HomeMy WebLinkAboutRight-of-Way Minutes - November 15, 2011 (Draft)_201402041507282768
TOWN AND COUNTY OF NANTUCKET ROADS AND RIGHT OF WAY COMMITTEE
DRAFT MINUTES
November 15, 2011
CALL TO ORDER
Chairman Allen Reinhard called the monthly meeting to order at 4:00 PM on Tuesday,
November 15 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, Bert Ryder, Lee Saperstein, John Stackpole and Harvey Young. Also in
attendance were Kara Buzanoski, new head of DPW, and Joe Marcklinger, a member of the
public.
APPROVAL OF MINUTES
A motion was made by Mr. Stackpole and seconded by Mr. Lowell to approve the DRAFT
Minutes of the October 18 meeting as distributed. The motion was adopted unanimously.
DISCUSSION WITH MS. BUZANOSKI, DPW HEAD
Chairman Reinhard introduced Ms. Buzanoski to the Committee and welcomed her to the
Town of Nantucket and her new position as head of the Department of Public Works. After
further introductions of the Committee members, a discussion ensued about R&ROW matters
that relate to the DPW.
Sidewalk Encroahment Issues: Town Manager, Libby Gibson had asked the Committee to
review the TON Encroachment Policy and make any recommendations for modification. [See
ATTACHMENT I.] Apparently, the main challenge in implementing the Policy, which was last
reviewed in 2000, has been enforcement. Also, it has often been difficult to secure surveying
services in order for the Town to be certain of property boundaries. Mr. Marcklinger has
suggested that one way to address this matter would be to have a regulation requiring a “sign-
off” on encroachments prior to the conveyance of a property and/or the issuing of any permits.
Ms. Buzanoski said that in her experience a “multi-pronged” approach was the most effective,
including education and communication, often with individual property owners.
Specific public-safety concerns cited related to sidewalks included: Prospect Street, the the end
of the multi-use path, down to Vestal Street; access up to the schools along First Way; and
Pleasant Street from Back Street to Williams. NOTE: The Report of the Streets and Sidewalks
Committee, available on the Town’s website at http://www.nantucket-
ma.gov/Pages/NantucketMA_BComm/streetsidewalks, was cited as an excellent background
resource for these issues.
DRAFT ROW Committee Minutes, 11.15.11 2
The Committee could identify areas downtown where sidewalks are missing and/or there are
serious encroachments. Ms. Buzanoski said that the Committee could be most helpful with
“prioritizing” specific locations for action, once they are identified. The Committee could make
recommendations re priorities to the Board of Selectmen, with the matter eventually referred
through the Town Manager to DPW for action. In regard to surveying, there may be funds still
available through the CPC grant to the Planning Office of two years ago in the amount of
$150,000 for “public access” intitiatives. ACTION Mr. Reinhard will speak with Planning
Director Andrew Vorce about the availability of such funds.
In summation, the Committee reached consensus on three areas for action:
1. Identify and prioritize areas in need of sidewalks for public safety reasons, with
particular attention to First Way, Prospect Street and Pleasant Street (Five Corners to
the Roundabout).
2. Identify and prioritize sidewalk encroachments in the historic downtown area and
make recommendations to the BOS for action.
3. Revise the 2000 Encroachment Policy consistent with the discussion, including a
recommendation for a new administrative regulation requiring documentation that
properties are encroachment-free prior to the issuance of any permits or conveyances.
IMPLEMENTATION ACTIONS Consideration by the Chairman will be given to establishing
a Work Group (Sidewalk Access Subcommittee?) to accomplish the above tasks #1 and #2. In
regard to #3, Mr. Marcklinger volunteered to revise the current Encroachment Policy consistent
with the discussion. A revised policy document will be prepared to be reviewed by the
Committee at its next meeting. Once Mr. Marcklinger has a revised policy ready, he will submit
it to the Secretary for distribution to the Committee in draft form.
PUBLIC ACCESS PROJECT FOR R&ROW CPC FUNDING GRANT
Chairman Reinhard initiated discussion about how best to go forward with a public-access
project to be underwritten with funds in the amount of $50,000 received from CPC for this
purpose. Committee consideration centered on a “Project Summary” prepared by Mr. Reinhard.
[See Attachment II.]
The project envisioned would be a “final sweep” of the island to identify remaining “gaps” in
public-access ways with the purpose of protecting and preserving public access, increasing
public access in areas where it is needed, and ensuring that no public access be “lost” going
forward, due to lack of oversight by the Town and County.
Mr. Reinhard reported that Mr. Vorce recommended the hiring of a consultant, perhaps
someone from off-island with experience, to shape the project. Mr. Marcklinger commented that
if a firm could be hired that has already undertaken such a project for a number of towns, such
as Marshfield, Newburyport, Rockport and Martha’s Vineyard, the “level of effort” would be
two-to-three times less. The “process” is important, as professionals are needed, but so is local
input. There will also be procurement issues to be considered in engaging such professional
services.
DRAFT ROW Committee Minutes, 11.15.11 3
Mention was also made of historic public “landings” in Massachusetts which are often referred
to by the CZM in its newsletters. NOTE: To subscribe to CZ-Mail, send a blank email to join-
env-cz-mail@listserv.state.ma.us <mailto:join-env-cz-mail@listserv.state.ma.us>
ACTION Mr. Reinhard will follow up with Mr. Vorce. Meanwhile the Committee as a whole,
or a work group, will have to further define the project, using Mr. Reinhard’s Summary for an
overall framework, but developing specific goals, objectives and outcomes.
DECEMBER MEETING
It was decided to follow the usual practice of NOT convening in December because of
the busy holiday season. The next meeting of the Committee will be January 17, which
happens to be Mr. Lowell’s birthday.
PUBLIC ACCESS IN MADAKET
Ms. Atherton brought to the attention of the Committee a possible public-access issue in
Madaket, as requested by a Madaket resident. Apparently there has been an obstructed “way”
running to the water from Tennessee Avenue between two properties (one is #14), both of
which have recently been sold. This resident is suggesting that this might be an opportune time
to rectify the situation, if, in fact, the obstructed path to the water is public and if a Chapter 91
License is involved. ACTION Mr. Saperstein will follow up and try to ascertain the facts of
the matter. [See ATTACHMENT III for the results of Mr. Saperstein’s research.]
COASTAL MANAGEMENT PLAN
Ms. Atherton and Mr. Reinhard brought the matter of the Coastal Management Plan, currently
being developed by the Town of Nantucket, to the attention of the Committee. The focus of the
effort is on erosion and its consequences, and how it is to be managed on Town-owned land. A
set of “Principles” has been developed in draft form by an informal work group convened by
the Town Manager over the summer. At a recent BOS meeting, the BOS agreed to attempt to
complete the work on a CMP by January 31. Since public access is referenced in the Principles, it
would be prudent for the R&ROW Committee to be represented, if possible, on the work group.
Ms. Atherton said that she would volunteer to fulfill this role.
MOTION A motion was made and seconded that a request be made to the Town Manager
that the R&ROW Committee be represented on the Coastal Management Plan Work Group. The
motion was adopted unanimously.
MISCELLANEOUS
Mr. Reinhard reported that the Committee’s web page needed updating. He will work with
TON IT Coordinator Molly Sprouse on this task. Ms. Atherton will bring her camera to the next
meeting for an updated photo.
DRAFT ROW Committee Minutes, 11.15.11 4
ADJOURNMENT
Having reached the end of the agenda, the Chairman adjourned the meeting at 5:35 PM. The
next regular monthly meeting of the Committee is scheduled for 4:00 PM on Tuesday,
January 17, 2012 at 2 Fairgrounds Road. Note that there will be NO December meeting.
Respectfully submitted,
D. Anne R. Atherton
Secretary
11.19.11
ATTACHMENT I: Town of Nantucket, Encroachment Policy, Revised 2000.
ATTACHMENT II: “Project Summary,” prepared by Allen Reinhard, Chairman.
ATTACHMENT III: Follow-Up Electronic Communication re Public Access in Madaket, Lee
Saperstein to Allen Reinhard and D. Anne Atherton, November 16, 2011.
ENCROACHMENT POLICY
Effective Date: July 13, 1994
Date Adopted: July 13, 1994
Date Revised: November 1, 2000
Applicability: Town of Nantucket property owners
I.Purpose
To keep the Town-owned rights of ways open to the public and free from safety hazards
due to encroachments. Encroachments into town-owned rights of ways are, for the most
part, the result of significant plantings, landscape efforts and other improvements by
property owners to maximize and expand the appearance of their property, which can
cause a potential safety hazard to pedestrians and others.
II.Policy
Encroachments, some of which may have been existence for many years, fall within three
categories and shall be handled in the following manner:
•Encroachments on town property causing an immediate public safety hazard,
or that are blocking a public right-of-way so as to impede public access, shall
be removed immediately.
•Encroachments on town property that do not cause an immediate threat to
public safety shall be removed following a notification process.
•Encroachments that have a historical precedent, as determined by Town
Administrator with advice of pertinent town officials, may be permitted to
remain.
III. Procedure
Encroachments causing an immediate public safety issue shall be removed
by the Public Works Department following a determination by the
Fire Chief, Police Chief, Public Works Director and/or Traffic Safety Advisory
Committee.
Encroachments which have been identified as non-immediate public safety issues by the
Traffic Safety Advisory Committee, Public Works Department and/or Town
Administration shall be handled as follows: the Public Works Department will send a,
certified/return receipt letter to the property owner requiring removal of the
encroachment within fifteen (15) days. If the encroachment has not been removed by the
property owner by the end of that period, the Town will remove the encroachment and
charge the property owner for the work.
Upon receipt of such notification, property owners are encouraged to promptly remove
the subject encroachment. If the property owner does not take action, the Town takes no
responsibility for the appearance of the work following removal.
Nantucket Roads & Right of Way Committee Project Summary
Open Space / Public Access Initiative CPC funding request
A grant for $50,000 of Community Preservation Act funding for a Project of the Roads &
ROW Committee to create a Nantucket Open Space / Public Access Initiative.
Since June 2008, the Roads & Right of Way Committee has been working to implement
the recommendations contained in the Right of Way Improvement Plan accepted by the
BOS/CC. Among these recommendations is implementation of Article 33 of the 1996
Annual Town Meeting “to direct Selectmen to make pedestrian access to public property
a main priority as the Town and County plan for the future, and to direct the County
Commissioners to study the feasibility of creating a system of walking paths linking
Nantucket town to public property in the outlying areas of Nantucket County.”
A beginning has been made with the approval and installation of the twenty-four granite
Public Way monuments installed marking various public ways across the island from
Sconset to Madaket. A map showing the locations of the new granite and the existing
concrete Public Way monuments is being developed. One part of our ROW
Improvement Plan is development of a system of footpaths linking Nantucket’s public
lands and private conservation lands open to the public, a Nantucket Greenway,
essentially a system of marked paths and trails connecting Nantucket’s conservation and
public lands. The Nantucket Land Bank’s updated map will be the first step in
identifying the Greenway and associated trail systems.
Our CPC grant funds will be used to pay for professional services such as surveying, title
research, legal assistance and guidance, grant writing, and other necessary services to
effectively advance our mission of improving public access, especially to Nantucket’s
conservation and public lands. We have been fortunate in recent years to have such
services donated to us by committee members and members of the public such as Joe
Marklinger, Frank Holdgate and David and Jake Visco who were essential in locating and
setting the twenty four granite Public Way monuments, and the citizens who have
volunteered to work on the Sconset Bluff Access Subcommittee. A project of the scope
we envision will require paid professional advice and assistance. Part of the CPC funds
approved will be used to pay for these necessary services. Funds will be administered
through the Planning Department with the oversight of the Planning Director.
The Plan will assist in identifying possible gaps and potential land acquisitions along
with any potential remnants of Town interests in proprietors roads and other former
public landings and ways that will increase public access to Nantucket’s shoreline, ponds,
moorlands and conservation lands open to the public. To achieve this part of our Open
Space/Public Access Initiative, we will need to assemble a legal team and consultants to
determine if there are any remaining public interests in any proprietors, public or private
Ways or Landings similar to work that was done in the 1970’s. Funds may also be used
to secure footpath easements or other public access connecting ponds, beaches,
moorlands, swamps and plains throughout Nantucket County.
Subject: Properties along Tennessee Avenue
Date: Wednesday, November 16, 2011 11:07 AM
From: Saperstein, Lee W. <saperste@mst.edu>
To: <danneatherton@comcast.net>, Allen Reinhard <allenreinhard@yahoo.com>
Conversation: Properties along Tennessee Avenue
D.Anne and Allen: I did a cursory search for the properties discussed at
yesterday’s meetings. Here’s what I found.
First, Leslie Johnson’s question has to do with ‘G’ Street. Sylvie O’Donnell’s
additions were for Baltimore St. aka ‘B’ Street. They’re not the same.
‘G’ Street runs north to the wet lands between the properties of Randolph Sharp,
Jr., Number 14 Tennessee Avenue, map and parcel 60.1.2 6, to the east, and David
Cantella, Number 12, 60.1.2 5, to the west. Mr. Sharp’s (or his successor)
property is irregularly shaped and curves to the north of Mr. Cantella’s. Sharp
owns the waterfront including that north of Number 12. The GIS map for this
property, i.e. Sharp, shows ‘G’ Street terminating at his property line not at
the water. Although examination of the recorded deeds might show something
different from what is seen on the GIS, I doubt it and I would not recommend
this location as a public way mainly because it stops short of the water.
Baltimore, aka ‘B’, Street, on the other hand, may be one of our obscured
streets that deserves some attention. The GIS map shows it running north to the
water where there is an informal ramp access to the water. It is used for
driveway access to the property of Mr. Roger Stolte, 19 Baltimore St, map and
parcel 60.2.4 86, to the east, and the Taylor property, number 16, map and
parcel 60.2.4 73, to the west. The aerial photo (2007) shows a boat sitting in
the right of way; presumably it belonged to the Taylor household because the
Stolte property also has a boat in its yard. The Stolte property does have a
finger pier into Hither Creek harbor and may have Chapter 91 issues. Ownership
of these properties are as listed on the GIS and may not be current. We should
keep Baltimore Street as one of the ones to be examined in the public access
project.
You’re welcome to put this note as an addendum to the Minutes.
Lee
Lee and Priscilla Saperstein
P. O. Box 1408, Nantucket, MA 02554
1-508-680-1337 (home)
1-573-578-7750 (cell, L.)
1-573-578-7752 (cell, P.)
saperste@mst.edu (e-mail)