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