HomeMy WebLinkAbout2012-12-18 Town and County of Nantucket
COMMITTEE ON ROADS AND RIGHT OF WAY
Meeting of 18 December 2012
4:00 pm in the Training Room of 2 Fairgrounds Road
APPROVED MINUTES
1. Call to Order,Agenda,Approval of Minutes,Future Meetings
A. Chair Allen Reinhard called the meeting to order at 4:04 pm. In attendance
were Joe Marcklinger, Sylvie O'Donnell, Allen Reinhard, Chair, Lee Saperstein,
Secretary,and John Stackpole. A quorum was present. Z o
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Not present were D. Anne Atherton,Nat Lowell,and Bert Ryder. s
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There were no changes to the published agenda. r N
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B. The acceptance of the minutes from November 20,2012,was mtved§r Jgaa,
Marcklinger and seconded by John Stackpole and approved unanimously. z ,._. o
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C. An opportunity for comments from the public was given in the pRlicFnotice of
the meeting but no guests were present at this meeting,hence no comments
D. The next meeting of the Committee will be January 15,2013.
2. Announcements from the Chair.
Allen Reinhard, Chair,announced that he and Secretary Saperstein attended Open
Meeting Law seminars conducted by Town Counsel on Thursday, December 6t. The
sessions were lengthy and included some actions that should be taken by all committees:
• All meetings should be preceded by a formal meeting notice that is posted in two
places at least 48 hours ahead of meeting time(with the hours counted only in
working days, i.e. not weekends and holidays). One posting should be the Office
of the Town Clerk and the other is the Town's web site. The Meeting Notice
should be inclusive enough for a member of the public to know if he or she
wishes to attend. Our agenda is now titled as"Meeting Notice and Agenda"to
conform.
• Any discussion or deliberation between two or more members of the Committee
is subject to the Open Meeting Law. This means that social meetings of
committee members should refrain from making statements about what should be
done by the Committee but should, instead, suggest that an item of interest
should be put on the agenda of the next meeting where deliberations can be held
and decisions made openly. E-mail discussions are subject to the Open Meetings
Law and,therefore, should be avoided.
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• Lee Saperstein noted that subcommittees are subject to the Open Meetings Law
and that we did the correct thing with the organization of the `Sconset Bluff
Footpath Subcommittee by providing full agendas and minutes for each meeting.
In future, if we desire to present a supplemental oral report to the Board of
Selectmen at which more than one committee member is in attendance there
should be a public notice of a meeting of the Committee so as to allow
Committee members the opportunity to discuss the report with the Board.
• Meeting notices may be sent to the Town Clerk electronically while a physical
copy of the Minutes should be sent there.
• A quick summary of the rules is"use your head"and, if in doubt,check.
3. Open Space Plan Update.
Allen Reinhard is pleased with the progress achieved by the consultants, Brown
and Walker and Nick Holland, Land Use Planner, to this date. He displayed a map
created by the consultants as an overlay of the USGS topographic sheet of Nantucket that
showed all available open-space lands controlled by the Town, the Nantucket
Conservation Foundation, and the Nantucket Island Land Bank, among others. The map
shows walking trails across all of these lands trails as well as the established public ways
on the Island. He received the map at a meeting conducted by the Consultants and
attended by representatives of all of the groups listed above plus the Nantucket Land
Council. He continues to be excited by the potential that can be generated by the report
particularly for a system of integrated walking trails that transect the Island. He noted
that 47 percent of the Island is controlled as open space and that other unbuildable sites
such as the airport and DPW or Water Company sites bring open space to 62 percent.
Allen Reinhard believes that the consultants are still on target to finish in January.
Lee Saperstein asked if there will be a public presentation of the revised Plan. Allen
replied that this is not known but he will take it up with Andrew Vorce as a good idea
[ACTION: Allen Reinhard to meet with Andrew Vorce]. He does intend to present the
Plan formally to the Board of Selectmen. Lee Saperstein suggested that we formulate, if
appropriate, a Committee role after the plan is finished. Perhaps, he suggested, we could
serve as a coordinating body among the land owners. This may help us to achieve an
amicable creation of a map of three main, cross-Island trails, with significant branch trails
also shown. Individual land holders already have maps for their lands but we could help
them to generate cooperative linkages.
4. Town encroachment policy.
The Committee has been reviewing and revising the Town's Encroachment Policy
since asked by the Town Manager for such a review. The last changes were made at the
November meeting and are incorporated in a final version attached to these Minutes
[ATTACHMENT]. It should be stressed that this version is final only in terms of the
Committee deliberation. Allen Reinhard has met with Kara Buzanoski, Director of the
DPW, who promised to review it with key members of her staff. Once that review is
complete,we will present the package to the Town Manager for presentation to the Board
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of Selectmen. Joe Marcklinger, who has been instrumental in drafting the revisions,
asked if the Director of Planning and Land Use Services should be informed early in the
steps of presentation. Allen Reinhard agreed that he should and will coordinate a
presentation to Andrew Vorce [ACTION ITEM 2 between Allen Reinhard and Andrew
Vorce].
5. Nantucket Railroad Trail project update.
Allen Reinhard introduced the topic of the Railroad historic trails and suggested
that the research revelations are intriguing. The Railroad was conceived and built in a
period of some economic depression that led to spotty documentation of the history of the
Island. Much of the source material is available in files and the time is ripe for its
integration and publication. He talked about the parallel history of the Warmacomet
Water Company by Fran Karttunen. Again, the files of the Water Company are replete
with material associated with its early history but, until now, no one had assembled it into
a comprehensive history.
Joe Marcklinger said that the Water Company holds Swift's original surveying
notebooks for the railroad layout. It is believed that this material has been digitized; Joe
Marcklinger will go to the Water Company to ask for a copy of the disk and see if he can
extract the surveyor's books from it.
Joe Marcklinger and Lee Saperstein presented additional progress including a
digital map [ATTACHED] of the two routes. Lee has created a spread sheet of properties
that will help us to identify potential walking trails. While a majority of the old roadbed
is on public or publicly accessible lands, we must respect the fact that significant portions
are on private land. Allen Reinhard said that the Nantucket Conservation Foundation is
planning for fire breaks across its open land and that the Railroad could be used both for
• a trail and a fire break in the southern moors. He also mentioned that the Dave's Street
section is protected by an easement and, after the property is redeveloped, will be used as
a walk. Apparently, a portion of the old Maria Mitchell Aquarium is a ticket office from
the Railroad and is proposed as a bus shelter at this location. Lee Saperstein reported that
the road bed is not exactly coincident with the paper and actual roads that parallel it; this
is because the roads were laid out to provide access to the road bed for maintenance and
repair. In areas where there is doubt on ownership, research will be done on the land
deeds.
Lee Saperstein suggested that the next steps should be designation of those
segments suitable for marking as a trail and then seeking permission for such from the
land owners: Town, Land Bank, and NCF. Joe will continue to refine the map against
old and new aerial photographs and the Sanborn Maps. Lee will create a referenced
report that summarizes the work done.
6. WPI Report"Evaluating Private Roads on Nantucket."
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As part of their senior design project for the Worcester Polytechnic Institute
(WPI), six student groups are doing projects for the Town. The report of "Evaluating
Private Roads on Nantucket" was previously distributed to committee members. Allen
Reinhard gave a summary of this report. The report assesses 38 private roads that have
been identified by the Fire Department as known trouble spots. The students obtained
information from the DPW, who acted as their on-Island sponsors, from Allen, from fire
fighters, and from others. The fire fighters presented issues of accessibility on private
roads that were captured in the report. The DPW gave them values for the cost of road
maintenance and road repair. The students created matrices of priority for road repair
and restoration. The total report is 72 pages and contains a substantial amount of
information. Lee Saperstein suggested that their criteria for ranking needed repairs
parallel our interpretation of ways that might be eligible for candidacy for public repair,
i.e.takings.
7. Additional Old, new,and other business. There was none.
8. Adjourn. The agenda having been completed at 4:58 pm, adjournment was by
acclamation.
Next meeting: January 15,2013,4:00 p.m.,2 Fairgrounds Road training room.
Appendix: The Roads and Right of Way Committee Outstanding Projects List.
Nantucket Open Space Plan Update,
Nantucket Greenway and Footpath System,
Nantucket Town Sidewalk Survey with recommendations:
First Way Pedestrian/Bike Access and Road Improvement Safety Project,
Installation of sidewalk from Prospect St. multi-use path to Upper Vestal Street,
Bike path linking Surfside, Hummock Pond and Madaket Bike paths via Mill Hill,
In Town Bike Path from Washington St. Ext to Rotary,
Spruce Street viewing platform,
Harbor walk;
Publication of"A History of Roads and Ways",
Chapter 91 Public Access License Enforcement: Harbor Plan Implementation Comm.,
Railroad ROW trail project,
Surfside paper road/abutters way takings,
Update Priority Takings List and process used to evaluate priority for takings,
Completed projects needing implementation and follow up:
Access to Sconset Footpath,maintenance and signage
Work with DPW on maintenance plan for public way monuments and trails
Oversight of maintenance West Chester St. Ext.,Crooked Lane and Cathcart Road
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Town and County of Nantucket
Roads and Right of Way Committee
Advisory Report to the Board of Sele fi
PROPOSED REVISIONS TO EXISTING ENCROACHMENT POLICY
First Draft February 21, 2012, and revised November 20, 2012
Notes: This draft has arisen because of concerns by the Town and by members
of this committee of loss of use of pedestrian rights of way due to encroachments
into them. Encroachment is the advertent or inadvertent extension of private use
into the public domain. A major concern is that encroachment will inhibit the free
use of sidewalks and may incur liability if pedestrians are forced into the street.
Obviously, this draft, including its definition of encroachment, will need to be
reviewed by Town Counsel and the Committee is open to further discussion after
such a review.
The language that has been added to the existing policy is shown with an
underline.
ENCROACHMENT POLICY
Date Adopted: 7.12.1994
Effective Date: 7.12.1994
Date Revised: Dated: 11.1.2000; 1.31.2013
• Applicability: Town of Nantucket Property Owners and Lease
Holders.
• Purpose: To keep the Town-owned rights of ways open to the public and
free from safety hazards due to encroachments. Encroachments into
town-owned rights of ways are, for the most part, the result of significant
plantings, landscape efforts, and other improvements by property owners
i to maximize and expand the appearance of their property that can cause a
potential safety hazard to pedestrians and others.
• Definitions: Encroachment is the act of entering gradually and silently
upon the rights or possession of another; it is unlawful intrusion.
o Note: Adverse Possession, or the taking of land by open and
notorious possession for 20 years or more, does not apply to any
government. That is, the fact that an encroachment has existed for
an extended period of time, does not give the private property
owner a claim concerning title of Town or County Property.
• Policy: It is the policy of the Town of Nantucket to remove all
encroachments onto public ways that in any way threaten to become a
potential public safety hazard or to impede public access in any way.
o Category I: Encroachments on town property causing an immediate
public safety hazard, or that are blocking a public right-of-way so as
to impede public access, shall be removed immediately by the
Town of Nantucket and the owner will be billed for the work done.
o Category II: Encroachments on town property that do not cause an
immediate threat to public safety shall be removed following the
notification process identified below.
o Category III: Encroachments that have a historical precedent, as
determined by Board of Selectmen, with advice of pertinent town
officials, may be permitted to remain. Category III encroachments
will be identified on a Town-maintained list and, where appropriate,
on land records. The list will be maintained by the Director of
Planning and Land Use Services or designee and noted on the
Town GIS system.
• Procedure: The following procedures shall be followed for enforcement
of this policy.
o A complaint may be made directly to the Department of Planning
and Land Use Services by anyone. Additionally, if an encroachment
is observed by the Fire Chief, Police Chief, Public Works Director,
or their designees, then the Department of Planning and Land Use
Services shall be informed.
• Examples of encroachments:
• Obstructions to sight distances at street and driveway
intersections;
• Obstructions that lessen sidewalk width;
• Stones, posts or any obstruction, placed on the edge
of the pavement or shoulder of the way to prevent
parking;
• Drain pipes extending from non-Town structures to
the road portion of the public way;
• And other such hazards as identified by the Public
Works Director.
o If, after review by the Planning and Land Use Services Director or
designee, the encroachment is deemed to be Category I, that is an
immediate threat to public safety, then the unsafe condition shall be
corrected, or made safe immediately, by the Public Works
Department. Costs of remediation may be assigned to the property
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owner and collected through the tax Collectors Office and further
enforced by the withholding of any future permits such as, but not
limited to building permit, Board of Health permit, certificates of
compliance, certificates of occupancy, shell fish permit, etc.
o If after review by the Planning and Land Use Services Director or
designee, the encroachment is deemed not to be an immediate
threat, that is a Category II, then the property owner or leaseholder
shall be sent a letter from Planning and Land Use Services Office
requiring the encroachment to be removed within 15 days from the
certified date of receipt of the letter.
• A letter will be sent by certified mail informing the property
owner or leaseholder of the encroachment. The property
owner or leaseholder then has 15 days from receipt of the
letter to initiate steps for remediation of the encroachment.
• If the property owner or leaseholder does not initiate steps
within fifteen days to remove the encroachment, the Public
Works Department shall remove the encroachment and
charge costs to the property owner or leaseholder. These
costs will be treated in the same manner as unpaid taxes.
• Work that may be done, by the DPW or Town
subcontractors, includes;
• elimination of overhanging branches and foliage,
which may be pruned to the edge of the right of way,
• removal of stones or other impediments in the right of
way,
• removal of tripping hazards,
• and removal of other such hazards as identified by
the Public Works Director.
o If the property owner does not take action, the Town takes no
responsibility for the appearance of the work following removal.
• Public Works Review Process
o Reviews may include reference to the Town GIS map, the Google
World Map, and to plans and permits on file at the Building
i Department, Nantucket Registry of Deeds, Board of Health, and the
Historic District Commission.
o In certain cases the Planning and Land Use Services Director or
designee, Public Works Director, Zoning Enforcement Officer, or
other appropriate official may decide that the right of way needs to
be surveyed to determine the extent of the encroachment. In the
first instance, the level of precision for such a survey shall be a
minimum of plus or minus one foot. The director may subsequently
decide that a more accurate survey will be required.
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o The property owner shall pay for the survey if an encroachment is
found. If the owner provides a survey stamped by a Registered
Land Surveyor, showing the information needed, it shall be
accepted for review by the DPW director or other appropriate
enforcement official.
• Assignment of Costs: The fee for the work done to remove the
encroachment shall be the cost of labor, materials, mileage and a 50-
percent surcharge. This fee shall be charged to the property owner
responsible for the encroachment. in the same manner as unpaid taxes.
• Prevention of New Encroachments
o During the Building Permit Process.
• Any public way that abuts a property for which a building permit
is issued shall be shown on the proposed and final "As-Built"
plans. The "As-Built" plan shall be submitted to the Nantucket
Building Department for final review and before it issues a
Certificate of Occupancy (CO).
• The following encroachments must be removed from the public
way, road, sidewalk, path, or the like, that is used by the public
and that abuts onto a lot line of a property that is described in a
building permit. In accordance with the definition in the
Nantucket Zoning Ordinance (139-2.A.), these lot lines are
considered frontage. "Frontage is the lineal extent of the
boundary between a lot and an abutting street measured along
a single street line affording legal and practical access to the lot.
For a lot abutting two or more streets, frontage is measured
along any single street line of the lot. Frontage shall not include
jogs in street width, backup strips and other irregularities in
street line, such as at a turning "T" or hammerhead turnaround
or street-width change."
• Fences, hedges, large stones, retaining walls, planters,
planting areas, plants, trees, benches, etc. Stairs or ramps
will be reviewed on a case-by-case basis to see it a license
to continue use may be appropriate.
• These features will be shown on the `As-Built' Plan if they
are not removed along with a note indicating non-
compliance.
• The frontage lot corners and stakes every 50' along the
frontage lot line shall be set.
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• The lot corners shall be permanent.
• Prior to construction, lot corners along street lines shall be
tied back or located in such a manner that they may be
replaced after construction is complete and prior to issuing a
certificate of compliance. Survey control points that are ties
to buildings shall be set even if there was not a physical
monument. Particular care is to be given in the case of the
moving of historic building. For Example; raising a building to
provide a basement, or relocating a building on or off site.
o The Plan and Staking shall be accomplished by a Professional
Land Surveyor, licensed in the Commonwealth of Massachusetts.
o The Building Department shall immediately inform the Public Works
Director of the encroachments and their disposition, by providing a
copy of the final "As-Built" plan.
• There shall be a signature block on the plan so the Zoning
Enforcement Officer and DPW director, or their appointees, can sign
off, indicating that the encroachments have been removed.
• Prevention of Encroachment Maintenance Requirements
• Hedges abutting public ways shall be trimmed from the edge of the
public way vertically to a height of 8 feet and shall be clear of the
Public Way.
• Hedges that extend from a driveway shall be no higher than 4 ft for a
distance of 20 ft either side of the driveway.
• Hedges for properties on corner lots shall be no higher that 3.5 ft for a
distance of 20 feet along each road and there shall be no plantings or
landscape elements within that 20-ft radius higher than 4'.
• Fences along the Public Way shall be entirely clear of the Public Way,
including the post hole. As guidance, the face of the fence shall be 0.5
ft clear of the Public Way.
• The Public Way shall not be used for a parking area, other than
allowed on-street parking.
• Permitted Uses
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• Category III, historical, encroachments that do not pose any threat to
public safety may be licensed to the Property owner for a one-time fee.
The fee shall be a minimum of$50 plus the costs of reviewing the
licensing application. In addition, a usage fee of $10 per square foot of
licensed area shall be paid.
• Category Ill licenses shall be granted upon approval by the Board
of Selectmen after review by the appropriate town agencies:
• Such licenses shall run with the property and be noted on the deed
or certificate of title.
• Curb cuts to enter permitted parking areas shall be allowed, along with
paving as required by the DPW.
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