or the beach at the end of South Shore Road. Mr. Reinhard seconded the interest in Surfside. Mr. Gasbarro (guest) added North Pond Road to the list. Mr. Saperstein volunteered to assemble all the information available about these particular sites and put it into a separate list; this has been done and it is attached to these minutes. ACTION: Mr. Reinhard asked all to review the list with an eye to editing for accuracy and for making potential additions. The Committee will be asked to make final the list at its February meeting. Messers Reinhard and Stackpole indicated that the Land Bank maintenance crews will voluntarily mow and clear around Public Way markers that border their lands. Once the list has been finalized for the moment, we will schedule a visit to the locations to confirm on the ground what was seen in the Town’s GIS web site. It was concluded that the first round of visits should be done by Committee members. Subsequently, the Committee will need to approach the HDC to amend the first-year’s list to incorporate the second-year additions. At that time, all entities will be invited to visit the proposed sites. Ms O’Donnell asked about the newspaper report of the fence installed by a property owner in the Steps Beach path. The response from Mr. Reinhard and others was that this fence was gainfully on the land-owner’s property, that it was in the dunes area of the path and not in the right of way from Lincoln Circle to the wooden steps, that there were other routes over the dunes not affected by the fence, and that, therefore, this issue was not of concern. FOLLOW-UP PROGRESS a. BOULEVARDE TAKINGS AND LAYOUT PLANS. Chair Reinhard announced that there is interest among the members of the Surfside Association for initiating the design phase of the street layout in anticipation of a taking and eventual reconstruction of the Boulevarde and associated connection ways. The Surfside Association is contacting abutters in the hopes that they will voluntarily cede easements to the Town, thus reducing the burden of a taking. Although the Town has gained some capital funds from the sale of land, there are a number of project proposals competing for those funds. The Board of Selectmen has asked the Town’s Administration to prepare a list of priorities for the use of capital funds. It is hoped that by the time of the Annual Town Meeting the Town can have the State certify that the funds derived from the recent sale of properties are “free” cash capable of being used for capital projects. b. FIRST WAY/BACKUS LANE. As reported in the minutes of the November 17, 2009, meeting, the Town has received a proposal from Victor Brandon Paving for paving these streets plus a bicycle/pedestrian path for $250,000. Subsequently, the Town received a written proposal from Holdgate Partners to do the same work for $125,000. In both cases, the proposals are for a design/build project. In response to Mr. Saperstein’s question of whether or not the ROW Committee should offer an opinion on the priorities for the projects being discussed in this agenda item, Chair Reinhard indicated that the First Way/Backus Lane project was included in the FY 2012 proposed capital budget and could begin work in July of 2011. In the open section of the meeting (“Old, New and Other Business”), Mr. Gasbarro suggested strongly that the design portion of the project be decoupled from the build portion and be bid separately. c. BICYCLE AND PEDESTRIAN PATH ALONG OLD RAILWAY BED AT THE END OF WASHINGTON STREET EXTENSION. Funds for the reconstruction of this public way, which has been marked with “Public Way” signs, are available from the funds escrowed by Great Harbor Yacht Club as part of their permitting procedure. As such, this project could begin right away. Mr. Atherton commented that care would have to be taken at the point that this path exited onto Orange Street (at Goose Pond Lane) to prevent accidents between bicycles and vehicles. Mr. Young noted in general that the markers for the Town’s bicycle paths needed upkeep and additions. d. ACCESS TO ‘SCONSET FOOTPATH FROM BAXTER ROAD. The Director of the Town’s Planning Department, Mr. Andrew Vorce, has identified six abutters’ ways between Baxter Road and the ‘Sconset footpath. His office is preparing a Warrant for the April Annual Town Meeting that would take all six. Two would be identified as candidates for public ways and the remaining four would be sold back to the landowners in “yard” sales. We would assist in identifying the two retained for public use. OLD, NEW AND OTHER BUSINESS TO BE CONSIDERED a. A GREENWAY PROJECT. Chair Reinhard distributed an one-page set of notes on his concept for a Nantucket Greenway project, “A Plan for Development of a Nantucket Greenway.” He explained that a greenway is essentially a system of marked paths and trails connecting Nantucket’s conservation and public lands. The plan for greenways was developed in the “ROW Improvement Plan” that was endorsed by the Board of Selectmen/County Commissioners in June 2008. Connecting existing trails that cross conservation and private lands will require the consent of these property owners or grants of easement from them. Open permission to pass on existing trails along with appropriate marking of the trails are the goals of this project. The Greenway trails that are envisioned include the following. • North/south trail from Dionis Beach to the south shore crossing Ranger Road through the Trotts Hills. The route crosses Town-owned land with easements in place along with Land Bank and Nantucket Conservation Foundation properties. Trails already exist on this route except for the link between the beach and Ranger Road. • A second north/south trail from the U. Mass Field Station (NCF) through Eilert (Land Bank) to NCF Middle Moors properties and then onto the south shore. • An east/west trail from Madaket to Hoick’s Hollow. • Much of the core system of trails is already in place: Land Bank trails from Holdgate to Middle Moors; NCF Middle Moors trails. b. COUNTY ROAD-TAKINGS PROJECT. A long-term project for the ROW Committee is to assist the County in taking all remaining proprietors’ roads and ways and the interests that the public might have in any paper or private roads. This network would become the heart of the Greenway Project: a system of walking paths connecting ponds, beaches, moorland, swamps, and plains throughout Nantucket County. As a first step, the ROW recommends the creation of a dedicated team comprised of legal experts, local historians, land researchers, and other knowledgeable of these ancient ways. Chair Reinhard indicated that he was in the process of meeting with the Executive Directors of the Land Bank, Eric Savetsky, and the Conservation Foundation, Jim Lentowski, along with the Town’s GIS Manager, Nathan Porter in the hopes of generating ready and swift approval of the concept. Ms Bissinger-Poor asked if we should incorporate Mass Audubon in the discussions; Chair Reinhard suggested only if we find a greenway that will cross their land. Ms Bissinger-Poor went on to say that we should define the characteristics of the team members for this advisory committee in future ROW meeting. ADJOURNMENT With completion of the agenda and with no further business before it, the Committee adjourned at 5:21 pm. The next meeting of the Committee will be at 4:00 pm on Tuesday, February 16, 2010. [Lee Saperstein, Secretary Pro Tem] MARKING PUBLIC WAYS, YEAR 2 Working (draft) List of Publicly Owned (T.O.N.) Ways Deserving of Markers Generic Description Map Parcel Comments ‘K’ Street, Madaket 32 59.4 999 87 ‘K’ Street is town owned but is only a footpath from Tennessee Avenue to the Harbor. Parcel 59.4 87 on Madaket Harbor is County owned. ‘Sconset Footpath Access between Baxter Road and the Footpath. 49, 73 Various The Town’s Planning Department, Andrew Vorce, Director, is preparing a Warrant Article for the 2010 Annual Town Meeting to take six abutters’ ways (Bayberry Lane, Ann’s Lane, Emily Street, Rosaly Lane, Nosegay Lane et al.), identify two for public access to the ‘Sconset Bluff footpath, and sell the remaining four back to the abutters by means of “Yard” sales. The two resulting public ways should be marked. Polpis Harbor Access at 18 Wauwinet Road. 20 14, 16 A Town-owned way to Polpis Harbor; Access to Nantucket Community Sailing boats. Polpis Harbor Road between 290 and 294 Polpis Road is not well marked. Squam Road beach access; opposite 50 Squam Road 13 019 Town-owned access to the beach; may have been acquired for emergency beach access; no dedicated parking lot on Squam Road. Quidnet: access to beach and Land Bank Property along Salti Way (unimproved way parallel to Quidnet Road) 21 10, 63, 64 The way comes onto the beach between parcels 21 10 and 21 63,64. The marker could go at several points but the end of Quidnet Road where it meets “unknown” (Town GIS) way or the intersection of “unknown” way with Salti Way are two possibilities. Access to North Shore beaches: 40th Pole, North Pond Road, between 151 and 159 Eel Point Road. 151 is Land Bank; North Pond Road appears to be Town although the narrow mapped way is 33 6, 7, 8, 10 The four parcels are owned by the Land Bank; 33 6 covers a narrow footpath within the boundaries of North Pond Road. This is presumed to be the access to 40th Pole Beach and is a higher priority for a marker than some of the other abutters’ ways that connect Eel Point Road to the beach. Is a road sign a better choice shown as Land Bank. Dionis Beach Road is already marked. than a “Public Way” marker? Hulbert Avenue: abutters’ ways to the Harbor 29 Various Between Bathing Beach Road (Jetties Beach) and Brant Point, only Charles Street is a Public Way and it is already marked. Brant Point, while open to the public, is Coast Guard (Federal) land. The many abutters’ ways, such as the extensions of Johnson, James, Henry, and Willard Streets and the other unnamed ways, that have been used for years by Nantucketers are private land. It is suggested that the ROW Committee maintain a watching brief on these ways in case easements can be created and donated to the Town. Surfside, Uncatena Street 87 48 87 48 is Town-owned land on the water east of the main Surfside Beach and should be marked. 87-40 at 45 Nonantum Avenue and 88 48 at Clifford Street are Land Bank properties. Surfside, Western Avenue at the southerly extension of Auriga Street 87 Between 76 and 77 The 2007 Aerial Photograph suggests that this is a well-used way deserving of being marked. South Shore Road and Hillside Avenue 87 2, 36, 85, 86, 90, et al. East of the Town’s DPW site, the Sewage Plant, and the sewer beds are a number of Town-owned properties that surround Hillside Avenue. A Public Way marker could go at the intersection of Hillside Avenue and South Shore Road. Miacomet Road, at the ocean 86 15 The Town owns land along the southeastern edge of Miacomet Pond to the ocean. This is a good place for a marker. 130 Tom Nevers Road: Town-owned park 91 109 The Town-owned park has an access road to the beach but it is un-marked. A Public Way marker would go nicely at the edge of the parking lot or entrance road.