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COMMITTEE ON ROADS AND RIGHT OF WAY
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Meeting of 20 May 2014
4:00 pm in the Training Room of 2 Fairgrounds Road
FINAL AND APPROVED MINUTES
1. Call to Order, Approval of the Agenda, and Approval of Minutes
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A. Chair Allen Reinhard called the meeting to order at 4:00 pm. In attendance were D. Anne
Atherton, Nat Lowell (left 5:10 pm), Joe Marcklinger, Sylvie O'Donnell, Allen Reinhard, Bert
Ryder (arrived 4:15 pm), Lee Saperstein, and John Stackpole; there was 100 percent attendance
and, naturally, a quorum.
Guests: Charlie Walters, Kara Buzanoski (arrived at 4:57 and left at 5:00 pm)
B. The agenda was approved by acclamation; a motion to approve the minutes from March 18,
2014, was made by John Stackpole and seconded by D. Anne Atherton. The Minutes were
approved unanimously. There were no comments from guests on issues not on the agenda.
2. Discussion of Warren's Landing Road questions from Fisher's Landing Association
Allen Reinhard reviewed the Fishers Landing Association (FLA) letter (attached) that asks the
Committee to support a taking of Warren's Landing Road by the Town. He related the history of
proposals for taking the road, some of which is in the FLA letter. Sylvie O'Donnell also
reminded us of taking history. Questions were asked by committee members on why the Town
has resisted taking the road; suggested reasons were thrown out by members and included
maintenance cost and uncertain construction standards. Joe Marcklinger asked if the layout
meets County standards. Allen Reinhard said, yes, they did. Lee Saperstein referred to the
spreadsheet that he developed for the Potential Takings List (the Committee has chosen this
wording instead of "Priorities Taking List ") and passed a copy around to the members (attached).
He showed that Warren's Landing Road is near the top of the list and includes a reference to the
FLA letter. He asked the members, as we considered action on this particular road, to look in
general as to whether or not the insertions into the spread sheet should be qualitative or
quantitative in nature. D. Anne felt that quantitative would be preferred. Allen Reinhard
reminded us that priority is not an issue because our number one road, Boulevarde (see below)
has been top of the list for years and nothing has happened.
We expected a guest from the fishers Landing Association to join us and so suspended
discussion (at approximately 4:20 pm) until this guest arrived. At approximately 4:50 pm, when
the guest had not arrived, we decided to resume discussion of this item. In the interim, we dealt
with items 3. and 4.
At the start of the resumed discussion, Sylvie O'Donnell asked if the public part of Warren's
Landing Road was properly recorded. Lee Saperstein said that, based on work done to locate the
Public Way Monuments, he thought it was. Allen Reinhard said that the nearby Rich's Way is
private. D. Anne Atherton asked what would happen if they cut -off access to the public through
Warren's Landing Road? Lee Saperstein thought that they might not be able to do that because
of the historical use of the road by the public; Allen Reinhard agreed.
At this point, Kara Buzanoski came into the room and was informed about the discussion. When
asked if she knew about the issue, she said that she would need to review the background to the
road and, in particular, its construction standards. She reminded us that if we put it first then we
would need to consider our recommendation on Boulevarde; Lee Saperstein showed her the
spread sheet where Boulevarde is still on top.
After she left the room, discussion returned to Warren's Landing Road. John Stackpole moved
formally that the committee schedule a site visit to look at it and also see if there were places
where there could be commuter parking; Nat Lowell seconded the motion. Allen Reinhard and
Lee Saperstein suggested that the DPW ask its engineer to accompany the group [Action:
schedule a committee visit to Fishers Landing].
Lee Saperstein repeated his request that the group consider whether or not his spread sheet
should remain qualitative or become quantitative and they agreed to review his assessments. He
will send out copies to the committee members for their review and edits [Action: Committee
members review spread sheet and respond to Lee Saperstein.]
3. Core district sidewalk survey project update and next steps.
Allen Reinhard has done more surveying on Center Street and Lee Saperstein will enter the
information onto the spread sheet; Charlie Walters has also surveyed Pine Street and gave his
notes to Lee Saperstein for entry. Allen Reinhard has had a lot of input from correspondents
who wish to help. Mickey Rowland and Brenda McDonough of the Commission on Disabilities
want to cooperate because of their interest in access for the disabled. Their request is that we
mark any places where an obstruction exists. Conveniently we have been noting any place
where an obstruction (utility pole, fire hydrant, etc.) or an encroachment reduces clearance below
48 inches. Mickey Rowland told Allen Reinhard that the legal minimum is actually 36 inches.
The eventual committee report on sidewalks to the County Commissioners will also address
remedies. To this end, Allen Reinhard asked Manny Dias, a long -time contractor on Nantucket,
for estimates on building new sidewalks and repairing damaged one. Bert Ryder asked if he had
specified design alternatives for the new sidewalks: dirt, asphalt, brick, etc. Obviously, the
particular route of interest for a new sidewalk is the First Way— Backus Road connector. Even if
the road portion of that connector is not paved, the sidewalk is expected to be placed such that
there would be a grass verge between the roadway and the sidewalk. In the downtown area,
where we identify damaged brick and other forms of paved sidewalks, we would like to have an
estimated cost per square foot for repairs. It is envisioned that the final report will include a
condition report of sidewalks, suggestions for repair or replacement, and then a plan of
restoration, which could be used by the Town for capital planning.
2
Charles Walters asked about our plan for construction of the First Way, "Would it be usable by
bicycles ?" "Didn't we have previous construction estimates ?" Allen Reinhard said that yes we
did, one each from Victor Paving and Holdgate partners. Both were only rough estimates in the
order of $250,000 to $300,000.
Allen Reinhard has an alphabetical list of streets included in the downtown area; they plus the
streets to the bike paths will be included in the sidewalk survey. He also has recruited several
volunteers and intends to have a training session with them. He would like to aim at a report in
the fall to be given to the County Commissioners after any scheduled Special Town Meeting.
Joe Marcklinger asked how many streets are already done and Lee Saperstein said that he can
keep a tally once he has Allen Reinhard's list of streets. Lee Saperstein said that he would like to
help with the orientation for volunteers. D. Anne Atherton asked if there has been interest or
participation from the Town Association. Lee Saperstein and Charles Walters, both members of
the Association's Executive Committee, said that it has been discussed but no action taken.
Allen Reinhard indicated that the survey has also been discussed with the Town's new Bicycle
Advisory Committee. [Action: Annotate the list of streets with survey progress; schedule an
orientation session with volunteers.]
4. Discussions with school personnel regarding First Way improvements.
Allen Reinhard has discussed the First Way- Backus Road connector with Superintendent Cozort
and School Committee members Tim Lepore, Chair, and Melissa Murphy. In general the School
committee is in favor of an improved pedestrian way along that route but had reservation about
paving the vehicle roadway portion of that road. Bert Ryder said that a paved path is feasible
without having to pave the road. Allen Reinhard assured them that our main concern was to
provide a path that separates children from cars. Melissa Murphy's son was hurt by a car and
she certainly is in favor of a means to separate pedestrians from cars.
Allen Reinhard would like for the School Committee and the Superintendent to write on behalf
of the sidewalk. To do this, they would need for them to discuss the plan in an open meeting of
the School Committee. He's hopeful that this will happen and that we will get a
recommendation from the school personnel.
5. Condition of roads from airport to Surfside Road ( Boulevarde, etc.).
Allen Reinhard reported that abutters' efforts to improve the Boulevarde, approximately
$300,000 spent last year, have been eliminated over the past winter by weather events and heavy
use, including by construction vehicles. According to Nat Lowell, the Surfside Association is
again soliciting more funds from its members. He asked about progress on obtaining voluntary
grants of easement: what percentage have offered an easement? Allen Reinhard said that
easements are legal documents and they take time to negotiate and record. Of the 103 abutters,
seventy percent have agreed to grant an easement but only a small percentage of those have
actually completed them. At this time, we wanted to know if there is any fund for paying for
planning. Allen Reinhard has asked Andrew Vorce about the existence of a fund granted by the
BOS but is still waiting for a reply. D. Anne Atherton asked if the Surfside Association would
make a challenge grant that "incentivizes the Town" similar to the challenge grant for the
Hummock Road bike path. John Stackpole reminded us that the wear on the road comes from
public use; hence there is a public responsibility, i.e. the Town, for taking it. D. Anne Atherton
suggested that we meet with Bruce Miller, who lives on Nonantum Avenue and Allen Reinhard
said that he would. Nat Lowell reminded us that, in an earlier effort to take the Boulevarde, the
abutters, including those on feeder roads, agreed through the Surfside Area Work Group to a
betterment formula of 30 percent paid by abutters and 70 percent by the Town.
6. Old, New or other business: Town Committee Handbook and Statement of Commitment.
A. D. Anne Atherton asked about the Town's commitment letter and handbook for committee
members; it was not attached to Allen Reinhard's material recently distributed by e -mail. Allen
Reinhard said that it is part of a new handbook and that he would distribute the full set of
materials. It can be found on the Town's web site as httI2://V""-Nv.nantucket-
ma.gov/DocumentCenterNiew/5327. Lee Saperstein will send everyone a copy of the last page,
which is the blank statement of commitment [Action: Distribute Statement of Commitment].
B. Joe Marcklinger asked if we had any news about the Town's acceptance of our proposed
encroachment policy. Allen Reinhard said that Kara Buzanoski and Silvio Genao are reviewing
it and are nearly done. He will remind them once again.
C. Lee Saperstein reminded the committee that several of us are due for reappointment: himself,
Nat Lowell, and Bert Ryder.
D. D. Anne Atherton asked about progress on taking of lateral ways to the `Sconset Bluff
footpath. Allen Reinhard said that he had heard from Andrew Vorce about progress but said that
D. Anne Atherton was welcome to ask again. She asked also about any response to our
memorandum of March 18, 2014, to the Board of Selectmen about access to the beach at
`Sconset Bluff and maintenance of the promised renewed bluff walk.
E. D. Anne Atherton also mentioned that the Coastal Management Plan includes issues on public
access that refer to actions or monitoring by our committee. We should ask the Coastal Zone
Management Work Group to meet with us or to send us a liaison member to clarify our role. She
asked also how we can be assured that the Town's interests in public access are represented
whenever there is a proposal for construction of erosion control projects.
7. Adjourn at 5:30 pm. Next meeting: June 17, 2014, 4:00 p.m., 2 Fairgrounds Road.
Submitted by Lee W. Saperstein, Secretary
4
R &ROW Committee Outstanding Projects List:
Projects Under Way:
• Downtown Sidewalk Survey Project
• Nantucket Open Space Plan Update
• Nantucket Greenway and Footpath System
• Nantucket Central Railroad Trail Project
Projects in need of advancement:
• First Way Pedestrian/Bike Access and Road Improvement Safety Project
• Boulevarde to Airport road takings, and reconstruction as Public Ways
• 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
• In Town Bike Path from Washington St. Ext to Rotary
• Spruce Street viewing platform
• Surfside paper road/abutters way takings
• Harbor walk
• Update Potential 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
• Chapter 91 Public Access License Enforcement: Harbors Plan Implementation
5
May 8, 2014
Nantucket Roads and Right of Way Committee
2 Fairgrounds Road
Nantucket, MA02554
Dear Chairman Reinhard:
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h4AY - 7 2014
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Fishers Landing Association is contacting your office to seek your assistance in the taking of
Warrens Landing Road. Currently, Warrens Landing Road, from thejuncture of Madaket Road
proceeding for approximately 2,200 linearfeet, is a private road owned by Fishers Landing
Homeowners Association. In the Building Permit process in 1999, the town required the road be
made to a specified width and that it be paved. For well over a decade we have patiently
approached the Committee about the town assuming responsibility for the road. We are now
facing maintenance issues beyond what would be necessary had this road been simply used by our
development. This road has become a major route used by far more than the homeowners in
Fishers Landing. The following is an account of the town's activity to date and the association's
position.
3.ggg: Warren's Landing Road was improved to meet Planning Board specifications, which were
met, allowing the Fishers Landing development to be completed and sold. The town maintained
the right to take the road at any time.
2000: The County Commissioners office informed FLA that they would not accept the road until
their next fiscal year, July 2000 —July 2001.
zoos: County Commissioners say they will take the road "soon."
200 4: FLA was told Warrens Landing Road was on the list for taking in 2o11, although it could be
deferred due to lack of town funds or prioritizing of other roads.
The section of Warrens Landing Road under FLA ownership supports a major town property and
moorings at the Warrens Landing Road anchorage and boat ramp. It is the main route to Eel Point
conservation land and beaches. It is also used by a significant number of other property owners on
Warrens Landing road as well as on Eel Point Road. There is now a larger number of cars/trucks
utilizing Warrens Landing Road than residents who reside in Fishers Landing - yet we are bearing
the burden of maintenance and jurisdiction on the road.
✓ �V S ✓ J AV 0 rc �
We have a posted speed limit of zo mph, though because it is a private road we have no means to
having this speed limit enforced. In the summer there are more children in our area, and speeding
presents a danger to those children. Individuals are also parking on the shoulder of the road in
order to have easier access to the NRTA bus and this causes impediments to entering and exiting
Warrens Landing from Madaket Road. It also adds the burden of liability to the Association. In
both instances, we have been advised that as Warrens Landing Road is a private road, there is little
support that the town officials can supply in enforcing speed limits or limiting parking.
Fishers Landing Association has made long standing and reasoned attempts to have the road
assumed by the town and the town has chosen to continually defer this decision. Measured by use,
Warrens Landing road is a public road and has been for some time; however, if the road remains
private, we will have no other recourse butto pursue options that would limit access to our
homeowners only, For all others there will still be access to Warrens Landing public mooring /boat
launch, Eel Point conservation lands, and homes not part of FLA via Eel Point Road. It is not a route
we wish to take and seek a resolution that will work for all.
The situation is an increasingly unfair burden on homeowners who have been patient for over 15
years. We implore you to work with us to take a responsible and reasonable route to having this
road taken by the town.
Thank you for your consideration of this matter.
Fishers Landing Association
Board of Directors
Lauren R. O'Donnell, President
Claire D. Graves, Treasurer
Gary B. Garofalo
Sharon W. Hussey
David J. Policansky
Jerry M. Horton
/cf: Board of Selectmen
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