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HomeMy WebLinkAbout2015-10-15t, LL t Owx W - �9� �Bc S Town and County of Nantucket ROADS AND RIGHT OF WAY COMMITTEE Meeting of 20 October 2015 Conference Room of 2 Fairgrounds Road FINAL AND APPROVED MINUTES ISM 1. Call to Order, Approval of the Agenda, Approval of Minutes, and Public Comments 6J e#-,, A. Chair Allen Reinhard called the meeting to order at 4:06 pm. In attendance were Dave Fredericks, Allen Reinhard, Bert Ryder, Lee Saperstein, and John Stackpole; there was a quorum at all times. Absent were D. Anne Atherton, Leslie Forbes, Nat Lowell, and Joe Marcklinger Guests: Bernie Bartlett and Mike Burns, Transportation Planner The agenda as distributed was accepted. B. Public Comment. To allow our guest, Bernie Bartlett, to participate, "Agenda Item 5. Request for legal opinion from Town Counsel re: North Mill Street," was moved to "Public Comment" with the unanimous consent of the committee. Allen Reinhard, Chair, reported that he had requested legal assistance from the Town Manager after the last meeting, September 15, 2015. He was told that he needed to complete a form explaining exactly what advice was sought. The Town Manager said that the finding from Andrew Vorce was that the segment of North Mill Street under question was a private way and that Counsel would not likely to come up with anything different and asked Allen Reinhard if we have anything specific or new for Counsel (Legal Services) to examine? Allen Reinhard also said that there was a sewer easement for this street. Bernie Bartlett said that he could find no easement for the sewer; he had checked with both the Town's Registry of Deeds and the Department of Public Works and neither could find said easement. Mike Bums said that this was a substantial concern. In reviewing the status of North Mill Street, Allen Reinhard said that it and the two properties that abut it on either side were recorded in Land Court in 2002. Bernie Bartlett said, yes with "rights," in fact, "subject to rights of others." Allen Reinhard said that, to his knowledge, no record detailing these rights has been found. Bernie Bartlett said that it would appear that the Town had relinquished control of North Mill Street when this deed was recorded. To be legal, however, he asserted that Town Meeting would have had to approve the transfer into private ownership. He was of the opinion that no such warrant article had appeared before Town Meeting. He related that the Town Clerk had told him that, at first review, she could not find such an action but that she would be doing further research in Town Meeting minutes. Bernie Bartlett said further that he had been told by Andrew Vorce that the application for filing the deed had been held in Land Court for nine years. In his mind, this issue would not be resolved until someone went to Land Court and examined the files. In the matter of public access, Bernie Bartlett reported that Deborah Dilworth, Town Assessor, said that the road was not taxed. Mike Burns reminded us that private ways allowed public access if they're not taxed. John Stackpole asked if there were parallels in the taking and sale of paper roads. Allen Reinhard explained the purpose of the yard sales of paper and ghost roads. John Stackpole said that we should make a formal request for the appropriate person to examine land court records on this property. Allen Reinhard said that he would go back to the Town and relate these further findings and ask how we could have an expert review of Land Court records for North Mill Street. [ACTION] C. Minutes. It was moved by John Stackpole and seconded by Dave Fredericks to approve the minutes of September 15, 2015; approval was unanimous. 2. Public Way Monuments: next locations and plan to install. Allen Reinhard said that we have two public way monuments ready to go into the ground. One is Irving Street at Adams Street (the extension of Nobadeer Avenue) in Surfside; this is a publicly owned way that leads to the water. The other should go at Willard Street by Hulbert Avenue. The remainder of the Hulbert lateral ways are still in the process of taking so are not ready to be marked with a monument. On Baxter Road in `Sconset, Nosegay and Rosalie Lanes are ready for in- ground monuments along the footpath and an up -right monument at Baxter Road. Bert Ryder said that if we had a date he would be able to find equipment to place the monuments in the ground. Allen Reinhard said that he would make sure of the exact locations and then set a date. He felt that we would need to order additional monuments from Neil Paterson. [ACTION] 3. Potential Takings List discussion. Lee Saperstein will review the minutes from past meetings to see what input we have had from Kara Buzanoski, Director, DPW. In the meeting of August 18, 2015, she indicated that they are working on a taking- schedule for Winn Street and the Friendship Lane /Somerset Road route. Mike Burns related that this takings plan had now reached the budgeting stage. The 2017 capital request will include Winn St and Friendship Lane, with $250,000 each being sought for the takings process. Once taken, additional capital requests will be made in later Town Meetings for design and construction of up -grades to these streets. In 2018, there will be a similar request for Amelia Drive. Lee Saperstein suggested that he contact Kara Buzanoski to create an amended Potential Takings list that can be presented to our committee for review and approval. Such a list has been helpful in the past and could be so again for future takings. [ACTION] 2 4. Sidewalk Survey Project update. Allen Reinhard asked Dave Fredericks to report on progress in re- building sidewalks on Nantucket. He has been asked by the Town to assemble a proposal for this work. He told us that the Survey produced by our Committee will turn into a long -term action plan. He gave us copies of the preliminary version of the plan (attached). Mike Burns confirmed these plans and told us that the Town is honing a budget estimate into a long -term plan for sidewalk reconstruction that would be somewhere between a million and a million and a half per year. Dave Fredericks said that the numbers on the map represented his estimate of annual priorities and should be reviewed by our committee. He also suggested that we need to keep pushing the Town for this project in such a way that we create public support for it. Mike Burns left the room briefly and returned with detailed maps of the sidewalk - rebuilding project. Copies of these maps may be obtained from Mr. Burns. After looking at his copy of the maps, Bert Ryder noted a safety issue with the proposed construction on Candle Street. Mike Burns said, by all means, give him any input that we could for improvements to the plan. John Stackpole asked whether consideration had been given to asking for business contributions to the cost. Lee Saperstein said that he was aware that discussions had been held on Nantucket about the creation of Business Improvement Districts, BID, but that he did not recall just where. Dave Fredericks noted that popular support for the project was important for its passage at Annual Town Meeting; he asked how we can get input into the Finance Committee. Several people said that we could give testimony to both to the Capital Projects Committee and the Finance Committee. Mike Burns said that letters of support can be incorporated into the departmental submission packages. Lee Saperstein asked if a workshop with the Board of Selectmen would be beneficial. Allen Reinhard said that it would and this could be a way to enhance publicity about the project. In addition if would provide us with an opportunity to submit evidence of support. Dave Fredericks said that the workshop might be best just after the WPI project on sidewalk accessibility (see Minutes of September 15 for a project summary) is finished. Looking at the calendar, Lee Saperstein suggested that either of the Board of Selectmen meetings after Stroll would work; December 9th was suggested by Dave Fredericks. Allen Reinhard said that he would organize this with the Town Manager's office. [ACTION] 5. Request for legal opinion from Town Counsel re: North Mill Street. See Item 1.13, Public Comment for this agenda item. 6. Old, New or other business: Committee website update, Sconset Footpath Signs. DA was going to report on Sconset Footpath and show pictures of the new signs; she also was going to report on improvements to the Committee's web site on the Town's page. This report will be deferred to our next meeting. Allen Reinhard said that he also might be able to provide some pictures of the signs. He also reported that Andrew Vorce said that the Town was interested in doing a confirmatory taking of the way at the end of Wanoma Way to Low Beach Road; it is the old Railroad right of way. After taking, it would be transferred to a conservation group such as the Land Bank. In connection with the Railroad, Lee Saperstein asked if we could not start opening up some of the Railroad rights of way and marking them. Allen Reinhard said that there will be progress this winter in clearing some of these as firebreak trails. 6. Adjournment. Adjournment, with unanimous consent, was declared at 5:22 pm. Next meeting: November 17, 2015, 4:00 p.m., 2 Fairgrounds Road. R &ROW 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 • 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 • Surfside paper road/abutters way takings • Access to Sconset Footpath, maintenance and signage Projects in need of advancement: • First Way Pedestrian/Bike Access and Road Improvement Safety Project • Nantucket Open Space Plan Update • Nantucket Greenway and Footpath System • East Creek Road viewing platform and CPC grant • Harbor walk • Update Potential Takings List and process used to evaluate priority for takings o Work with DPW on maintenance plan for public way monuments and trails • Oversight of maintenance West Chester St. Ext., Crooked Lane and Cathcart Road Completed projects needing implementation and follow up: • Chapter 91 Public Access License Enforcement: Harbors Plan Implementation 4 PROJECT #1 [Select Datel OVERVIEW 1. Project Background and Description Water front sidewalks, curbing and walkway system refurbishment from The Steamship and Lower Broad Street, along Easy and down Straight Warf, further continuing along New Whale Commercial and Candle Street with the final portion from Commercial down Washington Street to the town pier and parking area. 2. High -Level Requirements These are engineering grade estimates +/ -25% E Assume 50% reuse of material (bricks, curbing, cobies). • No significant permitting issues. • An engineering firm will develop specifications and drawings for areas that significantly modify curbing, grades of traffic. • All other areas where resetting of existing sidewalks is required will need limited engineering plans. • Project will be completed in 90 days. • The project will have an On -Site professional project manager at all times. • All best attempts will be made to meet ADA standards. 3. High -Level Budget Estimate The attached estimate assumes the following; Approval and Authority to Proceed Cost benefits of completing the project as a single project 15% Development of engineering drawings, specifications and support estimated at 10% of base cost 95K Contingency assigned at 10% of all elements Of the project. 110K Any additional ADA 70K Cost including construction and refurbishment of sidewalks, curbing and coble 1150K Miscellaneous project with in Core __75K Total Budget Request 1 SOOK 4. 1 *Does not include miscellaneous items (ex. signage, trash receptacles, lighting improvements and benches). *Also does not include the cost associated with any takings that are raised. Kit AN x Au K POND D 14� t�*U P -V4 D Ov, 4 ;V, I A' - l ^m 0 u MARSfi AyWk 1 1.1 East side of Main St part of Phase 1 "-, �ao col Sidewalks Worksheet Legend Section 331=6 19 1 7 2 8 W2015