HomeMy WebLinkAboutRight of Way Improvement Plan
ROADS AND RIGHT -OF - WAY COMMITTEE
Right of Way Improvement Plan
Proiect Outline Draft
Allen B. Reinhard, Chairman, Presented for discussion, September 18, 2007
SEP 21 '07 14:05
Nantucket Town and County Right-of-Way Improvement Plan
Following is an outline of the Right of Way Improvement Plan being developed by the
Nantucket Town and County Roads and Right-of-Way Committee (R&ROW). Included
are sixteen specific objectives and recommendations our committee feels will bring
clarity to road, right of way and public access issues within Nantucket County, and
educate the public regarding the responsibilities, rights, and privileges of the public to
pass over ways currently and historically in use in Nantucket County since its
incorporation.
This project outline will:
./ IdentifY each of the sixteen points contained in The Plan; ,
./ State the outcome to show this item has been achieved, or we have
decided not to pursue; ~
./ Provide an outline or list of steps stating what needs to be done in order to
complete the goal;
./ Provide a possible timeline for completing the project;
./ And any other comments or information to give direction and focus.
'1/'.'
The objectives and recommendations of the Right of Way Improvement Plan being
developed by the Roads and Right of Way Committee are to:
1. ClarifY which roads, ways, and walking paths currently in use in Nantucket
County are public, and which are private; and require that a map of these public and
private roads, ways, public access points, public property and private property open to the
public be made available.
.:. This is the keystone of our committee's Right of Way Improvement Plan. It is
essential that the Town and County know where all existing roads and ways
within the county are located and what their status is: public way, private way,
abutters way, proprietors road, county road, town road, country overlay, town
overlay, harbor overlay and legal status. Many existing proprietors roads and
ancient private and public ways laid out on old subdivision maps represent
property that is not on the tax rolls and poses liability and potential legal issues
for neighbors and/or the town. Some ofthese roads should be taken and
extinguished with the land being sold or transferred to abutters or designated as
open space or used for walking paths to create pedestrian links between island
areas. An accurate map showing known and used public and private ways
currently or historically in use within Nantucket County will serve as a basic
guide to the current road, right of way and public access situation.
.:. The intent of this section is to present known and used public and private
roadways, pedestrian paths and trails in Nantucket County on as accurate a map as
is possible so the public may know where they may legally pass and the Town
and County will be able to make policy decisions based on a clear knowledge of
the legal status of Town and County roads and rights of way issues.
A. Map presentation: Town GIS Dept. map showing known and used
public and private roadways, and pedestrian ways, paths and trails
B. Map would show public lands, and private properties where
public access is permitted, and public and private roadways
and paths used to access these properties
C. Public access points to beaches, ponds, moorlands and
plains
Resources: Nathan Porter, GIS coordinator for the Town would be the logical person to
oversee this project. Local surveyors, various Town departments and other public and
private organizations such as the Land Bank and Nantucket Conservation Foundation
could assist in assembling existing data and verifYing the status and existence of these
ways for accuracy.
Time Frame: Three to four months would seem to be a reasonable time frame to collect
this data on map layers in order to create a "definitive" map showing all existing public
and private roads, bicycle paths, walking paths, trails, abutters ways, proprietors roads
and other ways and public access points throughout Nantucket County.
2. Determine which private roads and ways currently access public property or
property open to the public and update the Priority Takings List on an annual basis.
.:. This item is related to Item# 1 above, but is included as a separate item because it
uses the data called for in the map item to improve the process now used to
develop the periodic "Takings List" used to identifY private roads and ways that
serve a public purpose and should be considered for taking as public roads or
ways. In past years, the "Takings List" has been based on anecdotal evidence. A
clear determination of which roads and ways are public and which are private will
lead to better long range planning to address community needs.
Time Frame: The R&ROW Committee can utilize this information as soon as it becomes
available as this committee is responsible for presenting its updated recommendations of
the "Takings List" to the BOS/CC on an as needed basis.
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3. Explain the history of roads and ways on Nantucket from trails used by natives
through European settlement to today' s system of public, private and paper roads. This
section will include definitions of proprietors' roads, 1799 Roads, abutters ways,
footpaths and an explanation of the public's rights and responsibilities when traversing
these ways.
.:. The outcome of this section is to prepare a booklet containing a brief history of
roads and rights-of-way on Nantucket, which could include a paragraph or page
on the following subjects:
A. Indian trails between settlements
B. Early colonists' road layouts and footpaths
C. 1799 roads
D. Proprietors roads
E. Land development and subdivision 1880-present
F. Abutters ways and alleys
G. 'Sconset footpath
H. 1975 Road Takings
I. 1996 ATM Warrant Article 33 passed unanimously "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."
Public access: Issues, Rights and Responsibilities
A. Water rights for fishing, fowling and navigating to low water
B. Public use of private lands on Nantucket
C. Chapter 91 waterfront uses and public access
D. Determining historic coastlines
E. Uncompleted road and right of way takings 1880-present
F. Completed road and right of way takings 1880-present
G. Introduction of GIS technology and tax mapping
Such a booklet or pamphlet would clarifY for the public these essential terms and
explain how they came about. Few people know what a proprietors road is or what
rights, if any, the public has to pass on a private road. These and other right of way and
public access questions can be answered for the public benefit and would be in keeping
with preserving and sharing Nantucket's history of public access.
Resources needed: This section requires someone to do research on the above items and
put it into booklet or pamphlet format. Two choices present themselves, hire a
professional such as Betsy Tyler, Frances Karttunen, or Nancy Newhouse to do the
research and do the writing. The R&ROW Committee has a budget of up to $4500 for
development of this ROW Improvement Plan. An alternative would be to solicit
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volunteers to do the necessary research and write the separate pieces. James Grieder and
Aaron Markovich come to mind as possible volunteers and I am sure there are others who
might welcome the chance to work on a piece of this project. One person is needed to
coordinate and oversee this section and be responsible for the final product in whatever
form it may take. The Atheneum and the NHA would also be available resources and
-could be engaged to participate. The key is a point person to oversee and pull this section
together.
Time Frame: Finding a leader to take on the oversight role will determine the time
necessary to complete this section of the plan. Three months seems a reasonable time
once a coordinator can be found and the decision made as to how best to proceed.
4. Present a plan for a system of pedestrian walking paths, trails, and roadways
connecting public, and private lands open to the public in Nantucket County.
.:. This is another key element of our ROW Improvement Plan, which will improve
public access, especially pedestrian access by footpath and trail systems, to
Nantucket County's landscape, beaches and ponds. Nantucket has a long history
of random walks across its heathlands, glacial moorlands, coastal plains,
wetlands, creeks, marshes, ponds and beaches. "Rantum Scoots" or walkabouts
were outlawed on Sundays in the late 1600's because it was felt these random
walks without specific destination were a sign of dissipation.
A basic network of walking path and trail systems leading from Madaket at the
west to Great Point and Coatue in the east already exists. Nantucket's largest
landowners, the Nantucket Conservation Foundation, the Nantucket Islands Land Bank,
Massachusetts Audubon Society and the Trustees of Reservations, along with the Town
and County of Nantucket own over fifty percent of the island. All of these open space
properties contain existing and potential trail and road systems. The Conservation
Foundation, Land Bank and Trustees of Reservations publish maps showing these trail
and road systems. A plan linking these trail and walking path systems with existing
bicycle paths and public ways would lead to such community benefits as
1. Increased knowledge of history and uniqueness of island landscapes
2. Health benefits of increased walking to general public
3. Economic benefits to community and quality of life
Resources: The chair of the R&ROW Committee has been exploring such a network of
walking paths and trails for several years and can work with the various agencies and
landowners to develop a county wide map overlay that reveal such a system. Again, the
Planning Office and the Town's GIS Department would be key participants in the
completion of this section.
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Time Frame: Again, two to three months should be adequate to develop this section of
the plan.
5. Mark all public ways and access points to beaches, ponds and public lands with
uniform monuments inscribed "Public Way".
.:. Completed when: Item will be accomplished when public ways and access points
shown on the map from Item# 1, have in place a monument or other appropriate
marker embossed with the inscription "Public Way".
.:. To accomplish this item: the public ways will need to be defined and locations for
the markers must be agreed upon. The markers themselves will need to be
constructed. I believe that Albert Ottison or other long-term Town employees
may recall the system of wooden molds and concrete used to create existing
monuments in place around the island. Three current examples are the markers at
the end of the pavement at Washing Pond Road, the Madaket Harbor end of North
Cambridge Street, and the way off Millbrook Road to Head of Hummock Pond.
The task of creating these monuments could be assigned to the DPW, and
placement at the agreed upon points could be done by the DPW with the
assistance of the Land Bank or the Nantucket Conservation Foundation or other
organization with the willingness and expertise.
Considerations: Perhaps not all ways need to be marked. The intention is not to overload
the countryside with markers. Ultimately, the County Commissioners/Board of
Selectmen will make the final decision as to where bounds and markers will be placed.
Our committee will offer a list of specific locations once a "definitive" county map is
available from the GIS Department. Other interested departments such as Planning
Department, fire, police, Harbor Master, DPW, and others can provide guidance as to
placement of markers and accuracy of maps. Someone will need to assume responsibility
for oversight, communication and completion of this project.
6. Mark public roads, especially in rural areas, with uniform monuments with road
name.
.:. Scope of project: This project could be combined with item #5 as the physical
work and layout decisions overlap. Many of the county roads and rights of way
are not marked or are marked with buried boundary posts. Discrete markers with
road names would assist emergency personnel and the public with accurate
locations in remote or rural areas of the island. This proposal is included as a
separate item because is requires a second set of decisions regarding whether and
where such markers should be placed. The Historic Districts Commission should
be consulted regarding consistency of signage across the island and
appropriateness of proposed monuments.
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The following items are recommendations our committee feels will strengthen the
public's right to access public property and improve the Town and County's
oversight of its roads and public ways:
7. Require an annual budget for maintenance and oversight of public ways and
future County takings of private ways where appropriate.
.:. This item is a recommendation from the Roads and ROW Committee based on
our observations that planned work and projects such as takings, and clearing and
mowing of public ways such as roadways, sidewalks, bicycle paths and footpaths
is often not completed because funds have not been budgeted for such
maintenance and oversight of public ways, and for survey, legal and title work
necessary to complete future taking of roads and ways as recommended by local
boards and commissions. Our committee feels it is important for the Town and
County Administrator/Manager to allocate funds specifically earmarked for these
projects.
8. Include access and maintenance of the island's public and historic cemeteries in
the budget for Right of Way issues and maintenance.
.:. There are fifteen cemeteries on Nantucket. There is currently no regular plan for
maintenance and access to these historic locations. An example is access to the
Founder's Burial Ground off Cliff Road. This important historical site became
landlocked when adjacent land was sold and subdivided into house lots. The only
public access was across an easement of the Bigelow property at 200 Cliff Road.
Because no funds and no maintenance plan were in place, there has been no way
for the public to access this site without trespassing on private property. Our
committee has worked for the past several years to focus attention on this issue
and has relied on volunteer efforts and Land Bank resources to provide proper
public access to this important historic burial ground. The NHA and the
Cemetery Commission Workgroup are currently mapping and determining the
condition and access to these cemeteries and burial grounds.
.:. Our committee recommends the Town and County commit resources to provide
access to and maintenance of these important historic properties. The BOS
through its appointed Cemetery Commission Workgroup and the DPW can see
that access and maintenance are properly overseen.
9. Encourage planners and Town and County officials to consider pedestrian and
public access as primary issues when reviewing new development and land acquisition
projects.
.:. This directive to planning officials would implement the unanimous 1996 Annual
Town Meeting vote (Section 3, I, above) to make sure the planners, regulatory
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boards and commissions, and other officials who make decisions regarding public
access and right of way issues to give priority to these issues as they make their
decisions.
.:. Our committee recommends the BOS/CC, through the Town Manager, establish a
clear policy statement regarding public access and right of way issues. We
believe raising the importallce of these issues will benefit all community
members.
10. ClarifY and explain the Chapter 91 waterfront issues and licenses issued to date
regarding public access.
.:. This recommendation could be included in the booklet or pamphlet recommended
in Section 3. Many questions have been raised through the recently adopted
Harbors Plan relating to Chapter 91 license procedures and public access issues.
.:. Our committee feels that an explanation of the Chapter 91 laws as they relate to
public access should be available to the public in order to foster better community
understanding as these issues come before regulatory bodies.
11. Develop a plan to bury utility lines and service cables throughout the island.
.:. For over twenty years, utility companies have been collecting a surcharge to bury
all utility lines within the town core district. All utilities, except Verizon's
telephone lines. are now buried. The only reason the poles remain in the core
district is Verizon's claim they have not collected sufficient funds. The fmance
director is currently asking the company to account for funds collected in an
attempt to fulfill this voter mandate. The larger issue is an island-wide look at the
possibility and cost of burying utility lines, service cables and other utilities
throughout the island. An overall look at the island's infrastructure including
roads, easements, utility corridors could result in a plan to deal with these issues.
.:. Once such a plan is developed by planning, emergency, utility, and other
interested officials, it could be used by the planning board and other regulatory
bodies to implement these island-wide improvements.
12. Create and fund a full-time Town/County Surveyor/Engineer Position to layout
and plan roads, footpaths, and other public ways.
.:. This item has been proposed by the planning director and is strongly endorsed by
our committee. The Town and County spend many thousands of dollars for
survey work. Often, local surveyors have conflicts of time or interest before
taking on municipal work. Before the county can layout a roadway or footpath,
such as the current Miller Lane proposal, or take private roads such as Boulevard
and roads leading to the airport, a survey and legal work must be completed.
Often projects are held up because survey work has not been completed.
.:. Our committee feels that the Town should hire a surveyor, if possible with
engineering background, to expedite Town and County projects. We feel
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establishing such a position will ultimately result in cost savings for the Town and
will benefit the community by providing better service in the completion of Town
projects, and will protect the public's rights of access.
13. Create Town/County Right of Way Coordinator position.
.:. The Planning Director will submit a budget item and job description for this item.
14. Establish a policy and procedure regarding utility cuts and crossings on public and
private roads. A right-of-way permit office could oversee permitting and inspection of
utility work that impacts Town/County roads in order to guarantee road cuts and repairs
are up to Town/County standards and remain so for at least two years.
.:. This item has recently been completed by the Board of Selectmen. In August of
2007, the BOS voted to implement a licencing policy and procedure to address
cuts in road surfaces throughout the county.
15. Develop descriptions and a set of maintenance standards for various classes of
public and private, paved, dirt and sand roads with authority given to enforce these
standards.
.:. The Board of Selectmen has adopted this as one of its goals and objectives for the
current year.
.:. Our committee will follow progress on this issue.
16. Explore the possibility of creating a harbor walk on Town property on Nantucket
Harbor.
.:. The Board of Selectmen has adopted this as one of its goals and objectives for the
current year.
.:. Our committee will follow progress on this issue.
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