HomeMy WebLinkAboutRight-of-Way Minutes - June 21, 2011 (Draft)_201402041507153393
TOWN AND COUNTY OF NANTUCKET ROADS AND RIGHT OF WAY COMMITTEE
DRAFT MINUTES
June 21, 2011
CALL TO ORDER
Chairman Allen Reinhard called the monthly meeting to order at 4:05 PM on Tuesday,
June 21 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, Nat Lowell, Lee
Saperstein, and Harvey Young. Also in attendance were Jeff Carlson, Beach Manager, Carl
England, member of the Airport Commission, Bert Ryder and Andrew Vorce, Director of
Planning.
APPROVAL OF MINUTES
The motion to approve the draft Minutes of May 17 was made by acclamation. Chairman
Reinhard noted that a quorum of the Committee was present
UPDATE: SURFSIDE ROAD TAKINGS
Mr. Vorce reviewed the lengthy list of roads to be taken in the Surfside area, consistent with the
Surfside Area Plan. The Planning Office is in the process of determining that these roads are
“surplus” and is seeking the Committee’s concurrence that this is, indeed, the case. Specifically,
the Committee was asked to determine if any of the roads should be retained for public-access
purposes. The takings have been reviewed numerable times by neighbors and any interested
parties. The parcels deemed “surplus” will go into the Yard Sale.
MOTION After reviewing the various parcels, the Committee entertained a motion made by
Mr. Young and seconded by Mr. Lowell as follows: The Committee strongly supports the
Planning Office recommendation to the BOS to identify all of the parcels/paper roads listed as
“surplus” with the exception of Parcel M on Adams Street and Parcels O, N and P on Pocomo
Avenue and Jackson where ownership should be retained and property retained and reserved
for pedestrian access. Following discussion, the motion was adopted unanimously. [NOTE:
Further information pertaining to these parcels area is available on the TON website in the BOS
Agenda Packet for July 6, pp. 9 - 13 at http://www.nantucket-
ma.gov/Pages/NantucketMA_BOSAgendas/.
UPDATE: TAKING OF THE BOULEVARDE
Mr. Vorce discussed the next steps with the Committee following the recent ballot vote when
the voters did NOT approve the use of previously appropriated funds for the takings process of
the Boulevarde and related access roads. The first step will be to secure the right of way down
to Okorwaw and review “ghost” paper streets, as the work of assembling legal rights of way
DRAFT ROW Committee Minutes, 6.21.11 2
continues. At some point, in order to move forward, the Town will have to look to the capital
budget or consider the use of proceeds from sales of surplus lots to fund this project. There has
been discussion about the legality of putting funds from the sale of such Town assets into a
segregated account. Mr. Reinhard mentioned that the Airport Commission might come up with
some money for the initial legal and engineering work. Perhaps this overall project could be
completed in phases.
Role of the Airport Commission: Mr. England, as a committee of one from the Airport
Commission, addressed the group, explaining that the Commission wanted to cooperate to
resolve any issues where the airport is an abutter. He specifically referenced the 15-foot strip of
land that, apparently, is keeping the airport from being an abutter to Monohansset Road, one of
the roads included in the Surfside/Boulevarde takings project. If the airport were an abutter,
this would be a rationale for the airport to contribute to the funding of the Boulevarde project.
Mr. England said that the Commission wanted to do whatever it could to assist with this
project. Chairman Reinhard noted that this is a “positive direction” the Airport Commission is
taking and thanked Mr. England.
Taking of Baxter Road lateral ways to the Sconset Foot-Path: In response to a question from
Ms. Atherton, Mr. Vorce said that the next step is getting the plans done. [NOTE: The BOS
accepted the recommendation from the R&ROW Committee in November, 2010 that five ways,
approved by Town Meeting for taking, comprise the first phase of the project. In addition,
ATM2011 approved taking Anne’s (Ann’s) Way Lane.] Mr. Vorce explained that the bid for
plans had to be issued, and that there is CPC money for this. He also said that he is waiting to
hear from the BOS member designated to work with him on this project, Selectman Atherton.
STATUS UPDATE AND DISCUSSION: EMERGENCY ACCESS TO PONDS AND CHAPTER
91 RIGHT-OF-WAY MATTERS
Mr. Jeff Carlson, Beach Manager, provided the Committee with information in regard to
matters that had recently been raised in Committee discussions: emergency access to ponds;
and Chapter 91 right-of-way issues.
Emergency access to the ponds: This is a program that Sheila Lucy has been working on, that is
to identify public-access points to every “large” pond on-island in the case of an emergency.
How to get there “properly”? In most cases, there are public access points. However, in some
cases there is not: Capaum Pond is tricky, as there is no “real” public access. The Conservation
Foundation owns land around Capaum Pond. Overall, Mr. Carlson said that some of the access
concerns could be improved, but they were able to address them internally. Emergency drill
requiring access to the ponds is practiced “a couple of times” every year.
Beach access emergency points around the island: Some are on public property, some on
private, some have been moved. It is Mr. Carlson’s intention to do some work to make sure that
these are coordinated better. Mr. Carlson’s office has provided a list of access points to the
Committee through Mr. Saperstein. The problem is that people often use the “emergency access
points” as public access ways, but they are NOT public. A designation of an “Emergency
Location” number does NOT mean public access. This program very well intentioned, just
needs to be tweaked. Mr. Carlson explained that the list is not published so that attention is not
drawn to it.
Chapter 91: These licenses, issued by the State, relate, for the most part, to properties located on
the harbor, which keeps it fairly simple. As part of the Harbor Plan implementation process, a
comprehensive list of Chapter 91 licenses and their specific provisions has been compiled. The
DRAFT ROW Committee Minutes, 6.21.11 3
public-access component has been broken out. The list has been updated up to March 1. Slowly,
the Town is making sure the pubic-access parts are complied with. Enforcement is a State
matter. One of the chronic problem areas is the public way in front of White Elephant. Mr.
Carlson said that there are definitely some access points that are not opened, but should be.
ACTION Secure an updated list (Excel) of Chapter 91 license from Mr. Carlson.
In looking to the future in regard to harbor access points, Mr. Saperstein cited Spruce and East
Creek Road and the viewing platforms to provide more access.
When asked how the Committee can help, Mr. Carlson responded that water quality is the first
priority, followed by the development of principles for a Coastal Management Plan and a
database of all Chapter 91 licenses, thus increasing transparency.
PHASE II, PUBLIC WAY MONUMENT: The final installation of the markers for Phase II is
scheduled for Friday, June 24. Messers Reinhard and Saperstein will coordinate this with Joe
Marcklinger and Dave Visco, who will use his equipment to install the monuments. Once this is
completed, the Committee can provide DPW with information about the location of all granite
markers installed in both Phase I and Phase II for maintenance purposes. TO DO Ms.
Atherton and Mr. Saperstein to complete charts for both Phases, plus earlier historical
monuments, with photos.
ADDITIONAL MATTERS
Sconset Foot-Path: The Committee will report to the BOS on July 6 in regard to progress made.
BOS Committee Appointments: Both Messers Lowell and Saperstein are seeking re-
appointment to the R&ROW Committee. There is also one additional seat open. Appointments
will be made by the BOS at the July 6 meeting.
First Way: Mr. Reinhard spoke with Mr. Vorce about his matter. A dirt path could be installed
without a lot of expense. Mr. Vorce is looking at some potential alternatives for stopgap
measures.
ADJOURNMENT
Having reached the end of the agenda, the Chairman adjourned the meeting at 5:59 PM. The
next regular monthly meeting of the Committee is scheduled for 4:00 PM on Tuesday, July 19 at
2 Fairgrounds Road.
Respectfully submitted,
D. Anne R. Atherton
Secretary
7.16.11