HomeMy WebLinkAbout2006-10-20
ROADS & RIGHT OF WAY COMMITTEE
Approved MINUTES
October 20, 2006
Call To Order. A meeting of the Roads & Right of Way Committee was called to order
by Chairman Reinhard at 2:02 p.m. in the conference room at 2 Fairgrounds Road with
members Harvey Young, Donald Visco, Sylvie O'Donnell, Charles Sayle III, John
Stackpole, Nat Lowell, and Allen Reinhard present. Also present were Planning Director
Andrew Vorce and Peter Brace from The Independent.
Minutes. The minutes from our meeting of July 12, 2006 were approved followin~
discussion of the situation of plantings in Spruce Street adjoining East C~kRoad. It
was agreed that the committee would monitor the situation. With a plan fOr a drai~e
system along East Creek Road, the encroachment should be removed. -"
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Discussion followed reviewing items from the August 24 Issues Update list.
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Tennessee Avenue and other adjoining Madaket Road takings are complete. The ctunty
Commissioners voted to take the full plan as recommended by the Roads & ROW
Committee including the portion of K Street leading to Town property on Hither Creek.
The paper work was timely filed and these are now officially public ways.
Old Settlers Burial Ground. Negotiations are currently under way with the property
developer at 200 Cliff Road to remediate the damage done by clearing a portion of the
public way, which provides access to the burial ground. Committee members Stackpole
and Reinhard will continue to press for a resolution of the encroachment and proper
access to this important historic site. Members of the newly formed Cemetery
Commission Workgroup and the Nantucket Historical Association are also involved.
Eel Point Road. The chairman stated he had discussed the possibility of property
owners granting a voluntary easement over the private portion of Eel Point road with
Dick Bellevue, President of the Eel Point Association. Bellevue said he would discuss
this matter with neighbors on Eel Point Road. A second situation relates to a way
opposite Ranger Road off the public portion of Eel Point Road. It turns out that this
"way" was never taken or laid out as a way by the Town and has no status as a public
way even though this path has been used by neighbors for years and has a "public way"
bound marker which was used by a previous owner as a driveway marker. Planning
Director Vorce is working to create a path across Town land adjacent to this area that
would provide access from Dionis Beach to Eel Point Road where it would connect with
an existing trail system.
Smooth Hummocks Road. The Committee discussed the condition of this private dirt
road, which is on our Priority Takings list. It was decided to contact John Bartlett, an
abutter, to see if he would be willing to improve the condition of this road while the
committee seeks to assess the urgency, and willingness of the county to take this road.
East Creek Road. Discussion centered on the storm water drainage system that is
planned for East Creek Road, also known as "Way to the Creeks" on old maps. Our
committee has recommended that this private way be laid out and taken as a public way
because it serves as the sole access to Our Island Home, and it connects two public ways,
Orange Street and Spruce Street. Our committee will also monitor the removal of
plantings placed in the Spruce Street layout by an abutter on East Creek Road.
Washing Pond Road. Planning Director Vorce said that only two property owners have
not signed off of the voluntary easement grant for this road taking. He suggested that we
recommend the County proceed with the taking with the signatures in hand. A motion
was made and duly seconded to recommend that the County Commissioners proceed
with the taking of Washing Pond Road. The motion passed unanimously.
Spruce Street. Chairman Reinhard reported that Mr. Lang has built a gate on the portion
of land traded by the Town even though the Land Court has not signed off on the final
papers resolving the property transfer. Planning Director Vorce said the DPW could
now remove the fence and vegetation blocking the way. He said he would call
Director Willett on Monday to arrange this work.
Surfside Takings update. Chairman Reinhard reported that the "Surfside Six" property
owners were unable to reach agreement among themselves for a plan to implement the
"One Big Beach" program. The Selectmen have voted to proceed with the taking of
ways in Surfside under authority of Article 1 at A TM 2003. Once these takings are
complete, the Town will be in a stronger position to determine the best use of the rights
of way in Surfside.
Miller Lane Discussion. Special Town Meeting warrant articles 13 and 25 both deal
with the proposed plan for a walking path and future use of this six acre Town owned
property. The Roads and Right of Way Committee's interest and intent for this property,
at this time, is for the Town to layout and establish a walking path/bicycle trail from Old
South Road to Airport Road. If, at a future time, the Town can make a convincing
argument for laying out a road through this eighty-foot wide corridor, it is our intention
than no part of Miller Lane shall be transferred without this public access corridor being
guaranteed in perpetuity. This easement from Old South Road to Airport Road must be
maintained through any transfer or use plan for this property. In all cases, pedestrian
access must be a part any use of this property. The issues of affordable housing, zoning,
and other uses for this property are beyond the scope of our committee. Our role in the
forthcoming debate is to guarantee public access through this publicly owned corridor.
Mill Hill Lane. Committee member Stackpole brought attention to the overgrown
condition of Mill Hill Lane, especially as it proceeds from Joy Street. Planning Director
Vorce provided the information to look up the deed (Book 119, p. 531, dated May 7,
1960) and determine road layout and ownership issues in this area. The committee will
try to find a volunteer to research ownership, public rights of way, and maintenance
issues in the Mill Hill Park area.
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Right of Way Improvement Plan. Next, we discussed the objectives of the ROW
Improvement Plan. So far, we have identified eleven "objectives and recommendations"
that will comprise the Plan. The chairman asked committee members to look over the list
and see if there are other items or ROW issues our plan might address. A target date for
pulling this plan together for presentation to the County Commissioners is Mayor June
2007. Much research needs to be done for certain key areas of the plan, especially
defining proprietor's roads, paper roads, abutter's ways, etc. and the rights and
responsibilities of property owners and the public regarding public access issues. If
successful, one outcome of the Plan will be to clarify ROW issues throughout the island
and focus attention on public access to beaches, ponds, conservation areas, cemeteries
and historical sites island-wide. Other items such as marking public access points and
ways, requiring a map of these ways, mapping existing trail systems, and providing for
underground utilities should provide community benefit.
Supplemental Budget Request. The chairman announced he had requested $4500 as a
supplemental budget request to underwrite development and implementation of our Right
of Way Improvement Plan. All accounting and disbursements from this budget, if
approved and funded by the taxpayers, will come before the committee for discussion and
approval.
Village Way otTPocomo Road. Two citizens raised the question of public access and
ownership of a private road known as Village Way in the Pocomo area. The chairman
had visited the site and discussed the situation with two abutting property owners.
Planning Director Vorce clarified the status of Village Way as a private road providing
no public access to the beach. It is possible that neighboring property owners may have
some deeded right to access through this private way. Questions of adverse possession
and construction and maintenance of stairways are neighborhood issues. Our committee
will monitor right of way issues in this area.
Cathcart Road. Committee member Visco raised the issue of encroachments along
Cathcart Road leading to Land Bank property on Nantucket Harbor. The DPW cleared
brush from Cathcart Road, a public way, this spring. The split rail fence installed in the
road layout by an abutting property owner has still not been addressed. Travel over this
public way is impeded by this encroachment and poses a public safety threat to
pedestrians and vehicles. The committee VOTED UNANIMOUSLY to send a letter to
the County Commissioners asking them to take whatever steps necessary to remove
encroachments along Cathcart Road so as to improve the safety of travel while
maintaining the character of this public way.
Polpis Harbor Access. The committee discussed the condition of the access road to east
Polpis Harbor offPolpis Road at the comer ofWauwinet Road. Many scallopers use this
landing to launch their boats. The Land Bank owns the Craig Holly Farm property and
parking area at the end of this road. Passage is difficult and poses a safety hazard. The
road needs to be graded, filled in places, and the brush needs to be cut back. The
chairman will contact County Commissioners and the Land Bank to assist in getting this
work done.
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Ticcoma Way and Amelia Drive. The Planning Director briefed the committee on
progress of improvements to Ticcoma Way and Amelia Drive. These improvements
should improve traffic flow throughout this rapidly developing area. Our committee will
follow development in this area with regard to public access and right of way issues. As
the mid-island area develops, it is important that committee members look for public
access and open space opportunities as development plans are submitted and reviewed.
We will work closely with the Planning Director and other officials to assist in public
right of way issues.
Adjourn. The meeting was adjourned at 3:58 p.m.
Respectfully submitted,
Allen Reinhard, acting secretary
Approved by unanimous vote April 17, 2007
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ROADS & RIGHT OF WAY COMMITTEE
I. Approval of minutes from July 12, 2006
2. Discussion of items from August 24, 2006 Issues Update
A. Tennessee Avenue: Completed
B. Old Settlers Burial Ground: Under way
C. Eel Point Road: ?
D. Smooth Hummocks Road
E. East Creek Road
F . Washing Pond Road
G. Spruce Street
3. Surfside Takings update and discussion
4. Miller Lane Discussion
5. Right of Way Improvement Plan: Contents and timetable
6. Supplemental budget request for $4500.00
7. Other business:
A. Mill Hill Lane
B. Village Way offPocomo Road
8. Adjourn
AGENDA
October 20, 2006