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
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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
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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