HomeMy WebLinkAboutJanuary 18, 2022 1 a ref i�i tt t a. (':.
Town and County of Nantucket pp9999
ROADS AND RIGHT OF WAY COM1VII
Posted Meeting of
January 18,2022
Held by Zoom Videoconferencing
FINAL AND APPROVED MINUTES
1. Call to Order,Approval of the Agenda,Approval of Minutes,and Public Comments.
A. Chair Allen Reinhard called the meeting to order at 4:01 pm. In attendance were Committee
Members Rick Atherton,Nelson(Snookie)Eldridge,Ed Gillum,Bill Grieder,Allen Reinhard,
Rob-Ranney, Lee Saperstein and Phil Smith;there was a quorum at all times. Nat Lowell was
absent. All responded to an attendance roll call. The meeting was recorded and can be viewed
on You Tube.
Supporters attending: Stephen Arceneaux,Director,DPW, Ken Beaugrand, Real Estate
Specialist(left at 4:20 pm), and Phyllis Ruguaru, DPW Office Manager.
B. Approval of the Agenda. The agenda was approved unanimously by acclamation.
C. Public Comments. None.
D. Minutes. Approval of the minutes from December 21,2021,was moved by Snookie •
Eldridge, seconded by Bill Grieder, and approved unanimously by roll-call vote.
4. Draft Statement Regarding Proposed Amendment to the Chapter 91 Statute.
Because Ken Beaugrand was late in logging into the Zoom meeting,Allen Reinhard asked for
and received permission to take up Agenda Item 5. out of order. The discussion centered around
a letter(appended to these minutes) drafted by Rick Atherton that asks for support from the
Select Board for the amendment of the Chapter 91 legislation proposed by Representative Dylan
Fernandes and Senator Julian Cyr,which adds the word"recreation" in the list of permitted uses
of intertidal land. These uses now, as they have been since the original statute was passed, are
only for"fishing, fowling, and navigating."
With general support for the letter,most of the discussion centered around helpful edits and
additions to the draft:
• Phil Smith suggested that the entire text of the relevant paragraphs in the statute be
included as an appendix with the new word inserted and underlined;
• Lee Saperstein suggested that, inasmuch as the letter is longer than one page and likely to
get longer,which does seem necessary,that a short executive summary should precede
the letter;
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• Phil Smith and Ed Gillum identified the following sentence,
"While the original purpose of the ordinance is well known,the primary focus no
longer serves the public purpose for which it was adopted [access to the inter-tidal
zone for purposes of fishing, fowling, and navigating]."
as not being entirely accurate and suggested that the word"sole"be substituted for
"primary;"
• Phil Smith noted that"strolling,"which appears in some discussions of the Chapter 91
purposes, is not identical with jogging and may also need some definition;
• Bill Grieder commented that this why"recreation" is a better word than "strolling;"
• Because there was concern that"recreation"may be overly broad, Rick Atherton
reminded the group that statutes are normally supported by regulation, in which further
definitions may be included;
• Phil Smith continued to support the insertion of the word,"recreation;"
Lee Saperstein asked about next steps and Allen Reinhard replied that, if the committee agreed
with the thrust of the letter, it could endorse it. Lee Saperstein then made a motion, seconded by
Phil Smith, to accept the letter in principal and to authorize Allen Reinhard and Rick Atherton to
insert the edits and send the letter as soon as possible. He commented that not waiting for
approval at the next meeting saves a considerable amount of time. ,A roll-call vote was
unanimously in favor of this motion [action Rick Atherton.to amend the"draft`in accord with
conlrriitt a suggestions and Allen�Reinhard to send t to'the Town Manager for submrssXon to.the
elect��oard�l w.. _ . ._ ...
2. Ken Beaugrand Update on Road, Sidewalk Projects and Recommended Takings.
With Ken Beaugrand now on the call,Allen Reinhard asked if he had anything to report. Yes,
replied.Ken Beaugrand,the Select Board has been reviewing suggested street takings and
conveyances in advance of preparing Select-Board generated warrant articles for the Annual
Town Meeting. He noted that there were also two citizen's articles that do not raise any
concerns if implemented. A draft of the warrant is to be discussed at tonight's Select Board
meeting(Jan. 19, 2022) and is included in the supplemental packet for that meeting. In response
to a question from Allen Reinhard, Ken Beaugrand said that Franklin Street and Stone Alley are
not in this list.
• Red Barn and Sheep Pond Roads. An elaborate exchange of land between the Town and
the Nantucket Conservation Foundation is proposed so as to create an easement for a new
road to replace the eroded and unpassable existing Sheep Pond Road. There would be no
net loss of open-space land.
• 167 Surfside Road. The proposed exchange would correct an earlier surveyor's mistake,
ensure that no lots are landlocked, and provide the owners with proper title to the
properties.
• Dorset Road. The existing way in Tom Nevers is by easement within the defined layout
and this taking will cure that access.
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• Eel Point. To protect walking trails at Eel Point, it will be proposed to take certain lands
to clarify the Town's ownership and ensuring a pedestrian easement retained for the
Town.
• Weeweeder Avenue. A taking and conveyance to ensure correct title in the Town to
protect open space by the airport.
• West Chester Street. Another taking and conveyance to cure misalignment of West
Chester Street and to provide a place for the Land Bank to install trails.
• Ames Avenue. When Ames Avenue was laid out, it was placed inadvertently on land
donated to the Town for open space. This article proposes to take the land under the way,
transfer it to the Town, and then mitigate the loss of open-space land with the dedication
of equal areas to open space. Because open space is involved, approval though a home-
rule petition will be needed.
• Altar Rock. The nearly six acres of land surrounding Altar Rock belongs to the Town.
The Town prefers to transfer this land into the care of the Nantucket Conservation
Foundation,NCF. Another home-rule petition will be needed to effect this transfer.
Two citizen's articles for zoning changes have been reviewed and will not be opposed:Nobadeer
Way opposite the airport with zoning amended to R10L(limited,which means no secondary
dwelling) and one other at 14 Tripp Drive and South Shore Road.
3. Map Project, Chapter 91: Public Access Map Locations; Next Steps and Plan for
Locating and Installing New Public Way Monuments.
A. Chapter 91. This was discussed earlier under the re-located item 4.
B. Public Access Map Locations. The broad issue of access to the water, explained Allen
Reinhard,which is part of our mission, suggests that the committee identify marked and
unmarked public ways, access points defined by non-governmental organizations,,NGO, such as
the Land Bank and the Conservation Foundation, "One-Big-Beach"easements, and those lands
with Chapter 91 licenses that specifically permit access to the water.
He envisions a broadly distributed map of access points but realizes that a comprehensive list is
needed before a map can be drawn. Rick Atherton noted that access should be accompanied by
the public's recognition of its responsibility to stay on the path. Ed Gillum added that any access
point that we list should be seen to be open to passage, which means that they will have to
checked physically. Not all Chapter 91 Licenses requiring open passage to the public are
marked, such as beach stairs. Rick Atherton promised to circulate an earlier letter from Jeff
Carlson, now Director,Natural Resources, on beach stairs with licenses or permits from the
Town.
Phil Smith said that all access points should be verified by a visit to ensure that they are open to
passage. Allen Reinhard agreed and said that this verification is a"ground truth"exercise. This
conversation led,to the conclusion that a list of access points should be made before attempting
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to create a publishable map. Part of the verification would be to check owners' willingness to
have their access points included on a publicly available map. Bill Grieder added that, once the
list is complete or nearing completion,the access points should be equitably divided and
assigned to committee members for verification. The burden of inspection should be shared.
Snookie Eldridge said that he has a copy of the original sub-division plan for `Sconset Bluff and
has given a copy of it to Mark Willett at the Water Company. Lee Saperstein suggested that
Allen Reinhard and Phil Smith assemble the first draft of the list of access points and circulate it
to the committee members for review and addition of new points. The field ground truthing can
then be assigned to committee members Snookie Eldridge volunteered to help rAction Allen
6164.0 cif 4ccess po nts aiia send to cor utittee members
Lee Saperstein suggested that, once a map is drafted, it should be reviewed by Town officials
before posting it for the public. Yes, agreed Allen Reinhard; Andrew Vorce, Director of
Planning, Jeff Carlson, Director,Natural Resources, and Libby Gibson, Town Manager, should
review a copy.
C. Plan for Locating and Installing New Public Way Monuments. Allen Reinhard said that
he has asked Lee Saperstein to join him in identifying places where new Public Way monuments
should be installed. Lee Saperstein agreed to help and said that the master file of monuments
would then be brought up to date.
5. Old,New, and Other Business, and Member Comments,
Bill Grieder noted that, based on ferry reservations made today,the first day on which
reservations could be made, next summer will be as busy as was the last year's.
There were no other comments.
6. Adjourn.
Adjourn: The meeting was adjourned at 5:01 pm by consensus. The next meeting will be held
at 4:00 pm on Tuesday,February 15,2022.
Lee W. Saperstein, Secretary Date
Roads and Right of Way Outstanding Projects List:
Public Way Monument Project: (Lee&Allen& Snookie)
Install remaining monuments at Sconset Footpath, Hulbert Ave., and other locations
Update file of existing monuments
Move monuments at Westchester St. Ext.&Crooked Lane
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Sidewalk Projects: (Lee&Allen)
Prospect St. (sidewalk to Upper Vestal St.) and on to Madaket bike path
Cliff Rd. Coffin Park to bike path at Sherburne Tpk.
Pleasant St. Gardner Perry Lane to Williams St.
Lovers Lane Bike path and road reconstruction: follow progress
Follow implementation of downtown sidewalk improvements
Bike/Pedestrian connection from Surfside to Hummock Pond to Madaket paths
Chapter 91 Monitor Project: (Lee, Rick,Phil)
Make local license information available online
Harbor Walk Project, list of permits and approvals, Identify route
Chapter 91 licenses along route for the Harbor Walk
Locate other locations on waterfronts requiring licenses
Nantucket Greenway and Trail System Project: (Allen, Lee)
Nantucket Central Railroad trail map of route
Island Trail Map with all walking trails
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DRAFTrl 16 22
TO: MEMBERS OF THE SELECT BOARD ("Board")
FROM: THE ROADS AND RIGHT OF WAY COMMITTEE ("Committee")
RE: ADVISORY RE LEGISLATION TO INCREASE PUBLIC ACCESS
DATE: TBD
Consistent with the purpose of the Committee(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 and County Commissioners to ensure and improve public access over them) and our
guiding philosophy(to preserve access to Nantucket's public and private lands, including our
harbors, coastline,ponds,moors, conservation lands and historical sites),we would like to bring
an important matter regarding public access to the attention of the Board.
We understand that Nantucket's elected representatives to the Great Court, Senator Julian Cyr
and Representative Dylan Fernandez, are primary sponsors of a bilt to expand the use of the
inter-tidal zone by proposing to amend Chapter 91 to include"recreation"as an allowed use.
Insert s"tatement b lan and Jul anvcontained in a wcover noteuhere9:.
The bill states simply that Section 1 of Chapter 91 be amended to add the words"recreation
and:"
Be it enacted by the Senate and House of Representatives in General Court assembled,
and by the authority of the same, as follows:
1 SECTION 1. Section 1 of chapter 91 of the General Laws, as appearing in the 2018
2 Official Edition, is hereby amended by inserting after the words "for the purposes of',
in line 36,
3 the following words:- recreation and.
4 SECTION 2. Said section 1 of said chapter 91, as so appearing, is hereby further
5 amended by inserting after the definition of"Private tidelands"the following
definition:-
6"Recreation",the use of land for relaxation, exercise,watersports or other enjoyable
7 pastimes. [Bold added.] [SourceZcitation?]
•
The Committee has discussed the impacts of this change to an ordinance (aka a legislated bill)
originally adopted in 1641-1647. While the original purpose of the ordinance is well known,the
primary focus no longer serves the public purpose for which.it was adopted [access to the inter-
tidal zone for purposes of fishing, fowling, and navigating].
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DRAFT/ADVISORY TO SB 7
Most of the Commonwealth's beaches now serve as a focus of enjoyment of the natural setting
of views where the water meets the land. Before our Commonwealth was settled by immigration
from Europe,the shoreline belonged to all the inhabitants of the land. Currently Massachusetts is
one of two states [tlhe=Yothe]that have the most restrictive access to its shoreline in our Country.
This takes one very small step(to increasing public access along the shoreline)by expanding
access in the limited intertidal zone along the coast(the area of beach between the high and low
water marks).
The adoption of this bill, in either the current or an amended form,would be consistent with the
public-access mission of the Committee, as well as to the core value(public access) of our
Nantucket community, a value we all hold dear.
It is interesting to note that several Chapter 91 licenses in Nantucket already require the right to
"stroll' in the intertidal zone on the licensed property. [Examples` The bill itself goes further
than "strolling"to define recreation as"the use of land for relaxation, exercise,watersports or
other enjoyable pastimes."
Prior efforts such as this legislation have been attempted to bring enhanced public access to the
coastline,but theyhave been met resistance from expectedquarters AME the`e ecte
p �``l ..a�p
quarters ]. We assume that similar opposition will emerge in response to this proposed bill, but
that is no reason for Nantucket not to publicly support of the bill.
Nantucket citizens can help this process by asking the Select Board to adopt a resolution of
support for the bill. Such support,we expect, can assist the sponsors in the state legislative
process. l
For some additional background we have included below several statements of introductory
comments from state policies and regulations below. These, in our judgement, are supportive of
the public benefit that will be enhanced by the bill's,passage.
The Committee respectfully request that the Board consider supporting this important legislation.
Our members stand ready to assist in any way we can.
Thank you.
[Signed Chair]
EXCERPTS FROM INTRODUCTORY COMMENTS PROVIDED [3Y?j [Highlights added.]
From an overview, specifically,the MassDEP Waterways Regulation Program states as below.
The highlights emphasize pork‘ that are helpful to opening up the intertidal zone for public
access.
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DRAFT/ADVISORY TO SB 8
Preserves pedestrian access along the water's edge for fishing, fowling and navigation
and, in return for permission to develop nonwatery dependent projects on Commonwealth
tidelands, provides facilities to enhance public use and enjoyment of the water Seeks to
protect and extend publics strolling rights, as well as public navigation rights. Protects and
promotes tidelands as a workplace for commercial fishing, shipping, passenger
transportation, boat building and repair, marinas and other activities for which proximity
to the water is either essential or highly advantageous.
And further:
(2)Purpose. 310 CMR 9.00 is promulgated by the Department to carry out its statutory
as defined in 310 CMR 9.02.
The general purposes served by 310 CMR 9.00 are to:
(a)protect and promote the public's interest in tidelands, Great Ponds, and non-tidal
rivers and streams IA accor'dancewith the public trust doctrine, as established by common
law and codified in the Colonial Ordinances of 1641-47 and subsequent statutes and case
law of Massachusetts;
(b)pre ery and protect the'rig tsuu n tidelands of the einhabita_nts a th Commonwealth
by ensuring that the tidelands are utilized only for water-dependent uses or otherwise
serve a proper public purpose;
(c)protect the public health, safety, and general welfare as it may be affected by any
project in tidelands, great ponds, and non-tidal rivers and streams;
(d) support public and private efforts to revitalize unproductive property along urban
waterfronts, in a manner that promotepublic use and ofthewater: and
(e)foster the right of the people to clean&air and water. ll'eedom from excessive and
unnecessary noise,and the natural,scenic,historic, and esthetic qualities of their
environmentunder Article C l l of=thee,Massachusetts Constitutioi .
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