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
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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
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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.
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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
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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.
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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
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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
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