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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