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HomeMy WebLinkAboutRight-of-Way Minutes - May 17, 2011 (Draft)_201402041507215424 TOWN AND COUNTY OF NANTUCKET ROADS AND RIGHT OF WAY COMMITTEE DRAFT MINUTES May 17, 2011 CALL TO ORDER Chairman Allen Reinhard called the monthly meeting to order at 4:00 PM on Tuesday, May 17 in the garage area 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, Lee Saperstein, John Stackpole and Harvey Young. Also in attendance was Bert Ryder. APPROVAL OF MINUTES The motion to approve the Minutes of April 19 was made by Mr. Stackpole and seconded by Mr. Lowell. Mr. Reinhard pointed out two changes in the DRAFT Minutes: first, under agenda item #3, the discussion of Article 35 should state that UP TO thirty percent of betterment costs MAY BE assessed to abutters; and second, agenda item #4, the Minutes should record that Mr. Young and Mr. Reinhard met with the Town Manager. The Minutes, taken by Mr. Saperstein as Secretary Pro Tem were approved as amended. Ms. Atherton thanked Mr. Saperstein for once again serving in this role due to her absence. UPDATE: SURFSIDE AREA ROAD TAKINGS Mr. Reinhard briefly updated the Committee in regard to the ballot override scheduled for June 14. There will be three items: shifting some of the capital costs of the Surfside and Sconset treatment plant upgrades to the tax base (General Fund); funding for mosquito control in the amount of $100,000; and approval to use funds appropriated in 2004 to perform repairs on Boulevarde. If the last matter passes, those funds would be used for Phase I of the Boulevarde takings, prior to actual construction. It was pointed out that the taking of the Boulevarde and adjacent roads was the top recommendation of the Surfside Area Work Group. Attempts have been made in the past to take these roads, but 50% of the abutters did not agree to pay for the betterments necessary. SCONSET FOOT PATH MANAGEMENT PLAN: SIGNAGE AND SURVEY OF WAYS. Mr. Reinhard and Mr. Young met with the Town Manager and Mr. Nabulsi, the acting head of DPW, to discuss the Management Plan for the Foot-path. They reviewed the requirements for the Town contained in the Plan: enforcement, regulations, signage, etc. While the Town can fabricate the signs, we would like the Sconset Civic Association to coordinate this effort. TO DO  Mr. Young and Ms. Atherton will follow up with Ms. Marianne Felch, President of the Sconset Civic Association, re signage. It was noted that HDC approval must be obtained. One option for signage might be a granite “plaque” installed in the ground, almost flush with DRAFT ROW Committee Minutes, 5.17.11 2 the existing surface. Mr. Saperstein pointed out that the best way to proceed would be to develop one design package for review by the Sign Advisory Committee, an advisory group to the HDC. In regard to the takings, Mr. Vorce will be appearing before the BOS for approval to move this process along. Mr. Vorce will review the takings recommendations adopted by the BOS (five ways in first phase). Ms. Atherton reported that she and Mr. Young had received an inquiry in regard to one of the ways from Ms. Carolyn Durand, an associate with Lee Real Estate. The communication and response from Ms. Atherton is attached to these Minutes. [See ATTACHMENT I.] Mr. Reinhard complimented Mr. Nabulsi on the condition of the Path, noting that the recommendation of the Subcommittee was that the path be at least four-feet wide throughout its length and that this width be maintained by the Town. PHASE TWO: PUBLIC WAY MONUMENT INSTALLATION Mr. Reinhard has spoken with Mr. Marcklinger about doing a walkabout for Phase Two of this project. They want to put stakes in the ground, to assure correct placement for the installation of the monuments. Mr. Reinhard will coordinate this task with Mr. Saperstein. It is hoped that the installation will be accomplished before June. It was pointed out to Mr. Reinhard that the way across from the Summer House is a public way and could be added to the list for Phase II. Mr. Snooky Eldridge will make a list of additional locations, as he remembers them, including the foot bridge which is Town property, for Phase Three. TO DO Millbrook Road location: Mr. Reinhard will take photos of this site which he and Mr. Young will check out. TO DO  Ms. Atherton also needs to format a pictorial record for Phase One, as she has done for Phase Two. Mr. Saperstein reminded her that there are already photos of the various locations that are part of the records of the Committee that can be used for the formatting. FIRST WAY/BACKUS LANE SAFETY AND ACCESS IMPROVEMENT RECOMMENDATION Mr. Reinhard stated that the Committee needs to get this matter “on the BOS radar.” It is NOT a major expense. Apparently Mr. Vorce is working with the Backus family to open to First Way. Mr. Stackpole asked if it might easier for the County Commissioners to do this? Mr. Reinhard has mentioned it to the Chair of the County Commission, Ms. Roggeveen. Ms. Atherton suggested that since this is a public-safety issue, perhaps we could get the support of the School Committee. If we are successful, and since the installation of a sidewalk or walking path will not require a lot of funds nor time, perhaps it could be accomplished prior to the opening of school in September. TO DO  Chairman Reinhard will follow up with the School Committee. DRAFT ROW Committee Minutes, 5.17.11 3 R&ROW COMMITTEE STRUCTURE, TERMS, AND FUTURE CPC FUNDED POSSIBLE PROJECTS. Committee Structure: [See ATTACHMENT II.] A lengthy discussion ensued about the structure of the Committee, with focus on advisory members. Advisory Members are individuals with specific expertise helpful to the Committee, but attendance at all meetings is not required. Ms. Bissinger Poor has indicated her interest in serving as an Advisory Member. MOTION: It was moved by Mr. Stackpole and seconded by Mr. Saperstein that, pending Ms. Bissinger Poor’s resignation as a full Committee member, that she be moved to formal status as an Advisory Member; and, further, that the appointment to fill her position be a term for three years, until 2014. After discussion, the Motion was adopted unanimously. TO DO  Chairman Reinhard will follow up with Ms. Bissinger Poor. Possible CPC Projects: $50,000 is available for R&ROW projects. The Committee discussed some possibilities, including: funds needed for additional monuments; improvements to Backus Lane and First Way; filling ownership gaps in the future Greenway; enforcement of Chapter 91 public-access provisions in exiting licenses; a Spruce Street viewing platform and board walk; an inventory of existing access points that are or may be in closed off to the public, including “public landings” and the original railroad right of way. (Mr. Reinhard reminded the Committee that the Town hired someone to conduct an inventory in 1975.) FOLLOW UP TO DO  Mr. Reinhard and Mr. Saperstein, the Committee’s liaison to the HPIC, will contact Mr. Jeff Carlson and invite him to a R&ROW meeting to discuss the Chapter 91 licenses, as well as additional access points that may need attention. It was suggested that perhaps interns from Worcester Polytechnic Institute (WPI) could be enlisted to develop an overall, comprehensive inventory of such access points. Mr. Greg Tivnan, the Assistant Town Manager, needs to be contacted for further information about the use of WPI interns for such a project. Also, Ms. Atherton will follow up with information about how to obtain the CZM NEWSLETTER that contains important and valuable information about the Commonwealth’s efforts in the area of public access to the water. NOTE: Ms. Atherton has subsequently located information provided by Mr. Arthur Gasbarro, as follows: To subscribe to CZ-Mail, send a blank email to <mailto:join-env-cz- mail@listserv.state.ma.us> With thanks to Mr. Gasbarro.  Just click away. It really does work. Ms. Atherton raised the matter of the Committee’s responsibility for fiduciary oversight of CPC funds. Mr. Stackpole pointed out that there is a need to inventory and rectify access to ponds for emergency safety reasons. A recent fatality at Sesachacha Pond illustrated the need for such an effort. Harbor Fuel donated funds for the necessary equipment, but in some cases, emergency services have NO access, such as at Capaum Pond. Mr. Stackpole pointed out that this would be “short money” but is very necessary and worthwhile project. DRAFT ROW Committee Minutes, 5.17.11 4 ADJOURNMENT Having reached the end of the agenda, the Chairman adjourned the meeting at 5:45 PM. The next regular monthly meeting of the Committee is scheduled for 4:00 PM on Tuesday, June 21, 2010 at 2 Fairgrounds Road. Respectfully submitted, D. Anne R. Atherton Secretary 6.12.11 ATTACHMENT I: Email Inquiry re Foot-Path. ATTCHMETN II: Committee Structure. R&ROW PROJECTS IN PRIORTY ORDER AS REVISED  Surfside area road takings and public way improvement project  Pedestrian/bike path linking Prospect Street path to Madaket Bike route via Mill Hill  Surfside paper road/abutters way takings  First Way Pedestrian/Bike Access and Road Improvement Project  Update Priority Takings List and process used to evaluate priority for takings  A Plan for the Establishment of a Nantucket Greenway and Footpath System  Miller Lane footpath: Property transfer to the Land Bank on hold by town  Footpath from Washington St. Ext. to Orange Street Improvement Project  Spruce Street, viewing platform/boardwalk to East Creek Road  East Creek Road layout  Public cemetery access and maintenance plan  Oversight of maintenance West Chester St. Ext., Crooked Lane and Cathcart Road  Publication of “A History of Roads and Ways”  Chapter 91 Public Access License Enforcement: Harbors Plan Implementation Com.  Mill Hill Project: Map of trails and public property, status of public use Completed projects needing implementation and follow up:  Access to Sconset Foot-path  Public Way marking project phase 2  ROW Improvement Plan follow-up and implementation Subject: Re: Bluff path access Date: Wednesday, May 4, 2011 4:05 PM From: danneatherton@comcast.net <danneatherton@comcast.net> To: Carolyn Durand <carolyn@leerealestate.com>, Harvey Young <hsyoung@comcast.net> Conversation: Bluff path access Hi, Carolyn. Attached are the recommendations adopted by the BOS in regard to which ways to begin opening (that is, securing a public easement). As you probably know, the ways are now owned by the abutters, and whether or not the public has a right to cross over them is not clear, and has not been for many, many years. Also attached is the map depicting the recommendations which accompanied the Report of the Roads and Right of Way Committee (R&ROW) to the BOS. As you can see, both of the ways you mention below are slated for “taking” by the Town and were included in the original article adopted by Town Meeting in 2010. However, they were NOT among the first five recommended by our Subcommittee and subsequently the R&ROW Committee for initial action. These five are indicated on the map with olive green fill. In addition, Town Meeting acted in April to open up a way in the vicinity of Anne’s Lane. The two ways you cite may well be taken at some point, but NOT in the first round currently underway. Hope this answers your questions. Best regards, D. Anne On 5/3/11 1:44 PM, "Carolyn Durand" <carolyn@leerealestate.com> wrote: Anne, Harvey, I am hoping you guys can help shed some light for me on the status of the access points identified on the map as "adopted". What does that mean? Practically speaking, Wilson Lane that runs between 35 and 39 and then the way that is between 31 & 33 -is it possible either of these would/could open up? If there is some light you can shed on what is subject to change and open access to bluff on Baxter I would really appreciate it. Yours, Carolyn Carolyn Durand 508-566-4713 mobile Lee Real Estate 58 Main Street Nantucket, MA 02554 508-325-5800 ATTACHMENT II: ROW MINTUES, MAY 17, 2011 ROADS & RIGHT OF WAY COMMITTEE, current structure (May, 2011): Term Ends Committee Member 2013 Allen Reinhard, Chairman 2012 Harvey Young, Vice Chairman 2013 D. Anne Atherton, Secretary/Treasurer 2012 John Stackpole 2012 Sylvie O’Donnell 2012 Annie Bissinger-Poor 2011 Nat Lowell 2011 Lee Saperstein Ex Officio/Advisory Members Andrew Vorce, Planning Director, Ex Officio Brian Chadwick, Board of Selectmen Liaison Dave Fronzuto, Marine and Coastal Resources Department Head Mohammed Nabulsi, Acting DPW Head Jeff Carlson, Coastal Management Nathan Porter, Information Technology & GIS The vision of the Nantucket Roads and Right of Way Committee is to preserve access to Nantucket’s public and private lands, including our harbors, coastline, ponds, moors, conservation lands and historical sites. Access is one of the greatest gifts the Town of Nantucket can protect for our current and future citizens. Our Mission is to review any issues concerning the status of access over public and private roads, rights of way, abutters ways, proprietors roads, footpaths and any other ways throughout Nantucket County, and to make recommendations to the Board of Selectmen/County Commissioners to ensure and improve public access over them. Meetings held the third Tuesday of each month at 4:00 p.m. at 2 Fairgrounds Road