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HomeMy WebLinkAboutRight-of-Way Minutes - April 19, 2011 (Draft)_201402041506170264ROADS & RIGHT OF WAY COMMITTEE MINUTES, DRAFT Tuesday, April 19, 2011 Meeting Scheduled for 4:00 p.m. in Garage Area at 2 Fairgrounds Road Attending: Anne Bissinger-Poor, Sylvie O’Donnell, Allen Reinhard, Chair, Lee Saperstein, Secretary pro tem, John Stackpole, Harvey Young (at 4:33 pm). Absent: D.Anne Atherton, Nat Lowell Guests: Carol Dunton, Bert Ryder, Andrew Vorce 1. Call to Order. Chair Reinhard called the meeting to order at 4:02 pm and asked if there any additions or amendments to the agenda. There was none. 2. Approval of March 15, 2011 minutes. After noting that the date on the heading should be March, not February 15, and that the street name on page 3, line 8, should be Pleasant and not Please, the minutes were accepted unanimously: Stackpole moved and Bissinger seconded. 3. ATM results relating to R&ROW issues. Mr. Vorce reviewed the actions of Town Meeting that affected roads and right of way. On the whole, he felt that the Town had advanced the purposes of access in its actions. The list that follows matches the list in the March 15th Minutes. Article 35 passed. This authorizes the Town to seek funds for taking Boulevarde and associated roads leading from Surfside to the Airport. The next step is for the Town to schedule a special election to seek approval for a budget override to appropriate these funds. Once the engineering and design steps are performed (the “layout”), the Town will need to appropriate additional funds for road construction. A substantial majority of abutters and owners affected by this taking have granted easements for the taking, thus reducing the legal burden on the Town. If other sources of funds cannot be identified, up to thirty percent of betterment costs may be assessed to abutters. Article 37 passed. This article provides for a disposition of the un-laid portion of Miller Lane. The article was a citizen’s article that sought for the Town to provide access to three land-locked lots on Miller Lane. The article was amended before Town Meeting to provide for a short extension of Miller Lane to the eastern most lot and for the balance of the Lane to be conveyed to the Nantucket Land Bank for a walking path. If the land owner provides access to the other two lots by easements over private land, the deal is done. If the land owner wishes for access by public way to the remaining two western lots, then another Article will be need to be brought to the next Town Meeting. Article 110, Map F, provided for the disposition for the remainder of Miller Lane to open space and/or sale to the Nantucket Island’s Land Bank. Article 92 passed. Permission was authorized to take or purchase the property at the corner of Union and Francis Streets, 50 Union St. The intent of this article is to provide a larger radius of curvature for this corner, which is the only route suitable for large trucks into the heart of the Island. Funds for this purchase were not included in the article and will need to be identified in the future. Articles 98 and 99; 100 and 101 passed. These articles authorize the taking and disposition by yard sale of a number of paper streets in Surfside. Mr. Vorce noted that the ROW Committee should review these streets to see if any should be retained by the Town for public access. ACTION: Subcommittee review of these ways. Articles 105 and 106 passed as amended. These two articles provided for the taking and disposition of a lateral way at Ann’s Lane to the ‘Sconset Bluff Footpath along with the curing of adverse possession of Town-owned land by a private land owner. Article 106 was amended to state that if a public way was not created opposite of Ann’s Lane, then an alternate would be taken somewhere in the three lots of land owned in common at that site. These two articles represented the completion of tasks from the ‘Sconset Bluff Footpath Subcommittee that required Town-Meeting approval. Articles 107 and 108 passed. These two articles provided for the taking and disposition of a number of other paper streets and ways on Nantucket. Of significance is the disposition of an extension of Hulbert Avenue that will now become open space in the Jetties Beach reservation. Articles 109 and 110 passed. These two articles also dealt with paper streets and ways and included, as mentioned above, the disposition of Miller Lane. ACTION: Miller Lane was on our committee’s original list of sites deserving of a public-way marker. We need to follow the disposition of this way and, if it goes to the Town, provide clearance of land into a pedestrian way and the installation of suitable markers. If it goes to the Land Bank, we should work with the Land Bank to see that it is marked appropriately. Chair Reinhard stated that the 2011 Annual Town Meeting was very successful for public access. Mr. Vorce reminded us that the proposed budget for the Community Preservation Committee, Article 28, was passed and includes funds specifically designated for “Public Access to open space and acquisition fund for properties, Phase 3, $150,000.” He stated that he and Mike Burns, Transportation Planner, were available to help. If we want to assemble an advisory or consultation group for this, we should do it by July 1st. The Committee took up this matter under Item 6. below. 4. Update on Sconset Foot Path management plan meeting with Town Manager. Chair Reinhard reported that he and Harvey Young had met with the Town Manager about the ‘Sconset Bluff Footpath Management Plan and the various elements in it that will require maintenance and management from the Town. This conversation led to the scheduling of a report to the Board of Selectmen on the proposed management plan. Mr. Harvey Young and Chair Reinhard will present the plan to the BOS and will highlight three items (Mr. Young arrived at 4:33 pm as this item was being discussed):  Maintenance of the path by the Department of Public Works, particularly mowing and clearing to the four-foot standard. ACTION: Messers Reinhard and Young will work with DPW to maintain good relations with abutting land owners.  Enforcement of acceptable public behavior by the Police Department. Chief Pittman has agreed to assign these duties to one or more of the Community Service Officers who patrol in the ‘Sconset area.  Signage. Recommendations were made by the subcommittee on signs to be posted at the entrance to the path and at the lateral ways. ACTION: We need to work with the DPW Sign Department to create the main sign and the markers for the lateral ways. Connected to this will be the need to acquire a Certificate of Appropriateness from the HDC. 5. Public Way monument installation phase 2. ACTION: We need to schedule placement of the Phase II Monuments as soon as possible. We may use the CPC grant to pay the surveyors and constructor. We should use the services of the surveyors and the Town Clerk to maintain a record of the locations of the older, existing concrete monuments, and the Phase I and II granite monuments. Members of the committee are asked to review the list of existing monuments (attached) to see if any others are known to exist. 6. Discussion: A plan for our CPC funded Open Space/Public Access Initiative. A lively discussion ensued about how to expand public access with funds made available by the Community Preservation Committee grant. Chair Reinhard explained that the grant gives broad authority in terms of lands that might be acquired for public ways. He also suggested that we assemble an advisory panel of people who are expert in Nantucket’s public ways, such as Anne Bissinger-Poor, Wayne Holmes, and Arthur Reade. ACTION: Committee members should think of additional potential members for this group. Chair Reinhard will invite these experts to a future meeting of the ROW that is mutually convenient for them. Items that were discussed, not necessarily in this order, include  The Greenway project: to provide two north-south and one east-west “public ways” similar in concept to such major ways as the Greenways on Block Island or the Appalachian Trail. While much of these ways would traverse open land already owned by the Nantucket Conservation Foundation or Nantucket Land Bank, gaps in the ways would be targets for acquisition by CPC funds. ACTION: Anne Bissinger volunteered to pull up GIS maps to cover the potential routes.  Chair Reinhard suggested that we should be interested in a way from Jonathan’s Way to Low Beach. He will look into this.  County Road Takings Projects. The 1975 Takings Project was incomplete. There is scope for continuation of this work and the assistance of experts who were part of the earlier project would be invaluable.  Public Landings. In 1846, the Land Court was formed and shortly thereafter it created the designation of “Public Landings” to delineate points on the shore that could be used to land boats. Finding them and providing for their preservation, perhaps by taking, would be an useful project. Anne Bissinger suggested that the Proprietors’ Roads did not extend beyond the 1820 set-offs of common land and that this might have created additional gaps in access to the Public Landings.  Rails to Trails. Mr. Saperstein mentioned the development of the Nantucket Railway roadbed into a walking trail and Ms Bissinger mentioned that the concept of rail to trail should be explored. Subsequent to the meeting, Mr. Saperstein found the following related links: www.railstotrails.org and http://www.fhwa.dot.gov/environment/rectrails/rwt. a federal report on the development of these trails: see Massachusetts General Laws Chapter 21, section 17C on liability. In closing this item, Chair Reinhard asked the committee to think about other potential uses of these funds. In general, footpath easements will be easier to acquire than will road takings. 7. New business. Mr. Saperstein indicated that he had been notified by the Town about the expiration of his appointment and had, therefore, filed the application for renewal. Mr. Lowell is the other member whose term expires this year. 8. Adjourn. Having completed the agenda, the meeting was adjourned at 5:20 pm. Next meeting: Tuesday, May 17, 2011, 4:00 p.m. at 2 Fairgrounds Rd. R&ROW Committee Outstanding Projects and Issues Priority List:  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 Footpath  Public Way marking project phase 2  ROW Improvement Plan follow-up and implementation Lee W. Saperstein, Secretary pro tem 25 April 2011 Attachment: TOWN AND COUNTY OF NANTUCKET COMMITTEE ON ROADS AND RIGHT OF WAY List of Existing Public Way Markers Note: These markers are the pre-existing cast concrete markers that are marked with the cast-indented words “Public Way” displayed in a vertical alignment (beginning with the letter ‘P’ at the top). Existing markers protrude from the ground in the range of 42 to 46 inches (approximately); they are hexagonal in section but not equilateral as their front faces are broad enough to contain the lettering. Cast in place toward the top of the marker are spare surveyor monuments marked with the words “County Road Bound.” Similar markers have been found at the top of Bound monuments where they have a conical indent for marking the exact spot of the Bound. Evidence of old paint suggests that the posts were painted white and the indented lettering was black. Auriga (School) Street. There is a marker on the right (as one faces the ocean) embedded in the bushes. Charles Street at the intersection with Hulbert Avenue. Charles Street continues to the Harbor but has no parking beyond Hulbert. Madaket. Allen Reinhard has identified three monuments in a row that mark the ocean end of one of the streets (Chicago St. or Macy Road?) that go south from the end of the Madaket Road. Millbrook Road. Just inside of its intersection with Millbrook, an unnamed way that goes to the Head of Hummock Pond has a monument on the right-hand side as one faces the pond. This is approximately 40 Millbrook and is alongside of Land Bank land. North Cambridge Street. There is a monument at the end of North Cambridge just before the wetlands. Warrens Landing Road. There is an existing monument at the bound marking the intersection of Warren’s Landing Road and Eel Point Road at approximately (opposite) 48 Warrens Landing Rd. Warrens Landing Road carries on to Madaket Harbor where we placed a new monument in Phase I. Washing Pond Road. There is a monument at the intersection of an unnamed Way with Washing Pond Road at approximately 38 Washing Pond Rd. The Way carries onto a small parking area and access to the Washing Pond beach. April 26, 2011