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HomeMy WebLinkAbout2014-12-16IL Town and County of Nantucket ROADS AND RIGHT OF WAY COMMITTEE Meeting of 16 December, 2014 Conference Room of 2 Fairgrounds Road FINAL AND APPROVED MINUTES 1. Call to Order, Approval of the Agenda, Approval of Minutes, and Public Comments A. Chair Allen Reinhard called the meeting to order at 4:01 pm. In attendance were D. Anne Atherton, Leslie Forbes, Joe Marcklinger, Allen Reinhard, Bert Ryder (arrived at 4:07 pm), and Lee Saperstein; there was a quorum at all times. Guest: Ashley Erisman Absent: Nat Lowell, and John Stackpole B. The agenda was approved by acclamation; a motion to approve the minutes from November 18, 2014, was made by Joe Marcklinger and seconded by Leslie Forbes. Approval was unanimous. C. Public Comments. Ashley Erisman commented on an abutter's way adjacent to her property that had been cleared by a neighbor without notification to her and this led to her broader concern that notification be afforded to all abutters when one abutter elects to change conditions on a private way. Allen Reinhard said that if the way is entirely private that there is no provision for notification. If there were any element of it being a public way then the Town would be involved. She recounted some details of her case where trees had been removed from a private way. Discussion ensued on the issues involved with private ways and paper roads, particularly in Surfside, and the Town's pursuit of the elimination of paper roads. 2. Historic Coloured Cemetery: Public Access Response. The letter that we proposed at the last meeting was received by the Board of Selectmen and the Hospital Director and the latter has responded that they will be very conscious of the need to protect access to the Historic Coloured Cemetery in their planning for a new hospital. The original letter and the hospital response are attached as Appendices 1 and 2. 3. Chapter 91 Public Access Issues and Opportunities. Allen Reinhard recounted the approach made by Leo Asadoorian, Blackwell & Associates, to Allen Reinhard and Lee Saperstein, for the committee to advise on waivers of Chapter 91 License (the Waterways Chapter of Massachusetts General Laws) requirements where public access would be physically or technically inadvisable. In return for the waiver, he and his clients would be willing to contribute funds for additional public access ways or facilities. Allen Reinhard said that this might be of some benefit to the Town in place of a public access point in the property under review for a Chapter 91 License. Joe Marcklinger suggested that, being unable to predict all future conditions, we retain public access "rights" if we advise that a waiver be granted. D. Anne Atherton recounted that the Great Harbor Yacht Club was able to create a walkway around its bulkhead. Joe Marcklinger said that he was concerned about the precedent of taking money for waivers. Allen Reinhard said that he had told Leo Asadoorian that we were not regulatory, only advisory to the Board of Selectmen and that some organization with authority would need to make the decisions; he also told him that he would bring the issue to the committee. Joe Marcklinger said that the money accepted in the past was way less than the costs avoided. Lee Saperstein said that Leo Asadoorian had chosen us because we were mentioned in the Harbor Plan as being responsible for public access to the water. He also said that he had met with Jeff Carlson about access to the files. Joe Marcklinger said that we should set a precedent that any such project be presented to us individually and separately. Leslie Forbes returned to the notion that we might not want to give away water rights. Who knows what the future brings? D. Anne Atherton reminded us that we represent the public and we must protect public interests. 4. Sidewalk Survey Project Review of Data So Far and Next Steps. Lee Saperstein shared a copy of the sidewalk -survey spreadsheet and the "Priority Streets" status report (distributed previously to committee members). He said that he felt that we had surveyed enough streets to begin to work on a draft of the Sidewalk Improvement Plan Report. Allen Reinhard agreed and said that he would use his original document of January 21, 2014, as the basis for the report (attached as Appendix 3). He also said that he had been thinking about how to organize the report so that issues such as on- sidewalk parking, streets with poor conditions, potential costs for repairs, and the popularity of streets could lead to recommendations on priority order for repair. D. Anne Atherton asked if we had any information on sources of funds for repair, particularly from the Community Preservation Committee, CPC. Allen Reinhard said that he would check with the chair of CPC on the eligibility of historic sidewalks for funding. Lee Saperstein said that we should involve Kara Buzanoski before we solidify recommendations because the Department of Public Works, for which she is the Director, also has plans for sidewalk repair. Joe Marcklinger spoke some more about narrow roads with parking on sidewalks and whether or not we would recommend repair of sidewalks on which cars park. Allen Reinhard reviewed the steps that we should take next as we anticipate writing the reports. These include verification of earlier surveys by having another person re -do a few test streets. Additionally, the major routes into Town need to be surveyed: Pleasant, Union, and North Beach. Questions were raised on homeowners' responsibility for maintenance of sidewalks and he said that he would check with the planning office [Action: Ask about maintenance responsibility of homeowners for sidewalks]. 5. Railroad Trail Project Update. Lee Sapersein recounted his experience with the Sign Advisory Board who, although only two in number and hence without a quorum, were sympathetic to our project but felt that our prototype sign was too big for placement on multiple posts. Bert Ryder said that he had looked at existing 2 Nantucket Conservation Foundation and Nantucket Island Land Bank signs and those are 9" by 8 ". He and Lee Saperstein will meet in January and come back to the Committee with some ideas for railroad signage in our next meeting. Meanwhile, it is also time to solicit permission from the landowners (Town, NCF, and Land Bank) to mark these trails. 6. Old, New or other business. A. `Sconset Footpath update. D. Anne Atherton told the committee members about her recent e- mail report (attached as Appendix 4) that relates progress on marking the lateral ways to the `Sconset Bluff footpath and acquiring signage through the cooperation of the `Sconset Trust. She said that she also was concerned about "One Big Beach" easements that were to be granted by property owners on whose land the erosion control project is constructed. Action: She will meet with Andrew Vorce to obtain current information about the One Big Beach easements that were promised by the property owners in the License Agreement with the Town. Joe Marcklinger, reporting for the Planning Commission, asked if we have a copy of the updated regional transportation plan? When the response was "no," he said that he will send us a copy for insertion into the next agenda. D. Anne Atherton also commented that she had learned that the Town will receive funds from the State's Coastal Zone Management, CZM, program to initiate three projects selected from the CZM state -wide plan. 7. Adjournment came at 5:40 pm. Next meeting: January 20, 2015, 4:00 p.m., 2 Fairgrounds Road. Roads &Right of Way Committee Outstanding Projects List: Projects Under Way: • Downtown Sidewalk Survey Project • Nantucket Central Railroad Trail Project • In Town Bike Path from Washington St. Ext. to Rotary Projects in need of advancement: • First Way Pedestrian/Bike Access and Road Improvement Safety Project • Nantucket Open Space Plan Update • 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 • Nantucket Greenway and Footpath System • Spruce Street viewing platform • Surfside paper road/abutters way takings • Harbor walk • Update Potential Takings List and process used to evaluate priority for takings 3 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 Submitted by Lee W. Saperstein, Secretary. 4 Minutes of December 16, 2014: Appendix 1 Roads and Right of Way Committee Town and County of Nantucket 16 Broad Street Nantucket, MA 02554 November 19, 2014 Libby Gibson, Town Manager Board of Selectmen 16 Broad Street Nantucket, MA 02554 Dr. Margot Hartmann, CEO Nantucket Cottage Hospital 57 Prospect Street Nantucket, MA 02554 Libby, Selectmen and Dr. Hartmann, I am writing to alert you to an issue considered by the Nantucket Roads & Right of Way Committee regarding access to the Historic Coloured Cemetery and possible plans to use a portion of Mill Hill Park as a site for the new hospital. At our November 18 meeting, the Committee, charged with reviewing issues of access to public lands, considered the potential impact on access to the Historic Coloured Cemetery adjacent to hospital property. The way between 47 Prospect Street, a portion of Mill Hill Park, and 57 Prospect Street, the Nantucket Cottage Hospital, while apparently an abutters' way, is the only way to the cemetery that can be managed by a car. There are several other ways, essentially footpaths to the cemetery but they cannot accommodate a vehicle should someone who is disabled wish to visit. The Committee voted unanimously to bring this issue of access to your attention with the hope that designs for this or any other construction option will maintain free and easy access to the Historic Coloured Cemetery. On behalf of the Committee, Allen Reinhard, Chairman 5 Minutes of December 16,2014: Appendix 2 NANTUCKET COTTAGE HOSPITAL MASSACHUSETTS GENERAL HOSPITAL AFFILIATE November 25, 2014 Allen Reinhard, Chairman Roads and Right of Way Committee Town and County of Nantucket 16 Broad Street Nantucket, MA 02554 Dear Allen, We are in receipt of your letter of November 21,2014, regarding access to the Historic Coloured Cemetery. Please be advised that we are still looking at potential concept plans, but all of our plans involve maintaining an access, potentially, an improved access, with a few parking spaces, to the Historic Coloured Cemetery As plans are more advanced, 1 am sure we can meet to discuss As always, if you have any questions or concerns, please do not hesitate to contact myself or Jim Kelly. We are looking forward to working with you on this issue. Kind regards, (signed) Margot Hartmann PresidentICEO Nantucket Cottage Hospital 57 Prospect Street, Nantucket, MA 02554 e -mail: mhartmann1(c-)_partners.org p: (508} 825 -8200 57 Prospect Street, Nantucket, MA 02554 Phone 508- 825 -8100 N antucketHo spi tal . org Nantucket Cottage Hospital is a member of Partners HealthCare Minutes of December 16, 2014: Appendix 3 Nantucket Roads & Right of Way Committee Downtown Sidewalk Survey Project: Proposed outline and plan January 21, 2014 The Downtown Sidewalk Survey is a project of the Nantucket Roads & Right of Way Committee. The purpose of the survey is to inspect downtown sidewalks, note their condition on a 1 to 5 scale, mark significant encroachments and/or obstructions impeding pedestrian access, and to mark gaps where no sidewalk exists. The overall objective is to improve public safety, provide improved public access, and enhance the quality of life for residents and visitors. The next steps are to refine the goals of the project, develop a meaningful rating scale, establish a time line for completion, and determine how the work will get done. We will address these steps at our January 21 meeting. The result will be a report to the DPW, Town Manager and BOS /CC with survey results and a list of specific recommendations for improvement. For discussion: A condition scale numbered 1 through 5 would provide a number basis for highlighting the best and worst areas that need attention. Any scale is subjective so it is important to keep the criteria as objective as possible. A possible scale might range as follows: I Flat, even, 48 inches or wider, well maintained (such as the North side of Main St. between Federal and Center). 2 Mostly flat with possible uneven surfaces or narrow passage due to utility poles or or hydrants or other surface conditions. (Lower India St. from Federal to So. Water) 3 Paved sidewalk with significant tree roots, broken pavement or encroachments making passage difficult. Not handicap accessible. (Parts of Washington, Francis, Union and Orange Streets) 4 Significant encroachments on sidewalk or unpaved path adjacent to road. (North side of Cliff Road opposite Something Natural and areas along Prospect and Pleasant Streets) 5 No sidewalk. Pedestrians required to walk in roadway (such as Quaker Road and parts of Prospect and Pleasant Streets). We have already outlined the boundary area to be covered, including sidewalks providing access to the mid -island area, and possibly the mid -island area itself. The next step is to divide the survey boundary into specific areas to be surveyed around logical neighborhoods or primary roadways. Next steps include: I . Identify and map existing public sidewalks in the downtown Town of Nantucket. 7 We need to develop a form to collect the data including: 1. Street Name 2. Street Number(s) 3. Surface material 4. Width, and 5. Condition. We will need to develop a process to collect and summarize the information and coordinate with a base map. The Young's Bicycle Shop Nantucket Town Map is the most accurate and available map to use as a template. The idea is to keep the process of collecting and recording the information as simple as possible. The focus should be to reveal the significant sidewalk gaps, obstructions and resulting safety conditions that exist. 2. The Roads & ROW Committee will review data collected with the DPW Director, Planning Director and Transportation Planner, and will make recommendations to the Town Manager, DPW Director and the BOS /CC regarding: A. Gaps in existing sidewalk sections (i.e. Pleasant St., Prospect St. and Quaker Rd.). B. Safety recommendations. C. Approximate cost estimates for sidewalk improvement projects. D. A plan for improving pedestrian access via sidewalks throughout Town. E. Coordination of grant application for possible CPC funding of projects. F. Working with the Nantucket Town Association to develop and implement sidewalk improvement projects. G. Discussion of parking on sidewalks. H. Encroachments on Public Ways and Enforcement of by -laws. I. A plan to divide Town into cohesive sections and prioritize problem areas. Bring any thoughts and suggestions to Tuesday's meeting. Several town residents who are very supportive of our plan, are quite familiar with the downtown sidewalks and have volunteered to help have contacted me. I have provided them with Young's maps and asked them to mark the most egregious problem areas. It should be an interesting project. Minutes of December 16,2014: Appendix 4 TO: ROADS AND RIGHT OF WAY COMMITTEE FROM: D. ANNE RE: UPDATE STATUS OF LATERAL WAYS FROM BAXTER ROAD TO THE FOOT- PATH COPY: BOB FELCH, EXECUTIVE DIRECTOR, SCONSET TRUST Bob Felch and I met with Andrew to discuss the status of the lateral ways from Baxter Road to the Sconset Foot -path. Below are notes from that meeting. The Sconset Trust and the Sconset Civic Association are going to undertake marking the ways that are ready to be identified with granite PUBLIC WAY markers (flush with the ground, as have been installed on both the Baxter Road side and the foot -path side of the way between 65 and 67 Baxter). They will also begin to install signage on the foot -path itself, consistent with the recommendations of the Sconset Foot- path Public Access Subcommittee and the management plan. NOTES: MEETING WITH ANDREW VORCE AND BOB FELCH December 3, 2014 Status of Lateral Ways from Baxter Road to Foot -path Andrew reports that four (4) additional lateral ways have been legally taken by the Town and formally recorded. However, the process of deeding back extra sections to the respective property owners has not been completed. Property owners have three years to challenge validity of taking, and six years to challenge the damage award. To date, these have been zero. Still to be executed are easements for a pedestrian walkway: right now the Town owns the full width of each way. These ways are ready to be identified with granite markers on both the Baxter Road side and the foot -path side. This will provide access and egress points for the public. The four ways (from south to north) are: Nosegay: is a public way; the Town owns the entire width for maintenance purposes, etc. Rosaly Lane: 13 and 15 Baxter Road; shared driveway; agreement with the owners that the Public Way markers will be flush, not vertical; see GHYC markers for example (photo attached) Fraser: extension of Emily; 37 Baxter Road 61 and 63: Singer and Tuttle; on record since 2011 NOTE: 65 and 67: completed and marked 9 Takings NOT yet finalized are (from south to north): Ballantine: 31 an 33 Baxter Road; plan finalized; taking should be executed soon Wilson: 39 Baxter Road Anne's Lane: 45 and 47 Baxter Road (Soros) Bayberry: 71 and 73 Baxter Road; currently foot -path ends at between 65 and 67 Bob reports that the public use of the foot -path continues to be bothersome to neighbors, including loud behavior, cell phone use, bicycles, etc. Signage, as per the Management Plan, needed. Perhaps the next step would be for the R &ROW Committee to report back to the Board of Selectmen, as outlined in our original recommendations to them (see below). ATTACHMENTS (4): SAMPLE GHYC PUBLIC WAY GRANITE MARKER MAP ILLUSTRATING RECOMMENDATIONS OF R &ROW SUBCOMMITTEE EXECUTIVE SUMMARY OF REPORT OF THE SCONSET FOOT -PATH PUBLIC ACCESS SUBCOMMITTEE NEXT STEPS: PRESENTATION OF SUBCOMMITTEE TO BOS I ['U-j-- E��1�9,�1� WALKWA Y 10 4