Loading...
HomeMy WebLinkAbout2013-8-20Town and County of Nantucket A �� COMMITTEE ON ROADS AND RIGHT OF WAY 4 {�JPT,,- Meeting of 20 August 2013 4:00 pm in the Training Room of 2 Fairgrounds Road FINAL AND APPROVED MINUTE'S z o 1. Call to Order, Approval of the Agenda, and Approval of Minutes m c rn A. Chair Allen Reinhard called the meeting to order at 4:04 pm. In attendancclve b. m Anne Atherton, Nat Lowell (4:18 pm), Sylvie O'Donnell, Allen Reinhard, Lceo m Saperstein, and John Stackpole; a quorum was present throughout the meeting. z o n No guests were present; hence no public comments were made. a B. Approval of minutes from July 16, 2013: John Stackpole moved to approve the Minutes and D. Anne Atherton seconded the motion; the committee voted unanimously to accept the Minutes. C. D. Anne Atherton asked about Camp Richard and the dispute over ownership. Allen Reinhard said that he had wanted to mention it under new business but was happy to respond at this point. The Proprietors of the Town of Nantucket transferred the Sturgis Pines Property of 100 acres to the Nantucket Improvement Society (MS) in 1903; subsequently, the NIS transferred it to the Nantucket Civic League (NCL) in 1912. Coincidentally, the latter transfer also included Mill Hill Park. In 1971, the NCL transferred it to the Boy Scouts, Specifically the Nantucket District Committee of the Boy Scouts of America, with a reversion clause that said that if the Boy Scouts no longer wanted it then ownership would revert to the NCL. The deed was filed in the Registry along with Minutes of the meeting of the NCL in which the transfer was proposed. The issue has been complicated by a Massachusetts General Law, passed in 1961, that limits deed restrictions to 30 years (Part IL Title I, MGL, Chapter 184, "General provisions relative to real property," Section 27, "Restrictions imposed after December 31, 1961; limitations on enforceability; extension of period. "). Allen Reinhard said that counsel for the NCL suggested that restriction made by charitable organizations may not be subject to the 30 -year limitation. The following is the entirety of section 23 of the same chapter: "Section 23. Conditions or restrictions, unlimited as to time, by which the title or use of real property is affected, shall be limited to the term of thirty years after the date of the deed or other instrument or the date of the probate of the will creating them, except in cases of gills or devises for public, charitable or religious purposes (italics supplied by Lee Saperstein). This section shall not apply to conditions or restrictions existing on July sixteenth, eighteen hundred and eighty- seven, to those contained in a deed, grant or gift of the commonwealth, or to those having the benefit of section thirty-two." Ownership issues rapidly rose to the surface when a commercial developer, Atlantic Development, offered to buy from the Cape and Islands Council of the Boy Scouts of America thirty acres of Camp Richard for development into house lots. The dollar value of the offer has not been revealed. The developer indicated that it was interested in the thirty acres but was willing to apply conservation restrictions to the balance of the property. The Cape and Islands Council's position is that they are superior to the Nantucket District Committee and, therefore, they own the land not the local committee. Moreover, the income from its sale will benefit scouting on Nantucket and elsewhere on the Cape. The Nantucket Committee contests that allegation and says that title is theirs alone. To reestablish the reversion clause, the Nantucket Committee transferred title on July 25th to all of Camp Richard to a new entity, the Camp Richard Campers Association. The Cape and Islands Council promptly sued the Nantucket District Committee and its members. Judge Nickerson of Bamstaple has put everything on hold but has been emphatic that Nantucket should not be making new actions such as conservation restrictions. A trial in three months is set to determine title. Recently, the Nantucket Civic League has issued a statement reaffirming its support for the exclusive use of the property for scouting. Our committee on Roads and Right of Way has an interest in Camp Richard remaining as open space because it would serve as a vital link in the proposed cross -Island Greenway system. There was general agreement that we are interested in an outcome that protects open space but that we do not have a specific role in the current legal processes. 2. Sconset Foot Path: No Commercial Use regulation, Town MOU. The Nantucket Board of Selectmen held a Public Hearing on August 7th to exclude the `Sconset Bluff Walk from locations eligible for public or street entertainment performances; Allen Reinhard spoke in favor of the ban and no one spoke against it. Public performers are required to obtain a license from the Town and this action will bar licensees from using the footpath. After the Public Hearing closed, the Board voted unanimously for the proposed ban. According to Allen Reinhard, the Ghost Walk performer abused the privilege the week after the ban was set. The Town Manager asked the Police Chief to send him a letter telling him that his permit would be pulled if he persists and this letter has been sent. Follow up is needed with the `Sconset civic groups on signage. D. Anne Atherton recognized that she had volunteered to follow up with these groups. [Action: D. Anne Atherton to work with `Sconset civic groups to create appropriate signs for the footpath.] D. Anne Atherton also mentioned that the Memorandum of Understanding between the Town and the `Sconset Beach Preservation Fund, SBPF, should be of interest to our committee because it says that there will be a footpath reestablished on top of the bluff if construction of the revetment is permitted. We should continue to follow this commitment to see if the walk will be reestablished along with how and where it will be built. The entire ' Sconset Bluff issue is before the Conservation Commission at the moment. Allen Reinhard suggested that we continue to watch the development of the plan but not to take a position until we have something to look at, i.e. ConComm's Order of Conditions. 3. (Agenda Item 4.) Progress report on First Way safety improvement and Boulevarde, etc. takings. Allen Reinhard reported on his official committee report to the Board of Selectmen at their meeting of July 24th. Because there was a discussion by the Board on our potential way- takings list be suggested that we skip to this agenda item before discussing takings and the group concurred unanimously. Of particular interest to the Board was our emphasis that First Way should be improved to the point of making it safe for children. Because of this item, Allen Reinhard met with John Smith and Kam Buzanoski of the Department of Public Works this morning to determine if mowing and tee cutting — done with advice from the Town's tree warden — within the lay out of the way could widen it to the point of separating foot and vehicle traffic. Once this first step is taken, they will see if they can make a separate footpath alongside the roadway. Eventually, they would like to see a multi-use path separate from the roadway. Selectman Miller emphasized to his colleagues that our committee had told them in 2008 that Boulevarde needed to be taken then and we're still waiting for something to happen. Because of our report and Selectman Miller's interest, the Town bas found $20k to start surveys in anticipation of takings and transfers of easements. The Planning Department has also been active in collecting voluntary easements. It was reported that the DPW has the authority to hire an engineer and has already placed an advertisement for this position. This hire should allow them to obtain surveys internally 4. (Agenda Item 5.) Bike path connections and improvements. In continuation of his report of activities to the Board of Selectmen on our committee's behalf, Allen Reinhard indicated that the Board showed a renewed interest in the bike paths. This led to a discussion about in -Town bike paths by the Committee. It was agreed that a harbor walk from the end of the railroad grade on Washington Street to the Creeks would be a safer alternative to taking the bike lane along Orange Street. There is a right of way over the wetlands between Spruce Street and East Creek Road but it is not passable. It was suggested that the Conservation Commission might accept a raised walkway along the water front but it would be resistant to a multi-use raised pathway. In addition there are still some intervening private properties that make a harbor walk impractical under current ownership conditions. Lee Saperstein suggested, inasmuch as we have stated positions about the development of bike path linkages among the bike paths to the south-shore beaches, that we hold a meeting with Selectman Glidden and Transportation Planner, Mike Bums, to discuss Bike Paths. The group agreed and D. Anne Atherton suggested that we do this at our next meeting. [ACTION: Invite Selectman Glidden, Planning Director Vorce, and Transportation Planner Burns to a meeting of the Committee.] 5. (Agenda Item 3.). Potential Takings List: Discussion, Review and Update. (Lists attached) As mentioned above, this agenda item was moved to be after the originalAgenda Item 5. In discussing recommendations for takings of private ways by the Town or County, Allen Reinhard suggests that we call it the "Potential Road Takings List' so as to take away the onus of the word priority. The List may have some intentional order but we may not set priorities only the Board may. The current list that exists and was attached to the Agenda for this meeting is the list that we approved in 2008. We agreed that we had discussed this in previous recent meetings but had not yet come to a conclusion. In the years intervening between 2008 and now, some ways had lost emphasis and others had gained some. We did agree that a spread sheet matching ways to the criteria that we established for takings would be an useful way to proceed with our discussion. D. Anne Atherton said that she had agreed to do this but may need some time to complete the project. [ACTION: Spread sheet matching ways to criteria.] D. Anne Atherton remembered that she had filed on her computer the worksheet that Anne Bissinger -Poor, former member of the Committee, for takings of the road that connect Surfside to Old South Road. The Committee then discussed individual roadways that might merit taking. First on the list after The Boulevarde, which has already received a favorable vote for taking, was Millbrook Road; the question was does it still meet criteria? Sylvie O'Donnell wondered if a bike path could go along Millbrook Road. Nat Lowell asked if there was a possibility for bike connectors further out of Town to allow cyclists to get from beach to another without coming back into town. Although Millbrook Road may not be a prime candidate for taking, it was acknowledged that the potential for a bike path along it means that we should continue to review Millbrook. Allen Reinhard asked about Eel Point Road, which becomes private at Number 79, and whether or not a bike path is needed along it. Inasmuch as there are problems about the coincidence of its layout and its actual location along with an apparent lack of interest by abutting home owners, it is unlikely to be taken. Warren's Landing road has similar problems with respect to taking. The question was do we keep either on the list. John Stackpole thought that we should keep both on the list because of the Town's ownership of the Wood Property and the concern for public access to it. Allen Reinhard asked if there were any additional roads that should be on the list that are not now on it. With the Land Bank acquiring a major property along it, Cato Lane now comes up with a better match to the takings criteria. Lee Saperstein mentioned Somerset and Friendship Lane and all agreed that it should stay on the list. Access to the Prospect Hill Cemetery Annex has been limited by degradation of Somerset Road. In addition there has been a reversal of sentiment by homeowners on Somerset Road from opposition to a taking to a favorable view of it. Sylvie O'Donnell asked if the two roads should be separated and assessed independently and several members agreed. Nat Lowell said that Red Bam Road would have a significant match to the criteria if the Town acquired the FAA property (Map and Parcel 63 9). Again, there was agreement to the observation. The next committee steps will be to review the spread sheet when it is ready and then prepare an up -dated report on Potential Road Takings for the Board of Selectmen. 6. Old, New, and Other Business. None 7. Adjourn. 5:28 pm Neat meeting: September 17,2013,4:00 p.m., 2 Fairgrounds Road training room. Submitted by Lee W. Saperstein, Secretary R &ROW Committee Outstanding Projects List: Nantucket Open Space Plan Update First Way Pedestrian/Bike Access and Road Improvement Safety Project Update Priority Takings List and process used to evaluate priority for takings Railroad ROW trail project Installation of sidewalk from Prospect St. multi-use path to Upper Vestal Street Bike path linking Surfside, Hummock Pond & Madaket Bike paths via Mill Hill hr Town Bike Path from Washington St. Ext to Rotary Nantucket Greenway and Footpath System Spruce Street viewing platform Harbor walk Chapter 91 Public Access License Enforcement: Harbors Plan Implementation Com. Surfside paper road/abutters way takings Nantucket Town Sidewalk Survey with recommendations 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 Attachment I. Potential Road Takings List; From Draft Minutes September 16, 2008 Update of Priority County Road Acquisition List. The committee then began a discussion of the criteria used to evaluate the private roads our committee feels should be made public. The list was last updated in April of 2007. Among the criteria discussed was the public use of these private roads, whether the road linked two public roads, the condition of the road with regard to access by emergency vehicles, abutter's requests, access to property open to the public, traffic circulation patterns, and public benefit. It was pointed out that taking a roadway means the County assumes responsibility for maintenance and any necessary improvements and these costs need to be considered as part of any road taking. The committee then considered and discussed each road on the April 2007 list. Most discussion centered on Millbrook Road, and Boulevard and roads leading to the airport as the two private roads most heavily used by the public. Mrs. Beck and Mrs. Malcolm, Surfside residents, commented on the extensive public use of Boulevarde and other roads leading to the airport receive, and recommended these roads receive top priority. After discussion of each of the roads from the current list, it was voted to delete Squam Road from the list at this time because the homeowners along the road have taken responsibility for its maintenance. (See letter attached to August 19 minutes.) Other roads the committee felt should be considered for taking include: First Way Backus Lane, Amelia Drive and Ticcoma Way to Fairgrounds Road, Hooper Farm Road from Surfside Road to intersection with Surfside Drive. October 21, 2008 revised working list would include the following roads: I. Boulevarde, Lovers Lane, Clifford Street, Orkowaw Avenue, Monohansett Road (from Surfside Road to the Airport) 2. Millbrook Road (from Madaket Road to Hummock Pond Road) 3. Warren's Landing Road 4. Eel Point Road (from end of public road to ?) 5. Eel Point East (dividing point needs to be established) 6. Somerset Road and Friendship Lane (from Bartlett Road to Joy Street) 7. Smooth Hummocks Way (from Somerset to Bartlett Farm Road) 8. First Way/Backus Lane connector 9. Amelia Drive to Ticcoma Way to Fairgrounds Road 10. Hooper Farm Road (dirt portion from Surfside Drive to Surfside Road) There was a question as to whether the following roads should continue from the current list: 11. Cato Lane (from Bartlett Road to Vesper Lane) 12. Red Bam Road (from Massasoit Bridge to Sheep Pond Road) The April 2007 list: 1. Millbrook Road (from Madaket Road to Hummock Pond Road) 2. Macy's Lane (from Hinsdale Road to Old South Road) 3. Boulevarde, Lovers Lane, Orkowaw, Avenue, Monohansett Road, Clifford Street, (Between Surfside Road to public road at Macy's Lane near Airport) 4. Eel Point Road and Warren's Landing Road (private road sections) 5. Somerset Road and Friendship Lane (from Bartlett Road to Vesper Lane) 6. Cato Lane (from Bartlett Road to Vesper Lane) 7. Pocomo Road (from end of 1975 taking to Nantucket Harbor low water line) 8. Red Barn Road (from South Cambridge at Massasoit Bridge to Sheep Pond Road) 9. Smooth Hummocks Way 10. Squam Road