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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. -" .p.. Discussion followed reviewing items from the August 24 Issues Update list. ::;:::. ,0 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. 2 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. 3 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 f-(Ll~ 4 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