HomeMy WebLinkAboutFebruary 15, 2022 A k ro T j k riy 4;
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Town and County of Nantucket 2022 MAR 18 AM 10: 22
ROADS AND RIGHT OF WAY COMMITTEE
Posted Meeting of
February 15, 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 4:00 pm. In attendance were Committee
Members Rick Atherton, Ed Gillum, Bill Grieder,Allen Reinhard, Rob Ranney, and Lee
Saperstein;there was a quorum at all times. Nelson (Snookie)Eldridge,Nat Lowell, and Phil
Smith were absent. All present responded to an attendance roll call. The meeting was recorded
and can be viewed on You Tube.
Supporter attending: Ken Beaugrand, Real Estate Specialist(4:10 pm).
B. Approval of the Agenda. The agenda was approved unanimously by acclamation.
C. Public Comments. None.
Allen Reinhard added a comment from the Chair: DPW has been busy since Stephen Arceneaux
was appointed Director. They have met and Allen Reinhard has begun to review with him the
Committee's concerns for maintenance and construction.
D. Minutes. Approval of the minutes from January 18,2022,was moved by Bill Grieder,
seconded by Rick Atherton, and approved unanimously by roll-call vote.
2. Ken Beaugrand Update on Road, Sidewalk,and Takings Projects.
Although slightly late to the meeting, Ken Beaugrand was able to give a brief but significant
report. The Finance Committee, he noted, has given positive recommendation to all the real
estate warrant articles offered by the Town and by private citizens: Articles 19 (10-12
Washington Street,the bus station), 76 (Home Rule Petition: Community Housing Bank Real
Estate Transfer Fee), and 85 through 105 (various) have all received a positive recommendation
from the Finance Committee. Articles 85 and 86 relate to ways to the coast from Eel Point Road
and are germane to the discussion in item 5. of the agenda.
3. New Transportation Planner Hired to Replace Mike Burns.
Allen Reinhard reported that the Town has hired Patrick Reed as its new Transportation Planner.
The Town has agreed to Patrick Reed's request to work remotely from his home in the Boston
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area as long as he makes scheduled visits to Nantucket. Lee Saperstein suggested that we invite
him to a meeting of the committee to discuss several key issues: the sidewalk memorandum,
rotaries, and re-building sidewalks among others. Bill Grieder emphasized the need for a
sidewalk at 57 Pleasant Street,which is in the memorandum on needed sidewalks sent previously
to the Town on November 20,2020 (attached) [Acti Allen Reinhard to ask Andrew Vorce
director of Planning,to arra gp`ftir Pafirick Reed to attend a future meet g of'the Committee on
R044s andI of Way] ,..
4. Chapter 91 Recommendation to the Select Board.
Allen Reinhard said that he had discussed with Rick Atherton and Town Manager, Libby
Gibson, his letter to the Select Board giving the Committee's general approval to the
recommendation by Representative Fernandes and Senator Cyr to add the word"recreation"to
the definition of permitted activities on intertidal lands. A copy of the letter has gone also to
Jason Bridges, Select Board Chair, and Erika Mooney, Operations Administrator.
Ken Beaugrand brought up an important legal point,which has not been discussed openly, and
that is the issue of damages for taking private rights from the citizen owners of the intertidal
lands. Traditionally,their ownership goes to the water's edge and includes the wetted lands.
The public's right to recreation would be a reduction in the owners' privileges for this land. Lee
Saperstein said that he used to teach his students about takings resulting from environmental law
and their legality. The Fifth Amendment to the Constitution(1791) says that"No person shall be
....(amongst other things)... deprived of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just compensation." Resolution of Ken
Beaugrand's concern could lead to lengthy legal proceedings.
5. Map Project, Chapter 91: Public Access Map Locations.
In introducing this topic, Allen Reinhard said that the Committee's goal is to create a single map
showing all access points to the beach: public ways, so marked; Chapter 91 access ways; "One
Big Beach easements that allow public access; and access ways on Nantucket's charitably owned
lands (Land Bank, Conservation Foundation, Mass Audubon, etc.)that are open to the public.
That map, he said, should be able to be condensed or expanded as needed to show details on the
one hand and an overview on the other. He noted that Phil Smith has been working with Nathan
Porter, GIS Coordinator,to assemble the needed pieces of this map.
Allen Reinhard told of trying unsuccessfully to search Town files for lists of access points. He
spoke with Eleanor Antonietti, former real estate specialist with the Town, for her understanding
of what exists in the files. She said that information appears in individual property deeds but that
she was unaware of summary lists. He noted that a summary list of"One Big Beach"easements
would give an indication of access points. Equally, a list of the 52 emergency access points
would also help. Rick Atherton reminded the Committee that these easements give the right to
enter designated beaches for the purposes of conservation or recreation but do not provide for
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driving on them unless specifically so permitted. Also,they may not provide access over private,
shore-front properties that abut these beaches. There followed an extended discussion of
locations with easements: East Tristram Avenue,other places along the north shore, Hulbert
Avenue and James Street, Surfside, and others. There was consensus that Nathan Porter should
be asked to coalesce beach access information onto one map that can be reviewed at our next
meeting. Ken Beaugrand seconded that by saying that he has asked Nathan Porter to mark all
public access points and publicly available access on the lands owned by Nantucket charities
onto a map. Allen Reinhard said that he would discuss this pro'ect with Jeff Carlson Director,
Natural Resources, and Andrew Vorce Director Plannin• 11,16rWrei7,A
4,0jkirc • g o s � « „ � • a ear'
pis • aAddatAla114 4 4614140e aLttla
a _ [Action Allen Reinhard Phil Smith.and Nathan Porter to
confer on what is sti l needed to create.an unified map. Allen Reinhard to confer with Jeff
Carlson nd„Andrew�`Vorce and.report on progressat F the next committee meeting]
6. Plan for Locating and Installing New Public Way Monuments. In a repeat of last month's
action, 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. There are six upright stones
and several flush stones still to be installed. The DPW did offer to help place them and Allen
Reinhard will renew that agreement with Stephen Arceneaux.
Allen Reinhard said that he would like to create a list of ways taken by the Town for beach
access in recent times and to supplement that list with one that shows ways to the water still to be
taken. Articles 85 and 86 of the forthcoming Annual Town Meeting show two ways to the water
on Eel Point that the Committee had not considered until now.
7. Old,New,and Other Business, and Member Comments,
Ed Gillum asked about Winn Street and its potential taking by the Town for use as a bicycle
route or path connector between the Hummock and Madaket Roads bicycle paths. Allen
Reinhard said that there has been no action on Winn Street and that he will re-send the
memorandum on takings (memorandum and spread sheet are attached to these minutes).
Because the DPW has been instrumental in selecting ways for taking, he will also inform
Stephen Arceneaux of the committee's actions [Action, Allen Reinhard to re-send these items
toFthe Select: oard and Town Manaagement,,also tolthe l)Pq j -._
Ed Gillum then asked Bill Grieder if there had been action in Madaket on the elimination of
encroachments along Washington Avenue. No, was the response; there have been legal delays.
6. Adjourn.
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Adjourn: The meeting was adjourned at 4:54 pm by consensus. The next meeting will be held
at 4:00 pm on Tuesday,March 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.
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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MEMORANDUM:
FROM: Nantucket Committee on Roads and Right of Way, Allen Reinhard,
Chair
TO: Libby Gibson, Town Manager, for the Select Board
Copy: Art Gasbarro, Chair, Traffic Safety Work Group, Stephen Welch,
Chair, Capital Program Committee, Andrew Vorce, Planning Director, and
Rob McNeil, Director, DPW
The Roads and Right of Way Committee has undertaken a project to identify critical missing
sidewalks and to make recommendations for sidewalks on Town properties where no sidewalk
currently exists. This creates situations where pedestrians are forced to walk in the trafficked
roadway. We have identified six specific areas in or leading to the downtown area:
• Prospect Street from the end of the multi-use path past the hospital to Joy Street, (then
repairing the sidewalk from Joy Street to Upper Vestal Street).
• The bicycle path/sidewalk connector to the Miacomet bike path beginning at the North
Mill Street entrance to Mill Hill Park,thence to Old Farm Rd.
• Pleasant Street from Gardner Perry Lane to Williams Lane.
• Cliff Road from the end of the multi-use path to connect with the sidewalk opposite
Coffin Park.
• North Liberty Street from Derrymore Road to Cliff Road.
• Lovers Lane bike path.
A discussion among Art Gasbarro, Andrew Vorce, Allen Reinhard and Lee Saperstein, with
suggestions from Rob McNeil, considered which of these areas had a plan and survey showing a
solution to create sidewalks or bike paths. We found that there are plans on file for three of these
areas: 1. Prospect Street to Joy Street; 2. The Mill Hill bike path; and 3. The Lovers Lane bike
path and road reconstruction,which was narrowly defeated at ATM. We also are aware of a plan
to connect the historic downtown area with mid-town via Pleasant Street and Sparks Avenue.
Based on this information, especially as plans currently exist for each of these four areas, we felt
the priority order of these projects should be as follows:
1. Pleasant Street and Sparks Avenue sidewalks including the missing section from Gardner
Perry Lane to Williams Lane.
2. Prospect Street/Mill Hill multi-use path through Mill Hill to Joy Street(the approved
Bracken Plan).
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3. Prospect Street sidewalk from the end of bike path to Joy Street and possible reconstruction
of sidewalks to Upper Vestal Street.
4. The multi-use path on Lovers Lane connecting Old South Road and Boulevarde.
Each of these areas has an existing survey plan available. Each of these connections would
greatly improve the safety of pedestrians and bicycles and traffic flow in these key areas.
We urge the Select Board to consider these plans positively and to develop funding resources to
implement these plans.
Allen B. Reinhard, Chairman
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Town and County of Nantucket
Committee on Roads and Right of Way
September 4, 2019
Nantucket Select Board
Via Town Manager Libby Gibson
16 Broad Street
Nantucket, MA 02554
Dear Members of the Select Board:
At its regularly scheduled and posted meeting of August 20, 2019,the Roads and Right of Way
Committee voted to add Stone Alley to its List of Potential Street Takings (Agenda Item 4.).
The committee members agreed that this action should have high priority and would be eager to
discuss it with the Board members.
Attached to this memorandum is a copy of the latest spreadsheet for the takings list and a copy of
draft minutes for the August meeting.
Thank you for your consideration of our recommendation.
Yours sincerely,
Allen Reinhard, Chair
Separate Attachments: August 2019 ROW Minutes; ROW recommendations for potential road
takings.
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POTENTIAL ROAD TAKINGS UST,As of November2020 .... - ' . I. Traversable Accesst .• .•
•
Road Status Public Use I Road links IPublic I by Public Traffic
Public(pub)or !of this Two Public Safety Emergency Abutters;Property ,Circulation!Other Benefits to the General
I. Order 1 Road I Private(pvt) :Road Roads ,Concerns ;Vehicles 'Requests!Including 3Patterns Public;Comments
b IdPv portion king w el provide apublic Tand 1
n at
•
'access around Quaker Cemetery to 1
•
!beach bike paths,which is a high
•
j 'priority.Private portion of Winn
J St.is narrow and this may affect
. 1WinnStreet pvt/pub !Yes !Yes Moderate Difficult !Yes No Moderate ability to rebuild it.
•
t i Drainage and maintenance
•
;problems;input from abutters;
;Somerset• I !DPW concerns that drainage fixes I
! •
Road/Friendship I j :should be comprehensive to be
2€Lane complex `pvt Yes ;Yes 'Moderate !Difficult Yes,%age No Light 'leffective. _
:A taking will provide public access
Ito New North Cemetery including 1
•
j .:control of parking alongside entry
3FranklinStreet .pvt !Yes :Yes !No 'Yes !Yes,Cern Yes Light !point. {
' .. ....
nding and
'Warren's Landing Light to .proof ofTown'scom�mitment
..... ... Eel
€ Letter;
4 Road pvt !Yes :Yes ;Slight !Moderate Yes,FLA !Yes !moderate :needed.
i
as'Amelia was private but h been
taken;Ticcoma(to Fairgrounds)is '
•
;public.Expanding commercial I
•
•
•
( !developments and narrow
roadways limit two-way traffic and{
•
•
• ( suggest that Improvements to
i •
{ these roads Is appropriate.The
3 :committee may wish to advise on•
;Amelia Driv• e and parking,trafice flow,and even
5fiiccomaWay pvt/pub .Yes Yes Moderate :Moderate lYes :No Heavy road widening.
Stone Alley is an historic
•
•
• pedestrianway captured in many
•
•
;historic paintings.It is used by
•
•
•
!residents on the alley and by
£ visitors to the island.Town
:maintenance would Improve the
•
•
look of the alley and increase its
i !safe use. e Select
•
•
•
!•
.6StoneAlley 'spvt 'Yes :Yes :Yes No !Yes No heavy revewingah taking actiondIs.
..
!Independent Way,formerly Coon
ISt eet,is an historic that,
:somehow,was left off the 1799
•
s •
listing of streets.Although a
' ;private way,the Town has•
•
•
maintained it and now suggests
•
•
•
•
;strongly that it should be taken as
7IndependentWay pvt !Yes !Yes !limited !Yes ?Yes I no Might a public way ,w,My.
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