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.