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HomeMy WebLinkAbout2006-07-12 ROADS & RIGHT OF WAY COMMITTEE MINUTES July 12, 2006 A meeting ofthe Roads & ROW Committee was called to order at 4:08 p.m. in the conference room at 2 Fairgrounds Road by chairman Reinhard with members Charles Sayle III, Don Visco, Harvey Young, Sylvie O'Donnell, and John Stackpole present, and guests Michael Burns, Andrew Vorce, Bill Sherman, Jean Sherman, Debbie Deely- Culbertson, Maureen Beck, and one other Surfside resident in attendance. g -1 ,~. The meeting began with a discussion of the Tennessee Avenue taldjigs in ~ Madaket. Because a new map and plan could not be drawn to reflect the ~ing deci~n of the County Commissioners within the thirty-day time limit imposed by'tJj.eir vote,"lhe Tennessee A venue takings process must start again. A notice of viewing has been s~ to abutters and posted for 10:00 am. at Tennessee A venue and Oakland Street on . . .t::.. Wednesday, July 19. A formal hearing will be held at 7:00 p.m. that evening. N Debbie Deeley-Culbertson, a Tennessee Avenue resident was present to express her concerns about taking the unpaved portion of Tennessee Avenue as a public way. Her concerns dealt with faulty maintenance, increased use by police A TV's and altering the character of what has always been a quiet country lane. Chairman Reinhard pointed out that our committee was concerned with right-of-way issues, especially guaranteeing public access to public property, which is clearly the case with Tennessee Avenue and the portion ofK Street included in the committee's petition for taking these ways. Taking these roads as public ways guarantees future public access. The committee voted unanimously to urge the County Commissioners to take all the ways shown on the original plan including the unpaved portion of Tennessee Avenue and K Street from Tennessee Avenue to the Town owned public land on Hither Creek. Chairman Reinhard will speak at the public hearing to convey the vote and recommendation of the committee. The right-of-way to the Old Settlers Burial Ground was then discussed. The owner of the former Bigelow property on Cliff Road has stripped his property of vegetation through the twenty-foot way along the eastern edge of his property. Committee members Reinhard and Stackpole met independently with the owner to discuss the situation. After discussion of the committee it was decided that members Reinhard and Stackpole would meet with the property owner again to work out a plan of access to the cemetery through Land Bank and Anglers Club property to the cleared area of the right of way and into the cemetery parcel. This plan should provide definitive access to the cemetery. At this point, the minutes from our meeting of May 17, 2006 were read and approved with the correction that the committee voted to urge the County Commissioners to connect First Way and Bacus Lane. Andrew Vorce is drafting the letter. The situation at Indian Avenue (Steps Beach) was discussed next. Steps Beach is now a public way. The necessary papers and plan were filed in a timely manner. This is a major accomplishment for the Town and the Right-of-Way Committee in that it " . " 2 guarantees public access from Lincoln Circle to the beach in perpetuity. On July 1, a special duty officer was hired by the Zubrow's, an abutter to Indian A venue, to keep people off the private beach. The officer was misinformed and kept the public from passing on the newly acquired public way. Chief Pittman corrected the problem by properly instructing the off duty officer that Indian A venue is a public way and passage of the public can not be denied. There followed a discussion of a plan for takings of public ways in Surfside. This plan had been brought to the attention of chairman Reinhard by Planning Director, Andrew Vorce to discuss road and right-of-way issues. Mr. Vorce presented the plan to the committee for discussion and consideration. Several Surfside residents were present and commented favorably on the plan. A history of development of the plan was reviewed. After further discussion the committee agreed that significant benefit to the Town would come from additional guaranteed, uncontested public access to the beaches at this portion of Surfside. Property owners would benefit from the above, and resolution of legal issues regarding liability and title problems relating to the existence of paper roads which would be extinguished in some cases with property being transferred to abutters and reinstated on the tax roll. The committee voted unanimously to send a letter of recommendation urging the Board of Selectmen to direct all necessary parties to meet and resolve any outstanding issues concerning this part of the Surfside plan of takings. It seems that all parties are aligned and in agreement that a final resolution establishing public rights-of-way to one of the most desirable beach areas of Nantucket is in the best interests of the property owners, the Town, residents of the area and the community at large. The chairman will confer with Planning Director Vorce to frame the letter. The Miller Lane proposal was discussed next. The plan for this six acre parcel has not been drawn yet and cannot come before the Selectmen until the plan of taking is laid out. After much discussion concerning whether a road should be laid out connecting Old South Road to the airport instead of the walking path between Little Isle Lane and Old South Road it was voted to endorse and recommend the Selectmen accept the plan showing a walking path. It was felt that laying out a forty foot road in this corridor would be impractical because there has been no call for such a roadway to be established, such a plan would generate unnecessary diversion of energy from other islandwide problems, and laying out a walking path at this time does not prevent the Town from laying out a road in this corridor at some future time if the need presents itself and funds become available. A plan for a walking path at this time gives the public access to this piece of public property and could become a useful transportation corridor for pedestrians and bicycles as well as providing a public amenity on what is now becoming a dumping ground. The committee voted four to two to recommend the Board of Selectmen accept the layout of Miller Lane as proposed. East Creek Road was discussed next. A property owner on East Creek Road has planted Rosa Rugosa in the Spruce Street right-of-way where it connects to East Creek Road, a private way. The chairman and Planning Director spoke with an abutter regarding the situation. The chairman spoke with the chair of the Conservation 3 Commission and was told that the Con Com could issue an order to remove plantings from a public way if a complaint was filed. It was decided that more information should be obtained and committee members should view the site to see what action our committee should recommend. It was also decided that East Creek Road should be considered for inclusion on the next update of our recommended takings list as this private road is the primary access to Our Island Home and connects Orange Street and Spruce Street, both public ways. Squam Road was then discussed. The neighbors have greatly improved the condition of Squam Road by cutting back the brush and grading the road. Residents of the area have requested that Squam Road be taken off the takings list and cite the work they have undertaken to improve conditions on the road as evidence that the neighborhood is capable of maintaining the road and addressing public safety issues. The remaining issue is the split rail fence constructed in the private road layout which eliminated the two parking spaces available at the head of the public way leading from Squam Road to the beach. Neighbors are working to address this situation. Residents strongly expressed the concept that the character of rural roads could best be maintained by neighborhoods, and, as long as there are no public safety or access issues neighborhoods should control and maintain private roads. The meeting adjourned at 6:05 p.m. Respectfully submitted, Allen B. Reinhard, Acting Secretary ()/l ~ . (lJaJ ROADS & RIGHT OF WAY COMMITTEE AGENDA July 12, 2006 1. Approval of minutes from May 17, 2006 2. Discussion of Tennessee Avenue takings 3. Discussion of Old Settlers Cemetery right of way 3. Discussion oflndian Avenue taking (Steps Beach) 4. Discussion of Surfside beach access and ROW issues 5. Discussion of Miller Lane proposal to come before county commissioners 6. Other business 7. Adjourn ROADS & RIGHT OF WAY COMMITTEE AGENDA July 12, 2006 1. Approval of minutes from May 17,2006 2. Discussion of Tennessee Avenue takings 3. Discussion of Old Settlers Cemetery right of way 3. Discussion of Indian Avenue taking (Steps Beach) 4. Discussion of Surfside beach access and ROW issues 5. Discussion of Miller Lane proposal to come before county commissioners 6. Other business 7. Adjourn