/ / : / ... .' ~ .l f"-¥. ., .~ - ""' /{I ~f-· ./f"j -~/ - ·~ l < . ··¥ : )< _; ~.( ~J.,/ :"." RAILROAD BED RIGHT~OF~WAY STUDY COMMITT:E}E ,. FINAL REPORT AND REQt>MMENDATIONS . ,· ~· ) 1 • ...· . ;~~ ,/ ~y ~ .:," · .;;· ~·y ..·':,.' . ,.,; ) .. .. /'. / -/ •' ' Final Report of the Railroad Bed Study CommitteL' Table of Contents 1. Preface ......................................................................................................................................... 3 2. History of the Railroad Bed and Right of Way ......................................................................... 4 3. Sectional Recommendations ...................................................................................................... 5 4. Summary .................................................................................................................................. 10 5. Appendices ............................................................................................................................... 13 (NOTE: All Appendix material is located in the box turned over to the Selectmen with this report.) . a. Committee Administration and Meeting Records b. Summary of Open Public Discussions c. Summary of Committee Discussions d. Meeting Minutes e.Maps f. Documents-Legal g. Documents-General h. Documents-Petition i. Documents-Photographs j. Documents-Agreements with Hull k. Responses to requests for documentation l. Correspondence m. Newspaper Article 2 Final Report of the Railroad Bed Study Committee Preface The Railroad Bed Study Committee was established by vote of the Hull Board of Selectmen on July 9, 1990. The Committee's stated mission was to report to the Board, within 6 months, its recommendations for the proper use of the railroad bed right of way which runs the length of the Town . The Committee was comprised of: Roger Jackson Neil Pennywitt Charles Allen Donald Brooker Thomas Gould Ann Kinnear Joan McAuliffee Joseph Burke Dorothy Harney James Perchard Committee Chairman, Hull Municipal Light Plant Manager, designee of Hull's Town Manager Committee Secretary, Chairman of the Hull Planning Board Mex:nber, Chairman of the Hull Board of Selectmen Member, Hull Chief of Police, designee of the Town Manager Member, Chairman of the Hull Board of Assessors Member, Chairman of the Hull Historical Commission Member, designee of the Hull Conservation Commission Member, Citizen of Hull Member, Citizen of Hull Member, Citizen of Hull The Committee held public, advertised meetings on: August 14, 1990 January 30, 1991 September 12, 1990 February 13, 1991 September 26, 1990 February 20, 1991 October 10, 1990 March 12, 1991 November 14, 1990 March 20, 1991 November 28, 1990 May 22, 1991 December 12, 1990 May 28, 1991 January 9, 1991 June 12, 1991 January 23, 1991 Approved minutes of all the above meetings are in the Appendix. The first effort of the Railroad Bed Study Committee was to establish the Town of Hull's legal r ight(s) to determine the use of the land. The principal advisor was James B. Lampke, Esq., Town Counsel to Hull, whose interpretation was that the Town does have control of the parcels. The land was conveyed to the Town by the trustees of the New York, New Haven, and Hartford Railroad Company in 1938, and accepted by the Town in Town Meeting. This Conclusion is supported by a report by Lawrence A. Kellem, Esq. dated August 5, 1966: "The foregoing facts and recitation of applicable law lead me to the conclusion that the Town perfected its easement in and to the railroad property and t.hat the Town does presently have an easement for the purpose of a Town Way in such property. This conclusion is also supported by the release which was no doubt given to the Town by th e railroad simultaneously with the delivery of the deeds heretofore mentioned." Final Report of the Railroad Bed Study Committee Both lawyers identify that the Order of Taking issued by the Town indicates the parcel is taken as a way or highway. For legal purposes, there is no difference between these two terms. ''Ways ..." according to Lampke, "... can be viewed as property laid out or constructed to accommodate modes of travel (and other related purposes) that change as customs change and technology develops." Lampke furthermore, states that there are methods by which the Town could change the "Way" designation if it so desires. Based on this aduice, the Committee concurs that the Town ofHull does hold and control the railroad bed. The Committee did a physical assessment of the railroad bed and observed that the only permanent structures the length of the parcel appear to be a restaurant at Wade's Crossing and a storage shed at the XY Parking lot. There are some fences, one addition to an ancillary structure protruding onto the bed, many gardens, "captured" backyards, and parking areas, both formal and informal. The various areas range from well kept and finely manicured to uncared for eyesores. Generally the parcels are clean. The bed follows, to the best of the Committee's ability to interpret, the dimensions outlined in the Town's official asse.ssor's maps. At least two stone boundary markers were discovered. The Committee put out calls, through multiple vehicles, for two areas of citizen input in the study's data. All meetings were legally posted, letters and releases were run in both local newspapers, and a mass mailing was made to all 312 households identified (by the Assessor's office) as abutters to the railroad bed (copies attached). The Committee asked for interested citizens to: 1. come to its meetings to give their ideas and listen to the thoughts of others, and 2. advance any materials which they might have which showed either a. documentation about the railroad bed, or b. documentation which showed their legal right to the use or ownership of any part of the railroad bed. All documents, pictures, maps, books, postcards, etc., which were received can be found in the archives which has been turned over to the Town. In no case did the Committee receive any documentation which indicated that any party had any longterm, irrevocable rights to a part of the railroad. Citizen attendance, cooperation and input were all generous. For example, one private citizen, Paul Burgart, attended nearly every meeting. Specific ideas advanced can be seen in the Minutes (attached) of the various meetings. The Committee was in total agreement that theRailroadRightofWayis a valuable asset to the Town of Hull, and the long term protection of that asset should be of paramount concern to Town officials. Any member of the Committee who had a minority opinion was invited to add his/her opinion to this final report. ~linority opinions follow the discussion of each section recommendations. History of the Railroad Bed In 1880, Hull was on the verge of becoming a world-class summer resort. The village area, the seat of town government and home of most of the year round residents, had already attracted wealthy summer visitors from Boston for many years. NantasketPier had been built at the other end of town in the 1870s, and a fleet of steamboats carried thousands of daytrippers daily from Boston to Pemberton Pier to enjoy the beach and cool breezes. For the wealthy, there were the "Grand Hotels," which catered to their every wish as long as the money held out. A trolley line ran from Hingham to the beach, with an extension over Atlantic Hill for the exclusive use of those who occupied the lovely Victorian summer cottages that sprang up in that area. \Vi th all this activity at both ends of town, some enterprising men began to eye the economic possibil ities of beautiful Nantasket Beach. Soon, requests were being made to develop a rail line that would stretch across the long plains of the Hull peninsula. 4 Final Report of the Railroad Bed Study Committee On March 2, 1880, the Nantasket Beach Railroad Company was formed and asked permission to construct a railroad from the steamboat wharf at Nantasket Beach to Allerton Hill. Permission was granted, and service began on July 10th. It must have been a success because a new company, calling itself the Hull and Nan task et Beach Railroad Company, requested permission on September 2, 1880 to build another line, this one from Allerton to Pemberton. A month later, a third group, the Hingham and Hull Railroad Company, was formed and received permission to build a line from the end of the Nantasket Beach Railroad Company line to the Old Colony House station in Hingham, near the present-day site of the Hingham Lumber Company. These three companies operated their own lines for the rest ofthe first season. Before the 1881 season began, however, the Nantasket Beach Railroad Company applied for authority to consolidate with the other two companies. On July 3, 1881, the new railroad company began service, using steam engines and coaches, from the Old Colony House to Nantasket, Allerton, and Pemberton with no fewer than 11 stops along the way. The Nantasket Beach Railroad Company eventually closed in 1886, after struggling for some years with financial difficulties, and the Old Colony Railroad Company obtained the right to operate the line a few years later. In 1895, Old Colony installed an electrified third rail system, the very first in the nation. It took its power from Power House #1, built on the Hingham side of the Weir River. The Nantasket Beach railroad proved to be a great success and soon became the highlight of the trip from Boston to the seashore. Tourists would take the steamboat to Pemberton, then hop the open cars of the train for the cooling ride across the long beach plains to the amusement area and on to the head ofthe beach. Later, they would enjoy a romantic ride back across the long beach to· catch the last night boat for Boston from Pemberton. Over the next several decades, the railroad contributed much to Hull. The new line united the town and the long expanse of the peninsula to development. Clusters of homes sprang up around the train stations, as people took advantage of the convenience of having a train stop literally at their back doors. Eventually, the town divided into sections that to this day are known by familiar names of the old railroad stations: Nantasket, Surfside, Whitehead, Kenberma, Waveland, Bayside, Allerton, Windemere, Stony Beach, Hull, and Pemberton. ope~ed OIC Colony ran the N antasket line until July 24, 1932, when the lethal combination of the Great Depression of private autos did in both the steamboat service and the railroad. After receiving per.nission from the Legislature, Old Colony abandoned the line on May 18, 1937. On March 12, 1938, the To·,•;n Meeting voted to acquire the railroad bed for use as a public road. (See the Town Meeting Minutes in the-Appendix, page 00.J anc the growing use Sectional Recommendations The Committee noted that discussing past, present or potential current use of the Railroad Right ofWay was nearly impossible unless it was divided into smaller sections. A sectional approach also recognized the fact t.'-1.a: the current use of the Railroad Bed varied markedly depending on location. The Sections were defined as follows: 1. Town line/landfill through Rockland Circle Extension 2. Rockland Circle Extension to Phipps street 3. Phipps to Lewis Street 4. Lewis Street to A Street 5. A Street to L Street 6. L Street to XY Streets i. Stony Beach to Hull Lifesaving Museum 8. Hull Lifesaving Museum to Pemberton Point Final Report of the Railroad Bed Study Committee Each section was discussed at length and specific recommendations relating to that section, both short and long term, were made by the Committee. Each section examination is accompanied by a locus map which details the exact area discussed. The Committee has also provided a brief rationale for each sectional recommendation. By unanimous vote the Committee did make one recommendation which related to the entire length of the Railroad Right of Way: The Town should not sell any portion of the Railroad Bed which it controls. The Committee felt that disposing of public property through land sale, especially public open space, was not in the long term best interest of the Town. Protecting the Right of Way for some future use which "{llay not, at this time, be feasible was a prime motivation in this recommendation. For instance, the argument was made that rapid advances in public transportation technology, similar to those made over the last 50 years, could make the Railroad Right of Way a vital public use corridor in the future. Section 1: Town line/Landfill to Rockland Circle Extension • An easement for electrical use (power lines, etc.) should remain in place • All existing right of way property should remain public open space, and/or the existing use should be allowed to continue (roads, parking, etc.) • A small section of the bed behind what was the roller coaster is noticeably wider than the usual bed (the site of an old spur or siding?). Land subsequently sold to the Golden/Levin families may have been this spur and not the actual bed. If so, the right of way still exists unbroken under what is now the ~!DC parking lot (formally George Washington Blvd.). The Committee recommends that Town Counsel research this area of the Right of Way, and that further engineering could be required. This area is currently being used by the Town for various public purposes, including providing access to the Town Landfill and routing of utility lines. Continuing this public use is the most rational recommendation on the short term. Once the Town Landfill is closed and capped, continued access should remain to a future park or other public space. Section 2: Rockland Circle Extension to Phipps Street •The existing use should remain as is for the immediate future. All existing leases should be maintained, and open spaces preserved. • 1':fo long term recommendation is made simply because current economic forces beyond the Town's control may result in a modification of land ownership in this area (the possible dissolution of the MDC, for example). . • Potential control of MDC properly requires further study, although the Committee suggests that the historic railroad bed should revert to Town control. The Committee noted that the Town either owns or controls only a small section of the Railroad Right of Way near Wharf Avenue. All other parts of the bed in this section are either privately owned or controlled by the Metropolitan District Commission. Certain areas of this section are currently leased by the Town to private concerns (the site of Atlantic Bar and Grill, for example). The Committee also discovered that the Town may control a sizable stretch of the bed running along the beach behind the Bergan House, formerly located at the end ofQuni cy Street; this area needs further examination by Town Counsel and an engineering study. Final Report of the Railroad Bed Study Committee Section 3: Phipps Street to Lewis Street • The Committee approved, by unanimous vote, that PORTIONS OF THE RAILROAD BED IN SECTIONS 3 AND 4 AS IDENTIFIED BY THE RAILROAD BED STUDY COMMITTEE SHOULD BE AVAILABLE FOR PRIVATE LEASE. LEASABLE PARCELS INCLUDE ONLY THOSE AREAS NOT USED FOR PARKING, (EITHERTRADITIONALLYOREXISTING) OR AREAS IDENTIFIED AS RESERVED FOR FUTURE PUBLIC USE. Those areas are identified on the map appended to this section. • A number of potential lease terms are recommended; all will require review by Town Counsel: 1. All existing rights and agreements previously issued should become null and void once the recommendation made in this report are accepted. 2. All Railroad Right ofWay property leased for private use is subject to recall by the Town for public use through a 30 day written notification. 3. The Committee recommends issuing a 5 year lease with a 5 year option; value of lease tied to market rates. Sale of property terminates the lease, and both the new property owners and the abutting property owners to be given the option to lease under the same terms as the previous leaseholder; 4. The first year's lease payment be allocated to pay for required survey work; in effect the Town would obtain a current survey of the Right of Way at little or no cost to the taxpayers. 5. Each abutter to be offered 112 the Right of Way which abuts his property; 6. In event any abutter declines to lease the Right of Way abutting his property the opposite abutter is to be given the option to lease both halves; 7. Adjacent property abutters may be given the option to lease any sections of the Right of Way not leased by the immediate abutters; 8. All leases to begin and end concurrent with the same fiscal year; 9. All unleased property reverts to the town for use as public parking; 10. Some type of Special Needs abatement should be enacted; 11. Public use for routing of public utilities must be protected in the all lease documents; 12. General use guidelines (i.e. allowable improvements, upkeep and maintenance items) should be a lease condition; The Committee made this recommendation, limited to Sections 3 and 4 of the Railroad Bed, for a number of reasons. The portions of the Railroad Bed contained in the area from Phipps to L Street have seen more past "private use" than other sections, generally in a positive sense. Most abutters have extended their private property landscaping to incorporate the railroad bed. The preservation of this existing greenspaces is important both to the Town and to these property owners. Continued "minimal impact" use of the Railroad Bed through the issue ofrevokable leases in these sections .also allows the maintenance of the continuous Right of Way and protects potential public future use of the corridor. These areas of the Railroad Bed still need to be available for various concurrent public uses like the routing of' public utilities. T'ne Committee felt that setting lease fees was the responsibility of the Board ofSelectmen or their design ees, but that fees were necessary despite the fact that they will probably only provide minor financial advantages to the Town. The Railroad Bed is public property, and the Town must be reimbursed for private use of that property, if only to be fair to those residents who are not now currently enjoying similar property use advantages. The Committee also felt that funds raised through property leasing, other than those allocated to property survey, could be earmarked for maintenance of sections of the Railroad Bed reserved for public use. 7 Final Report of the Railroad Bed Study Co!Ttmittee Section 4: Lewis Street to A Street •This section is notable as it is the site of the old Waveland Station and is thus considerably wider than adjacent sections of the Right of Way. • Short term recommendation is to leave all areas as is; town parking areas remain and private use of major portions of the bed to also remain; • Longterm use should include increasing the size of the existing parking area from a single row ofparked vehicles to a double angled row with center egress. This increase in parking lot size would reduce land areas used by abutters for private yards, but would not result in a total taking. This section was discussed at some length since many of the abutting property owners noted that their rear house facades were nearly on the railroad bed lot line. The existing bed is currently used approximately 21 3 by the abutters as yard and 1/3 by the town for parking. The committee felt that increasing the parking area benefited the town at large, but noted that only the minimum amount of additional land necessary for an increase in parking area should be removed from private use. ' The Committee noted that the continuation of public parking in the Railroad Bed is a valid, and sometimes necessary, use of this space especially where adequate street parking is limited or does not exist. Section 5: A Street to L Street • The Committee discussion was similar to that of Section 3; all recommendations contained in that Section apply here. • All existing parking areas in this Section should either remain or be expanded as noted on the attached Section Map. The Committee noted that the Railroad Bed in Section 5 is more congested by cross streets has a totally different character from Section 3. The continuation ofpublic parking is an important function, as discussed in Section 4. Section 6; L Street to XY Streets •The Committee recommends that the short term use of the Right of Way r emain as is with movable barriers remaining in place midblock between each pair of cross streets to prevent vehicular traffic. [Note minority opinion below on this recommendation] • 'rhe Committee recommends that the long term use for this section should be a permanent, paved one way (northbound) street, divided with a system of alternating barriers, including marked and posted parking areas and all other signage required by law. [Note minority opinion below on this recommendation] •The Committee recommends, both for the short and longterm, that the Town owned fen ce at the corner of L Street and the Right of Way be removed and replaced with a lockable gate; access should be adequate to allow for emergency use. • Existing parking lots should remain as parking or other public use. Discussion on this Section of the Railroad Bed was the most involved and took up the majority of the time spent on the report. Most of the meetings held in 1991 were spent entirely on issues relating to this Secti on; see the amended notes for detailed discussions, motions, and actions. Public safety issues were the major focus of discussion and recommendations in this section. The major ProbI em voiced by residents in this Section was a lack of street parking. Perhaps even more important is the fact that sever a l beach front homes in this Section currently depend on the existing poorly maintained dirt 8 Final Report of the Railroad Bed Study Committee .Railroad Right of Way as their only accessway for either private or emergency vehicles. Providing an alternative traffic route for traffic when the other major north/south artery is either closed or impassable seems to be simply good planning. · The Ieng term permanent use of this Section as an auxiliary northbound roadway would help alleviate offstreet parking problems of residents and would require paving, speed bumps, warning and regulatory signage, landscaping and marking required by a secondary roadway system. Almost all abutters of this Section who attended the Committee sessions spoke out strongly against any changes in use of the Railroad Bed, and viewed the right of way as a private parking area. Minority Opinion - Short Term Use of Section 6: L Street to XY Streets To: Roger Jackson·, Chairman Railroad Bed Study Committee Hull, MA From: Railroad Bed Study Committee Members Donald F. Brooker Jim L. Linville Date: Nay 28, 1991 Subject: Minority Report The Committee, in a split vote, recommended that the Short term use of Section 6 be to maintain the Railroad bed in its present state. The present state is that barriers such as telephone poles or objects of a similar nature have been placed across the Railroad Bed halfway between each intersecting alphabet street to prevent access for motor vehicle travel and at the same time create individual parking areas. \Ve, Donald F. Brooker and Jim Linville, are in opposition to this short term goal as it prevents unimpeaded access. It does nothing more than maintain the status quo which has been a cause for concern for many years. It creates what we consider a serious public safety and motoring hazard. By allowing this condition to continue it will only tend to compound the liability issue that presently exists. It denies the residents of the Town and others the use of this Town owned property that all of the citizens of the community should be able to enjoy and benefit from. Minority Opinion - Short Term Use of Section 6: L Street to XY Streets To: Roger Jackson, Chairman Railroad Bed Study Committee Hull, MA From: Railroad Bed Study Committee Members Dorothy Harney Jim Perchard Date: June 26, 1991 Subject: Minority Report concerning Section 6 of the Report of the Railroad Bed Study Committee to the Board of Selectmen We disagree vehemently with the vote of the majority of the Committee on the long-term recommendation f'or Section 6. Final Report of the Railroad Bed St udy Committee The stretch of the railroad bed from L to XY Streets is an extremely unique area which we feel calls for very careful and special consideration. The two most important factors are: (1) the safety of all the residents of the area who use these particular streets as access to the beach; and (2) the ability of the people who have homes here on Beach Avenue to have access to, and parking at, their homes. We feel , and our opinion is r einforced by the petition of200 residents made to the Selectmen, th at the best and safest solution for the bed in this area is to leave it as it has been since the track s were removed over 50 years ago, i.e. with some sort of barrier placed at the middle of each of these str eets to prevent through traffic while at the same time allowing the owners to get to their homes. Our position, as opposed to the majority position, is that this area should not become a northbound street with alternate parking at each block. Our "No" votes reflect our dee.pest conviction that a paved road in this area is tot ally unnecessary, ·would become an extremely dangerous safety hazard, and would make access t o the Beach Avenue homes, with adequate parking for them, almost impossible. Jim Perchard Dorothy Harney Section 7: Stony Beach to Lifesaving Museum • Existing use should remain, i.e. roads should remain as roads and parking lots rem ain as parking lots. AH areas should remain zoned public open space. The town should maintain all property rights and not lease or sell land in this area. It is important to note that Fitzpatrick Way follows the Railroad Right of way from the XY S treet parking lot to the Stony Beach area. Section 8: Lifesaving Museum to Pemberton • The existing use should remain; all land should remain public open space and controlled by the Town. • Existing parking areas should remain as parking areas. Summary The Railroad Bed Study Committee, after weeks of discussion with abutters and other interested citizens, ·determined that they had two major issues to address: L Who actually owns the Railroad Right of Way; and 2. What should be done with the property. All the information which the Committee could find upheld the opinion of Town Counsel that th e fo rm er Railroad Right of Way is, with the exception of certain parcels behind the Horizons Condo complex, either ovro.ed by the Town of Hull outright by Deed or controlled through an Instrument ofTaking (easement). [See Lampke opinion contained elsewhere in this Appendix] Town Counsel also noted that, to his knowledge, no documentation of private ownership of any sectio n of the Right of Way other than the Horizons parcel was in existence. The Committee proceeded with the assumption that the Town had legal title to or control of all land in question and was thus justified in planning for it's current and future us e. ·-fr~ ... - . 10 Final Report of the Railroad Bed Study Committee Arriving at a recommendation for the use of the property was much more difficult. The Committee agreed that disposing ofpublicly owned property through land sale was not in the longterm best interest ofthe Town. The Committee also agreed that recommending one use for the entire length of the Right of Way was neither appropriate to the property or in the best interest of the Town. Public access and use surfaced as the primary motivation behind most ofthe sectional recommendations. The Committee felt that it was in the Town's long term best interest to protect the whole length of the Right of Way thus saving it for some future use which may not be either economically feasible at the current time or even considered by this Committee. The argument was made that rapid advances in public transportation technology, similar to those made over the last SO years, could make the Railroad Right ofWay a vital corridor 50 years in the future, or even sooner. Continued "minimal impact'' use of the Railroad Bed through the issue ofrevokable leases in specific Sections also allows the maintenance of the continuous Right of Way and protects potential public future use of the land. The Committee felt strongly that fees were necessary despite the fact that they will probably only provide minor financial advantages to the Town. The Railroad Bed is public property, and the Town must be reimbursed for private use of that property, if only to be fair to those residents who are not now currently enjoying similar property use advantages. This policy will be beneficial to the community as a whole rather than to only the few who happen to abut the land. The Board of Selectmen are still going to be faced with determining exactly how leasing the property can be handled, both administratively and legally. The Committee felt that they could only recommend possible lease terms, and that the final determination of those terms would be best left to the Selectmen, Town Counsel, and Town Manager. The Rrulroad Right of Way is a valuable asset to the Town of Hull, and the long term protection of that asset should be of paramount concern to Town officials. Minority Opinion re Plan and Timetable To : Roger Jack son, Chairman Railroad Bed Study Committee HulJ, MA From: Railroad Bed Study Committee Members Anne Kinnear Date: June 12, 1991 Subject: Minority Report I am a member of the Railroad Bed Study Committee and unanimously support most of the recommendations in the final report of the Railroad Bed Study Committee which will be presented to the Selectmen. I am concerned, however, that the committee did not recommend a clear and precise plan and timetable for the Railroad Bed property to be opened, clearly marked and entirely free of encumbrances. The reason for my concern is the strong proprietary feelings displayed by the abutters of the railroad bed in protesting the opening of a portion of the bed by the Fire Chief and by the comments made during the open meetings of the study committee which indicated that many of the abutters felt that because they have had the use of the property for many years that they have some rights in deciding what can or cannot be done with the property, ~~- 11 Final Report of the Railroad Bed Study Committee Also, none of the many people who spoke indicated they would con sider other uses of the rail road bed property other than as an adjunct of their own property_. The town needs to begin to reestablish its rights in the railroad bed now. The abutters of the railroad bed property need to understand that they do not own, nor have any right to, the property. A plan must be worked out to allow the Town to reclaim its property while giving the abutters as much time as possible before the Town opens the bed to alternate uses. A specific time - such as the end of the second five year lease recommended by the committee - should be decided on and the abutters notified as soon as possible. Being interested in the history of Hull and having researched and poked about for some time, I have come to the conclusion that our town has repeatedly failed to consider future needs and paid dearly for it at times. One case in point is the old village school that was torn down around 1950 - I have heard that it was so sturdily built that it took days to knock it down. I don't know why it was destroyed, but I do know that it would have made a magnificent library. · To avoid rep ea ting past mistakes we must keep in mind that to determine the best future use of this property to the town we must think first in terms of public safety and municipal needs. Final Report of the Railroad Bed Study Committee APPENDIX A Committee Administration, Attendance and Meeting Minutes Late in the Summer of 1990 the Hull Board of Selectmen held an Open Public Meeting devoted to examining past, present, and possible future uses of the old Railroad Right of Way running the length of town. At the conclusion of that meeting, the Selectmen voted to appoint a Study Committee to examine in depth this potentially complex issue. The Selectman appointed the following as members of the Committee: • • • • Chairman of the Board of Selectman (or his designee) Chairman of the Planning Board (or his designee) Town Manager (or his designee) A Representative from Public Utilities (Water Department or Light Department) appointed by the Town Manager; • Chairman of the Conservation Commission (or his designee) • A Representative of the Town Public Safety Departments (either Fire or Police), appointed by the Town Manager; • A Representative of the Assessor's Department; • A Representative from the Hull Historical Society The first meeting of the Railroad Bed Study Committee was held at Town Hall on August 14, 1990, opening at 7:30 PM. Attending that meeting were: Charles Allen Donald Brooker Thomas Gould Roger Jackson Neil Pennywitt - Chairman, Board of Selectmen - Hull Chief of Police - Chairman Hull Board of Assessors - Hull Municipal Light Plant Manager - Chairman, Hull Planning Board The first act of the Committee was to appoint Roger Jackson to serve as Chairman and Neil Pennywitt to serve as Secretary. Comments from the floor sparked discussion on the addition of members from the public at large in addition to the members appointed by the Board of Selectmen and Town Manager. The Committee subsequently requested that the Board of Selectmen advertise for two new members, one from each the north and south sides of A Street, and appoint them as soon as possible. New members were subsequently appointed by action of the Board of Selectmen on September 10, 1990 as follows: Joseph Burke Dorothy Harney Jam es Perchard - 5 Harvey Circle - 331 Beach Avenue - 53 0 Street The committee decided to hold meetings the 2nd and 4th Wednesdays of each month beginning Wednesday, September 12th, at 7:30 PM. An actual listing of the meetings and the attendance is as follows: August 14, 1990 Attending Absent Charles Allen, Chairman, Board of Selectmen Joan McAuliffe, Chairman Conservation Donald Brooker, Hull Chief of Police Commission (or designee) Thomas Gould, Town Assessor (appointee of Town Manager) Roger Jackson, Hull Municipal Light Plant Manager Neil Pennywitt, Chairman, Hull Planning Board -, r.- ' - . •. .~ ~ 13 Final Report of the Railroad Bed Study Committee September 12, 1990 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Charles Allen Donald Brooker Thomas Gould Ann Kinnear (Hall Historical Commission) Absent Joe Burke Dorothy Harney Joan McAuliffe Jam es Perchard September 26, 1990 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Charles Allen Donald Brooker Thomas Gould Ann Kinnear James Perchard Absent Joe Burke Dorothy Harney Joan McAuliffe October 10, 1990 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Charles Allen · Donald Brooker Joseph Burke Thomas Gould Dorothy Harney James Perchard Absent Ann Kinnear Joan McAuliffe November 14, 1990 Attending Roger Jack son, Chairman Neil Pennywitt, Secretary Jim Linville (for Charles Allen) Thomas Gould Dorothy Harney Jam es Perchard Absent Donald Brooker Joseph Burke Ann Kinnear Joan McAuliffe November 28, 1990 Attending Neil Pennywitt, Secretary Charles Allen Joseph Burke Thomas Gould Ann Kinnear James Perchard Absent Roger Jackson Donald Brooker Dorothy Harney Joan McAuliffe December 12, 1990 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Donald Brooker Jim Linville (for Charles Allen) Joseph Burke Thomas Gould James Perchard Absent Ann Kinnear Dorothy Harney Joan McAuliffe 14 Final Report of the Railroad Bed Study Committee January 9, 1991 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Donald Brooker Charles Allen Thomas Gould Ann Kinnear Absent Joseph Burke Dorothy Harney Joan McAuliffe James Perchard January 23, 1991 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Donald Brooker . Jim Linville (for Charles Allen) Thomas Gould Absent Joseph Burke Dorothy Harney Ann Kinnear Joan McAuliffe James Perehard January 30, 1991 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Charles Allen Donald Brooker Thomas Gould Ann Kinnear Absent · Joseph Burke Dorothy Harney Joan McAuliffe James Perchard February 13, 1991 Attending Roger Jackson, Chairman Neil Pannywitt, Secretary Charles Allen Donald Brooker Joseph Burke Thomas Gould 4-\nn Kinnear Absent Dorothy Harney Joan McAuliffe James Perchard February 20, 1991 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Charles Allen ·Donald Brooker Thomas Gould Absent Joe Burke Dorothy Harney Joan McAuliffe Ann Kinnear James Perchard March 12, 1991 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Charles Allen Thomas Gould Ann Ki;J.near Jim Lir..ville (for Charles Allen) James Perchard Absent Donald Brooker Joe Burke Dorothy Harney Joan McAulifTe 15 Final Report of the Railroad Bed Study Committee March 20, 1991 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Charles Allen Donald Brooker Thomas Gould Ann Kinnear Jim Linville (for Charles Allen) Jam es Perchard May 22, 1991 Attending Roger Jackson, Cha.lrman Neil Pennywitt, Secretary Thomas Gould Dorothy Hamey James Perchard May 28, 1991 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Donald Brooker Thomas Gould Dorothy Hamey Jim Linville (for Charles Allen) James Perchard June 12, 1991 Attending Roger Jackson, Chairman Neil Pennywitt, Secretary Donald Brooker Dorothy Hamey Jim Linville (for Charles Allen) Absent Joe Burke Dorothy Harney Joan McAuliffe Absent Charles Allen Donald Brooker Joe Burke Ann Kinnear Joan McAuliffe Absent Charles Allen Joe Burke Ann Kinnear Joan McAuliffe Absent Charles Allen Joe Burke Thomas Gould Ann Kinnear James Perchard Joan McAuliffe Copies of the Meeting Minutes from each meeting are included in the appendix of this document. Chairman Jackson stated that the end product of this study must be a written report, suitable for distribution to both Town Departments and the general public. The Committee also noted that a minority position paper should be allowed if conditions so dictated. The committee decided, after some discussion, that the study should examine the whole length of the Right of Way rather than limit itself to certain sections. The Chairman questioned when to notify abutters .about committee meetings and proceedings. The Committee discussed when to notify abutters about Committee meetings and proceeding and arrived at the decision to send out notification letter on September 17, 1990 and another before the presentation of the final r eport. Chief Brooker noted that specific recommendations from this committee should take the form of a by -l aw to provide consistency over a long period of time. Final Report of the Railroad Bed Study Committee Tom Gould stated that the assessors office had prepared a complete and current list of abutters to the Right of Way, and that it was in the computer in label format. Gould presented one printed set for use of the Committee. Brooker stated that the Town is the official owner of all records gathered by the committee and th at they must be made available for inspection to others. Allen presented the committee with the book Nantasket Beach Branch of the New York, New Hauen and Hartford Railroad Company. Pioneer Electrification, by Bob Mcgarigle. Although out of print, Allen noted that it was a valuable source of information on the active years of Railroad operation. Brooker brought to the meeting a summary of all pertinent actions taken at Town Meetings from 1928 to 1938. He stated that at the Town Meeting in 1938 the land takings was referred to a being intended for purposes such as highways, roadways, parking, and other public uses. Jackson presented the Committee with a collection of7 survey maps dating from the early 1930's detailing the Railroad Right ofWay and adjacent properties, obtained by Jim Linville and given to the Committee for it's use. 17 Final Report of the Railroad Bed Study Committee APPENDIXB Summary of Open Public Discussions In the first meeting on August 14th, a good deal of the discussions from attending citizens concerned the current legal ownership of the right of way. The Chafrman stated that he would request Town Counsel to research the question and issue a Statement of Ownership by the next meeting if possible. Lampke's reply statement is noted in the next section of this report. · The meeting of October 10, 1990 was particularly well attended by members of the general P,Ublic. Jackson summarized the instructions to the Committee from the Board ofSelectmen and information gleamed to date for the approximately 20 citizens in attendance, and invited their comments concerning the use of the Railroad Bed Right of Way. Winfred Kelly, 49 ManometAvenue, recommended sale of the land to the abutters, or suggested renting the land if sale was not considered feasible . She noted that she has held a use agreement with the Town since 1962. ' Edith Damon, 131 ManometAvenue, noted that, as an e)derlyresident on a fixed income, she could not afford to purchase the land abutting her property but still wanted to exercise some control over its use. Joseph Finegello, Jr., 67 E Street, recommended that abutters to the right of way buy the land and then pay the annual town taxes for it. Paul Burgart," 52A Samoset Avenue, questioned how the Town planned to maintain the bed as it exists along Samoset Avenue. Eric Green, 68 H Street, suggested that the committee evaluate the paten tial end use impacts. He stated that parking use could potentially decrease the assessed values of adjacent properties and thus reduce tax revenues. Marshal Shapiro, 76 H Street, stated that he felt that actual ownership of the land was a "guess" by the Town . He recommended that the land be left as it is now but that abutters be taxed for its private use through a license process. Ralph LeBlanc, 931 Nantasket Avenue, noted that the committee should develop an overall plan which showed the existing use of the Railroad Bed. He warned that any suggested end use must be weighed against potential impact to abutters. Helen Semo, 165 ManometAvenue, suggestedchargingrent to abuttersfortheprivateuseoftheright of way. The meeting of November 28, 1990 was also well attended. Several citizens spoke to the issue of potential ownership of the land, and recommended that abutters be given the opportunity to purchase adjacent town owned property. Most of the remaining in attendance recommended the Town leasing property to abutters if sale was not feasible or legal. The public in attendance were informally polled and were evenly split between sale and lease of the property to abutters. Allen noted, however, that since all Town residents controlled use of the property its final disposition had to be left to the Town as a whole and not just to the abutters. At the meeting on January 9, 1991, the Chairman read into the record a certified letter from Bern ard Kansky expressing his concerns about potential uses of the Railroad Bed and offering suggestions regarding use, particularly in the section from L to XY Streets. Kansky essentially recommended continued use in the manner which it c:.irrently exists. The Chairman relayed to the Committee Mr. Kansky's request that he be personally called by the Chairman 18 Final Report of the Railroad Bed Study Committee after each meeting and told of the proceedings. Jackson reported that Kansky was told the meetings were open to the public and all records, including meeting minutes, were available for examination. Brooker noted for the record that Kansky had not attended any of the previous meetings. 19 Final Report of the Railroad Bed Study Committee APPENDJXC Summary of Committee Discussions At the August 14, 1990 meeting Brooker raised several initial points about the right of way as it now exists: a. Public safety hazards are currently a problem; b. Public property should be used by the public at large and not limited to use by individuals; c. Stated that Police Department has recommended since 1980/1981 that the Right of Way be upgraded to allow parking and other municipal uses; d. Noted that a mechanism must be in place to notify abutters of work which could impact private property. The Committee took a walking tour of the Railroad bed from the town landfill to A street on Sunday, September 9th. Jackson noted that few permanent strnctures existed in the right of way but stated that fencing, shrubbery, and other landscaping was the norm rather than the exception. Several fences extended · across the right of way which prevented either pedestrian or vehicular traffic. Members of the Committee walked the section of the be~ from A to XY Streets, ·the Yacht Club area, and the sections adjacent to Stony Beach on Sunday, October 17th.No permanent obstructions were found, although there were encroachments such as fencing and landscaping. Jim Perchard maintained a photographic record of the walk. Brooker stated that the Committee needed documentation of existing uses to show encroachment wherever it may occur. · Jackson noted that aerial photographs were taken and would be made available to the committee. Town Counsel James Lampke attended the meeting of September 26, 1990 and made several comments: 1. Lampke stated that the Selectmen were adding a letter to the one the committee was sending to abutters requestingthat no further use ofthe right of way occur until final recommendations from the committee are discussed by the Selectmen. 2. Stated that he was not prepared at this time to give a definitive legal opinion on the exact ownership status of the Railroad Bed, but noted that: a. The Town acquired the right of way to be used for a street and that the Town has "sufficient legal interest" to maintain a road on it; b. A legal report on the right of way by Larry Kellem done some years ago would be forwarded to the committee as soon as it's release was approved by the Board of Selectmen; c. The Selectmen's Office has a file on licenses issued relating to private use of the right of way 3. Lampke stated that the committee should assume legal ownership of the right of way until documentation could prove otherwise and proceed with the study as directed by the Board of Selectmen; 4. Lampke noted that in order to definitively prove ownership the Town would need plans showing each abutting parcel accompanied by the legal instrnment which allowed taking of the right of way property. The Town Counsel stated that he would research the legal questions raised by the committee and report, if possible, his findings at the meeting on October 24th. Brooker stated that he would attempt to locate the minutes of the Town Meeting in 1938 which defined the proposed use of the Railroad Right ofWay as a road. He noted that use other than that of a public way should require a legal opinion. The Committee members commented on what they perceived as potential problems with the railroad bed after numerous comments from attending private citizens at the meeting of October 10, 1990. Perchard noted that properties along XY streets needed the right of way for property egress. Harney stated Final Report of the Railroad Bed Study Committee that the area of most concern seemed to be from L to XY streets. Pennywitt stated that the Planning Board has recommended that the Town should never sell Town owned land but rather keep control of it through leases or other similar arrangements. Allen suggested that leasing of different sized parcels is a possibility. Allen also noted that an open Right of Way from L to XY streets may required as the ocean side access road for properties fronting along the beach. Jackson questioned, in light of the egress necessity of the right of way from L to XY streets, whether sale of the land should even be considered. Perchard suminarized the discussion by noting that the committee was responsible to all the taxpayers of the town, not just the abutters of the Railroad bed, and that recommendations as to use of the Railroad Bed Right of Way must be made in that light. He noted that there was probably not one solution for the entire right of way, and that compromise solutions are always difficult to obtain. To'N!l Counsel also attended the meeting ofN ovember 14, 1990 and took the floor to address two speclfic legal questions raised by Committee members during previous meetings. Lampke also referred to the his written response, dated October 24, 1990, distributed to the Committee members the previous week. 1. What is a Way? Lampke clearly stated that, for the purposes of this study, "there is no practic~l distinction between a way' and· a highway," and further "that motor vehicles, foot travelers and bicycle users can ·u se a way." He further noted that final restrictions on use of the way are set by the Board of Selectmen. 2. Can the Acquisition Purpose be Changed from a Way? Lampke note_s that "it is possible for a town to change the purpose for which it acquired property,n but that a change of use would be unnecessary for most contemplated uses. Committee members questioned Lampke at some length in an attempt to clarify actual ownership of the property. Town Counsel stated for the record that the former Railroad Bed Right of Way is, with the exception of certain parcels behind the Horizons Condo complex, in fact either owned by the Town of Hull outright by Deed or controlled through an Instrument of Taking (easement). Lampke noted that, to his knowledge, no documentation of private ownership of any section of the Right of Way other than the Horizons parcel was in existence. The meeting ofNovember 28, .1990 was particularly well attended by the general public. Chairman Jackson was absent, so Secretary Pennywitt opened meeting with a general statement bringing the attending citizens up to date on the status of Committee activities since the first meeting in August. Pennywitt noted that recent articles in the print media stating that this was the last open meeting for public discussion were in error, and that public discussion would be welcomed and encouraged throughout the study process. He did state, however, that this meeting was the last which the committee would devote solely to public input, and that the committee would begin discussions on materials and information received to date at the meeting on December 12th. There was still some confusion as to legal ownership of the Right of Way. Pennywitt stated again that, according to Town Counsel, the Town either owns by Deed, or controls through easements, the entire length of the of the old Right ofWay from the landfill to Pemberton Point. Pennywitt noted that the Committee would Proceed with the assumption that the Town controlled the Right ofWay a·nd any recommendations for future use would reflect that assumption. Several citizens questioned Committee members on their proposed recommended action . Pennywitt noted that the Committee has purposely not begun discussion on futur e use but has be en gathering information Final Report of the Railroad Bed Study Committee up to this point. Perchard stated that uses proposed to date included property sale, property lease, use as a road, as an emergency public accessway, as parking, as a bike path, as a walking trail, and as a public transportation way (railroad/trolley) among others. The meetingofDecember 12, 1990 saw the Committee members trying to determine how to handle discussion of all information received to date. Brooker stated that the committee needed to identify both short and long term goals as part of the proposal. Most long tenn goals all seem to need funding. The final plan should express both. Burke suggested that the committee identify specific recommended treatments or use of various areas and then incorporate the short and long term goals. Jackson suggested a sectional approach which was modified and agreed upon as follows: 1. Town line/landfill throu'g h Rockland Circle Extension 2. Rockland Circle Extension to Phipps street 3. Phipps to Lewis Street 4. Lewis Street to A Street 5. A Street to L Street 6. L Street to XY Streets 7. Stony Beach to Hull Lifesaving Museum 8. Hull Lif~saving Museum to Pemberton Point Discussion began on various sections, and is contained in the next section of this report. The Committee also discussed particular mechanisms of the final document, and made suggestions concerning materials already collected: • Recommended that each section of the bed, as identified by the Committee, be discussed with a map of that section provided in that discussion. •Recommended that the bookNantasket Beach Branch ofthe New York, N ew Haven & Hartford Railroad Company, by Bob McGarigle be copied and included in the archives. 22 Final Report of the Railroad Bed Study Committee APPENDIX Minutes Final Report of the Railroad Bed Study Committer! RAILROAD BED RIGHT-OF-WAY STIJDY COMMITTEE Meeting Minutes of August 14, 1990 Pagel Attending: Charles Allen Roger Jack son Donald Brooker Thomas Gi>uld Neil Pennywitt - Chairman, Board of Selectmen - Hull Municipal Light Plant - Hull Chief of Police - Town Assessor - Chairman, Hull Planning Board Meeting opened at 7:30 PM in Hull Town Hall, Charles Allen presiding until officers selected. Chief Brooker moved that Roger Jackson be elected chairman of the committee, seconded by Neil Pennywi tt. Motion approved by unanimous vote. Charles Allen moved thatNeil Pennywitt be elected Secretary, seconded by RogerJackson. Motion approved by unanimous vote. Chairman Jackson stated that the end product of this study must be a written report, suitable for distributio n to both Town Departments and the general public. Committee noted that a minority position paper would also be allowed if conditions so dictated. Chief Brooker stated that specific recommendations from this committee should take the form of a by-law to provide consistency over a long period of time. Brooker also raised several points about the right of way: a. b. c. d. Public safety hazards are currently a problem; Public property should be used by the public at large and not limited to use by individuals; Stated that Police Department has recommended since 1980/1981 that the Right of Way be upgraded to allow parking and other municipal uses; Noted that a mechanism must be in place to notify abutters of work which could impact private property. Discussions from attending citizens raised legal question as to current legal ownership of the right of way. Chairman stated that he would request Town Counsel to research the question and issue Stat ement of Ownership by the next meeting if possible. Comments from the floor sparked discussion on the addition of members from the public at large in addition to the members appointed by the Board of Selectmen and Town Manager. Charles Allen moved that the committee add two new members, one from each the north and south side of A Street. Seconded by Tom Gould. Motion approved unanimous vote. Chairman Jackson to request that the Board of Selectmen advertise the positions and appoin t the new members ASAP. The committee decided, after some discussion, that the study should examine the whole length of the Right of Way rather than limit itself to certain sections. The committee decided to hold meetings the 2nd and 4th Wednesdays of each month beginning Wednesday, September 12th, at 7:30 PM. ~Q~=®. 24 Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of August 14, 1990 Page2 Chairman Jackson requested that three things occur before the next meeting: 1. The Planning Board should package all pertinent materials prepared by The Town Planner and th e Board and distribute the same to the members ; 2. The Assessors Office should attempt to generate a definitive list of all current property abutters to the Right of Way. 3. Town Consul issue a final Statement of Ownership on the Right of Way. Charles Allen moved that the meeting be adjourned at 9:45 PM, seconded by Neil Pennywitt. Motion approved by unanimous vote. 25 Final Report of the Railroad Bed Study Committee RAJLROAD BED RIGHT-OF· WAY STUDY C01\-1MITI'EE Meeting Minutes of September 12, 1990 Attending: Roger Jackson, Chairman; Neil Pennywitt, Secretary; Charles Allen; Donald Brooker; Thomas Gould; Ann Kinnear Absent: Joseph Burke; Dorothy Harney; Joan McA.uliffe; James Perchard Meeting opened at 7:30 PM in Hull Town Hall. Meetings from last meeting read and corrected. Motion to approve corrected minutes made by Allen, seconded by Brooker. Motion approved by unanimous vote. New members appointed by action ofthe Board ofSelectmen on September 10, 1990 are: Joseph Burke, Dorothy Hamey and J arnes Perchard. Torn Gould stated that the assessors office had prepared a complete and current list of abutters to the Right of Way, and that it was in the computer in label format. Gould presented one printed set for use of the committee; Chairman Jackson to hold until final report. Brooker stated that the Town is the official owner of all records gathered by the committee and that they must be made ,available for inspection to others. The Chairman questioned when to notify abutters about committee meetings and proceedings. ·Discussion arrived at decision to send out notification letter now and another before the presentation of the final report. Committee directed Secretary to compose and present a letter ofnotification to the Board of Selectmen for their approval at th!'! meeting of September 17, 1990. Allen presented the committee with the bookNantasket Beach Branch ofthe New York, New Ha uen and Hartford Railroad Company. Pioneer $lectrifzcation, by Bob Mcgarigle. Although out of print, Allen noted that it was a valuable source of information on the active years of Railroad operation. Committee instructed Secretary to contact author, if possible (c/o Box 186, Acton, MA 01720), and attempt and gather information he may have which could be of use in this study. Pennywitt stated that all committee members should have already received a set of discussion papers prepared by the Tov.n Planner for the Planning Board. Kinnear given papers at the meeting. Brooker brought to the meeting a summary of a11 pertinent actions taken at Town Meetings from 1928 to 1938. Stated that at the Town Meeting in 1938 the land takings was referred to a being intended for purposes such as highways, roadways, parking, and other public uses. Committee questioned if perhaps this type ofresearch has already been done in the past. Ifnot, it was decided that all town records must be search for relevant information. Jackson suggested that such research might by done by local college or university students. Pennywitt stated that such research would be a natural directed study project for Hull High students. Committee agreed and directed Chairman Jackson to cont.act School Superintendent and invite her to the next meeting to discuss this concept. Jackson also noted that Town Counsel Jam Lampke would be at the next meeting to summarize legal positions. Jackson brought to the meeting a collection of 7 survey maps dating from the early 193 O's detailing the Rai !road Right of Way and adjacent properties, obtained by Jim Linville and given to the committee for it's use. Committee agreed to hold a walkingtourofthe RightofWay on Sunday, September 23rd, beginningatthe landfil l at 12:30 P:VL Pennywitt moved to adjourn at 9:30 P~I, seconded by Allen. Approved by unanimous vote. Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMTITEE Meeting Minutes of September 26, 1990 Pagel Attending: Roger Jackson, Chairman; Neil Pennywitt, Secretary; Charles Allen; Donald Brooker: Thomas Gould; Ann Kinnear; James Perchard Absent: Joseph Burke; Dorothy Harney; Joan McAuliffe Meeting opened at 7:30 PM in Hull Town Hall. Meetings from the meeting of September 12th read. Motion to approve minutes made by Perchard, seconded by Kinnear. Motion approved by unanimous vote. Chairman Jackson noted that-the Committee took a walking tour of the Railroad bed from the town landfill to A street on Sunday, September 9th. Jackson noted that few permanent structures existed in the right of way but stated that fencing, ·shrubbery, and other landscaping was the norm rather than the exception. Several fences extended across the right of way which prevented either pedestrian or vehicular traffic. The remainder of the right of way will be walked by the C~mmittee members at a later date. Brooker stated that the Committee needed documentation of existing uses to show encroachment wherever it may occur. Jackson noted that aerial photographs were taken and would be made available to the committee. Chairman gave the floor to Town Counsel , James Lampke for several comments: 1. Lampke stated that the Selectmen were adding a letter to the one the committee was sending to abutters requesting that no further use of the right of way occur until final recommendations from the committee are discussed by the Selectmen. 2. Stated that he was not prepared at this time to give a definitive legal opinion on the exact ownersh ip status of the Railroad Bed, but noted that: · a. The Town acquired the right of way to be used for a street and that the Town has "sufficient legal interestn to maintain a road on it; b. A legal report on the right of way by Larry Kellem done some years ago would be forwarded to the . committee as soon as it's release was approved by the Board of Selectmen; c. The Selectmen's Office has a file on licenses issued relating to private use of the right of way 3. Lampke stated that the committee should assume legal ownership of the right of way until documentation could prove otherwise and proceed with the study as directed by the Board of Selectmen; 4. Lampke noted that in order to definitively prove ownership the Town would need plans showing each abutting parcel accompanied by the legal instrument which allowed taking of the right of way · property. Town Counsel stated that he would research the legal questions raised by the committee and report, if possible, his findings at the meeting on October 24th. Brooker stated that he would attempt to locate the minutes of the Town Meeting in 1938 which defined the proposed use of the Railroad RightofWay as a road. He noted that use other than that of a public way shoul d require a legal opinion. Jackson reported that he had met with School Superintendent Clair Sheff to discuss the participation of students in gatheringinformation for the Committee. Jackson stated that Sheff agreed with the concept and would relay the request to the teaching staff. Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of September 26, 1990 Page 2 Brooker questioned the possibility ofmicrofilming the final report. Jackson agreed to see if this was possible. Chairman Jackson asked for Committee members to comment on the next step: Kinnear: Jackson: Allen: Pennywitt: Gather more info, especially from the public; wait for Lampke report Encourage public participation at next meeting after mailing of notice letter Encourage participation at public hearing; keep accurate records of public response Requested that location maps be available for viewing at meeting on October 10th. Jackson directed Secretary to notify local press of the public hearing. Motion to adjourn by Pennywitt, seconded by Allen, Approved by unanimous vote. Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of October 10, 1990 Page 1 Attending: Roger Jackson, Chairman; Neil Pennywitt, Secretary; Charles Allen; Donald Brooker; Joseph Burke; Thomas Gould; Dorothy Hamey; James Percha rd Absent: Ann Kinnear, Joan McAuliffe Meeting opened at 7:30 PM in Hull Town Hall. Minutes from the meeting of September 12th read. Motion to approve minutes made by Burke, seconded by Allen. Motion approved by unanimous vote. Jackson summarized the instructions to the committee from the Board of Selectmen and information gleamed to date for the approximately 20 citizens in attendance, and invited their comments concerning the · use of the Railroad Bed Right of Way. Winfred Kelly, 49 Manomet Avenue, recommended sale of the land to the abutters, or suggested renting the land if sale was not considered feasible. She noted that she has held a use agreement with the Town since 1962. Edith Damon, 131 ManometAvenue, noted that, as an elderly resident on a fixed income, she coul d not afford to purchase t}?.e land abutting her property but still wanted to exercise some control over its use. Joseph Finegello, Jr., 67 E Street, recommended that abutters to the right of way buy the land and then pay the annual town taxes for it. Paul Buryant, 52ASamoset Avenue, questioned how the Town planned to maintain the bed as it exists al ong Samoset Avenue. Eric Green, 68 H Street, suggested that the committee evaluate the potential end use impacts. He stated that parking use could potentially decrease the assessed values of adjacent properties and thus reduce tax revenues. Marshal Shapiro, 76 H Street, stated that he felt that actual ownership of the land was a "guess" by the Town. He recommended that the land be left as it is now but that abutters be taxed for its pri vate use through a license process. Ralph LeBlanc, 931 Nantasket Avenue, noted that the committee should develop an overall plan which showe.d the existing use ofthe Railroad Bed. He warned that any suggested end use must be weighed against . potential impact to abutters. Helen Semo, 165 ManometAvenue, suggestedchargingrent to abutters for the privateuseoftherightofway. Discussion among the members of the committee followed comments from the floor. Perchard noted that properties along XYZ streets needed the right of way for property egress. Harney stated th at the ar ea of most concern seemed to be from L to XYZ streets. Pennywitt stated that the Planning Board has recommended that the Town should never sell Town owned land but rather keep control of it through leases or other similar arrangements. • Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of October 10, 1990 Page 2 Allen suggested that leasing of different sized parcels is a possibility. Allen also noted that an open Right ofWay from L to XYZ street may required as the ocean side access road for properties fronting along the beach. Jackson questioned, in light of the egress necessity of the right of way from L to XYZ street, whether sale of the land should even be considered. Perchard summarized the discussion by noting that the committee was responsible to all the taxpayers of the town, not just the abutters of the Railroad bed, and that recommendations as to use of the Railroad Bed Right ofWay must be made in that light. He noted that there was probably not one solution for the entire right of way, and that compromise solutions are always difficult to obtain. Chairman Jackson noted that he would speak with Cl~r Sheff concerning potential student help before the next meeting. · . The Committee agreed to do the second phase of the walking examination of the Railroad Bed, from A street to the High School, for Sunday, October 17 at 1:00 PM. Motion to adjourn:at 9:30 PM by Perchard, seconded. by Jackson. Appr~ved by.unanimous vote. Final Report of the Railroad Bed Stlldy Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of November 14, 1990 Page 1 Attending: Roger Jackson, Chairman; Neil Pennywitt, Secretary; Jim Linville (for Charles Allen); Thomas Gould; Dorothy Harney; Jam es Perchard Absent: Donald Brooker; Joseph Burke; Ann Kinnear, Joan McAuliffe Meeting opened at 7:30 PM in Hull Town Hall. Minutes from the meeting of October 10th read. Motion to approve minutes made by Perchard, seconded by Gould. Motion approved by unanimous vote. Chairman Jackson opened the meeting with the statement that he felt the time allowed for citizen input should be about over. Jackson .suggested that this meeting, with comments by Town Counsel James L~mpke, and the next regularly scheduled meeting, on November 28th, should be last devoted solely to information gathering. Jackson recommended that the committee begin discussion on information in hand on December 12th. After · some deliberation the committee members agreed with the recommendation. The Committee felt that the general public should be urged for the final time, through notification in the local media, to bring forward any materials relating to the Railroad Bed. The Secretary was directed to enlist the aid of the local media for this last push. Jackson reported that the Committee walked the section of the bed from A to XYZ, the Yacht Club area, and the sections adjacent to· Stony Beach on Sunday, October 17th. No permanent obstructions were found , although there were encroachments such as fencing and landscaping. Jim Per.chard maintained a photographic record of the walk. Town Counsel James Lampke, in attendance at the request of the Committee, took the floor and addressed two specific legal questions raised by Committee members during previous meetings. Lampke also referred to the his written response, dated October 24, 1990, distributed to the Committee members the previous week. 1. What is a Way? Lampke clearly stated that, for the purposes of this study, "there is no practical distincti on between a way and a highway," and further "that motor vehicles, foot travelers and bicycle users can use a way." He further noted that final restrictions on use of the way are set by the Board of Selectmen. 2. Can the Acquisition Purpose be Changed from a Way? Lampke notes that "it is possible for a town to change the purpose for which it acquired property," but that a change of use would be unnecessary for most contemplated uses. Committee members questioned Lampke at some length in an attempt to clarify actual ownership of the property. Town Counsel stated for the record that the former RailroadBedRightofWayis, with the exception of certain parcels behind the Horizons Condo complex, in fact either owned by the Town of Hull outright by Deed or controlled through an Instrument of Taking (easement). ~G~Jl 31 Final Report of the Railroad Bed Study Committee RAJLROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of November 14, 1990 Page 2 Lampke noted that, to his knowledge, no documentation of private ownership of any section of the Right of Way other than the Horizons parcel was in existence. Edith Damon presented to the Committee a package of materials relating to property at 163 Mano met Avenue. Private citizens in attendance requested a list of abutters from the Town Assessor for use in an effort to notify those who may not have attended previous meetings of the Committee's intention to begin deliberations of potential use. Gould provided the requested list for citizen use. Motion to adjourn at 9:30 PM by Linville, seconded by Perchard. Approved by unanimous vote. Final Report of the Railroad B i!d Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of November 28, 1990 Attending: Neil Pennywitt, Secretary; Charles Allen; Joseph Burke; Thomas Gould; Ann Kinnear; James Perchard Absent: Roger Jackson, Chairman; Donald Brooker; Dorothy Harney; Joan McAuliffe Meeting opened at 7:30 PM in Hull Town Hall. Minutes from the meeting of November 14th read. Motion to approve minutes made by Perchard, seconded by Gould. Motion approved by unanimous vote. Chairman Jackson was not in attendance, and the meeting was chaired in his absence by the Committee Secretary, Pennywitt. Pennywitt opened meeting with a general statement bringing the attending c.itizens up to date on the status of Committee activities since the first meeting in August. Pennywitt noted that recent articles i n the print med.fa stating that this was the last open meeting for public discussion were in error, and that public discussion would be welcomed and encouraged throughout the study process. He did state, however, that this meeting was the last which the committee would devote solely to public input, and that the committee would begin discussions on materials and information received to date at the meeting on December 12th. The floor was opened to comments from attending citizens. Several spoke to the issue of potential ownership of the land, and recommended that abutters be given the opportunity to purchase adjacent town owned property. Most of the remaining in attendance recommended the Town leasing property to abutters if sale was not feasible or legal. There was still some confusion as to legal ownership of the Right of Way. Pennywitt stated again that, according to Town Counsel, the Town either owns by Deed, or controls through easements, the entire length of the of the old Right of Way from the landfill to Pemberton Point. Pennywitt noted that the Committee would proceed with the assumption that the Town controlled the Right of Way and any recommendations for future use would reflect that assumption. Several citizens questioned Committee members on their proposed recommended action. Pennywitt noted that the Committee has purposely not begun discussion on future use but has been gathering information up to this point. Perchard stated that uses proposed to date included property sale, property lease, use as a road, as an emergency public accessway, as parking, as a bike path, as a walking trail, and as a public transportation way (railroad/trolley) among others. The public in attendance were informally polled and were evenly split between sale and lease of the property to abutters. Allen noted, however, that since all Town residents controlled use of the property its final disposition had to be left to the Town as a whole and not just to the abutters. Pennywitt requested, on behalf of the Chairman, that all Committee members review materials received to date, including minutes of past meetings , and be prepared to begin potential use discussions at the next regi.tlar meeting on December 12th. Motion to adjourn at 9:30 PM by Perchard, seconded by Burke. Approved by unanimous vote. -~- 33 Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITfEE Meeting Minutes of December 12, 1990 Page 1 Attending: Roger Jackson, Chairman, Neil Pennywitt, Secretary; Donald Brooker, Jim Linville (for Charles Allen); Joseph Burke; Thomas GQuld; James Perchard Absent: Ann Kinnear, Dorothy Hamey; Joan McAuliffe Meeting opened at 7:30 PM in Hull Town Hall. Minutes from the meeting of November 28th read. Motion to approve minutes made by Gould, seconded by Burke. Motion approved by unanimous vote. The Chairman opened discussion from the floor asking for any comments, suggestions or clariflcations from attending townspeople. Hearing none, discussion among the board centered on how to structure the examination of materials received and suggestions made to date. Brooker stated that the committee needed to identify both short and long tenn goals as part of the proposal. Most long term goals all seem to need funding. The final plan should express both. Burke suggested that the committee identify specific recommended treatments or use of various areas and then incorporate the short and long term goals. Jackson suggested a sectional approach which was modified and agreed upon as follows: 1. 2. 3. 4. 5. 6. 7. 8. Town landfill through Levin property Levin property to Phipps street Phipps to A Street A Street to L Street L Street to 0 Street 0 Street to XYZ Streets Stony Beach to Hull Lifesaving Museum Hull Lifesaving Museum to Pemberton Point Discussion began on various sections. Section 1: Landfill to Levin Property An easement for electrical use (power lines, etc.) should remain in place All existing right of way property should remain public open space Section 2: Levin Property to Phipps Street Noted that the town only owns a small section of the right of way near the stop light. All other sections are either privately owned or controlled by the MDC. The existing use should remain as is short term. ·~- 34 Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of December 12, 1990 Page 2 Section 3: Phipps Street to A Street Discussion occurred over possible sale or lease of town controlled sections of the Right of Way. The general consensus was that the land should not be sold, but that leasing may be an option. The committee did not identify either the mechanism or town authorities involved in potential leasing. The Committee suggested that parking at the existing parking lots at A Street and Kenberma should be continued and/or expanded. Burke stated that he perceived the biggest problem facing the Committee when considering a change of use was the potential destruction of substantial private investment of time and money in landscaping improvements. Section 4: A Street to L Street Committee discussion similar to that of Section 3 above; that all existing parking to remai n or be expanded. Section 5: L Street to 0 Street Brooker recommended that the Right of Way be made into a one way street (northbound) over this span to be used when public safety demanded (i.e. parades, etc.). Suggested a lockable gate be placed at the L Street end to prevent permanent use. Section 5: L Street to 0 Street (cont.) Jackson queried why not permanent use. Brooker responded that it was not needed on the short term. On the long term permanent use would help alleviate off-street parking problems ofresiden ts, but would require paving, speed bumps and marking. Short term use would not require these improvements. Section 6: 0 Street to XYZ Streets The committee, after discussion, suggested that the long term goal for the area should be a permanent one way (northbound) street. The short term goal could be minimal grading and road improvements and the insertion of stantions, alternating from side to side, to allow for travel and parking without allowing high speeds. The committee noted that this area needed a great deal more discussion before any final recommendations could be made. Section 7: Stony Beach to Lifesaving Museum Existing use should remain, i.e. roads should remain as roads and parking lots remain as parking lots. All areas should remain zoned public open space. The town should maintain all property rights and not lease or sell land. .g~ ... . 35 Final Report of the Railroad Bed Study Committ~e RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of December 12, 1990 Page 3 Section 8: Lifesaving Museum to Pemberton The existing use should remain; all land should remain public open space and controlled by the Town. Chairman Jackson suggested that the next regular meeting should be on Wednesday, January 9th, and that the meeting scheduled for Wednesday, December 26th should be canceled. All Committee members approved. Motion to adjourn at 9:30 PM. by Pennywitt, seconded by Gould. Approved by unanimous vote. Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT~OF-WAY STUDY COMMITI'EE Meeting Minutes of January 9, 1991 Page 1 Attending: Roger Jackson, Chairman, Neil Pennywitt, Secretary; Donald Brooker, Charles Allen; Thomas Gould, Ann Kinnear Absent: Joseph Burke; Dorothy Harney; Joan McAuliffe, James Perchard Meeting opened at 7:55 PM in Hull Town Hall. Minutes from the meeting of December 12th read. Motion to approve minutes made by Kinnear, seconded by Glden family was sold to them shortly after the Railroad Bed was acquired by the Town in 1938. John Meschino questioned whether this sale constituted a precedent for sale of the bed on a parcel by parcel basis. Committee members referred him to the report which noted that the sale of town land was probably not in the long term best interest of the Town . .3. Phipps to A Street The attending citizens were initially non-receptive to rational discussion and spent a fairly substantial amount oftime questioning the legality and necessity ofthe whole study process. Several stated that they had never heard of the meetings, that they were never notified of the study, and commented that the Town should have gone to the expense of placing ads in all the regional papers to insure that the widest possible audience was reached. The Chairman summarized the lengths to which the Committee went to make the meeting schedule as public as possible on a severely limited budget ($0). Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITfEE Meeting Minutes of March 12, 1991 Page 2 Most of the citizens in attendance seemed to think that the Committee was recommending that the Town convert the Railroad Bed into some other use. Both Chairman Jackson and Secretary Pennywitt attempted to explain to a fairly hostile audience that the Committee recommended that the Selectmen allow a continuation of the existing private use of the Bed in the area from Phipps to L Street. Other Committee members further explained that existing parking areas would generally remain as parking areas. There was an general consensus from most attending abutters that the Committee recommendation that the Bed be leased to those abutters was, variously, "extortion," "illegal," "unfair taxation," and "absurd." Abutting Attorney Bernard Kansky recommended to all attending abutters that a class action legal suit to reclaim this property through adverse possession was an viable option. Kansky further stated that no abutter should agree to any lease terms with the Town for use of the Railroad ~ed Right of Way property. Abutters in the Lewis Street area noted that the old station in that area of the bed reduced their back yard area severely, and asked if the Committee might study allowing lease of a larger portion of the Bed in that area. 4. A Street to L Street Discussion in this section mirrored that of Section 3, and no new issues were identified. 5. L Street to 0 Street Most a:ttendingabutters to the Bed in this area questioned the Committee's recommendation to allow for emergency one way travel. Bernard Kansky stated that any proposed paving of the railroad bed would destroy the "rustic, rural character" of the neighborhood and reduce property values. Members of the Committee questioned whether the existing dusty, dirt and gravel railroad bed, now used largely for resident parking, was "rustic and rural". The general consensus of attending abutters was that Central Avenue was sufficient to serve as an alternate North/South artery in the event that Nantasket Avenue was temporarily closed. Abutters also held that the Bed was not accessible to large vehicles (such as fire trucks) without major modifications to the comers where the right of way intersected with cross streets. The Committee agreed to ask Fire Chief Russo to set up a site demonstration using fire equipment to settle the accessibility question . The Committee referred to the Draft Report to point out that a sizable number of the homes along Beach Avenue were accessible only from the Railroad Bed. Abutters stated that this had not been a problem in the past and that they saw no reason to rectify it in the future. Perchard noted that he would write a minority opinion reflecting residents concerns on this section. Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of March 12, 1991 Page 3 6. 0 Street to XY Streets Discussion mirrored that of Section 5 (above). 7. Stoney Beach to Hull Lifesaving Museum There was no discussion from the floor on this area. 8. Hull Lifesaving Museum. to Pemberton Point There was no discussion from the floor on this area. The Committee scheduled a meeting for Wednesday, March 20th to go over issues raised at this meeting. In particular, Sections 5 and 6 seemed to warrant further discussion and commentary. Motion to adjourn at 10:00 PM by Perchard, second by Pennywitt. Unanimous vote to approve. Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of March 20, 1991 Attending: Roger Jackson, Chairman, Neil Pennywitt, Secretary; Charles Allen; Thomas Gould; Ann Kinnear; Jim Linville (for Charles Allen); James Perchard Absent: Joe Burke; Dorothy Hamey; Joan McAuliffe Meeting opened at 7:30 PM in Town Hall. Minutes from the meeting of March 12th were read ; motion to approve by Allen, ~econd by Kinnear. Unanimous vote to approve. The Chairman requested that Allen and Linville ask the Board of Selectmen allow a continuation of the Railroad Bed Study Committee meetings through the month of May to allow further debate and discussion on sections 5 and 6. Assuming that such a continuation would be granted, the Committee set future dates and Agenda as follows: Wednesday, April 17th@ 7:30 PM : Complete map inserts, identify Town reserved areas, continue discussion on recommendations; Wednesday, May 8th .@ 7:30 PM : Continue discussion on recommendations, particularly on Sections 5 and 6 Wednesday, May 22nd @ 7:30 PM: Final Discussions The Committee noted that Section 8 should have more complete comments for the final report. Perchard and Allen noted again that the Lewis Street area needs further discussion on potential expanded us by abutters in the area of the old station. Allen suggested the possibility of splitting the Station area into partial use by the abutters and partial use by the Town. Discussion from the floor noted that paving the recommended long term action of paving Sections 5 and 6 could result in substantial displacement of rainwater and groundwater. It was also noted th at ann ual saltwater coverage of this pavement would increase long term maintenance costs. Motion to adjourn by Allen, seconded by Kinnear. Unanimous vote to approve. ~a.. 47 Final Report of the Railroad Bed Study Comm ittee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of May 22, 1991 Pagel Attending: Roger Jackson, Chairman, Neil Pennywitt, Secretary; Thomas Gould; Dorothy Harney; James Perchard Absent: Charles Allen; Donald Brooker; Joe Burke; Ann Kinnear; Joan McAuliffe Meeting opened at 7:30 PM in Town Hall. Minutes from the meeting of March 20th were read; motion t o approve by Gould, second by Perchard. Unanimous vote to approve. The Chairman apologized to the public present for the lack ofa quorum at the last scheduled meeting on May 8th, and noted that the large number of citizens who attended had a right t o be angry about no meeting. The Chairman ruled, on a related issue, that since Joan McAuliffe had never attended a meeting, the Committee was in fact a 9 member organization, making the 5 members present a quorum. Chairman Jackson noted for the record that 2 citizens had petitioned, and were grant ed, a hearing befo re the Board ofSelectmen on Wednesday, May 29th concerning the recommendations made by this Committee. Jackson stated that since the Committee had made no formal recommendations, and had only prepared a Draft Report, that such a hearing was probably premature. One of the petitioners, John Meschino, stated that he requested the hearing because one member of th e Committee, Neil Pennywitt, had made statements and taken stands which were diametrically opposed to the wishes of the majority of residents along the L Street to XY Street section of the Railroad Bed. Mesch ino accused Pennywitt of not being responsive to his requests for information concerning private insurance requirements, and stated that Pennywitt had an extremely closed mind regarding options on this section of the Bed. Pennywittstated fortherecord that he would notenterinto a public discussion or argument with the resident on any of these issues, or defend opinions and statements which were already included in the written minutes of past meetings. Discussion from the floor centered on the section of the Railroad Right of Way from L Street t o XY Streets. All attending residents made clear statements that they wanted no improvements of any kind to the right of way other than the insertion of barriers to prevent traffic from using th e right of way. All residents were clearly opposed to any use of the Bed for anything other than emergency vehicles. Rerouting traffic down the Bed during Parades or other blockage of Nantasket Avenue was rejected because the residents felt that other r outing was avail.able. Jackson attempted, and failed, to gain a consensus from those attending to agree to limited use of the Right of\Vay for traffic during specific events. Both Committee members Perchard and Harney agreed with the residents on their proposed use of the Right of Way. Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of May 22, 1991 Page 2 Meschino presented the Committee with a petition signed by a large number ofresidents from the section of town nearest the Railroad Bed from L to XY Streets requesting no change of use of the bed beyond its present use. Discussion turned to the section of the bed abutting St. Ann's Church and Lewis Street. Jackson noted that this was once the site of a passenger station so the right of way was much wider in this area. The right of way extends, in fact, to the rear steps of the res~dents abutting it along Lewis Street. Two residents presented the Committee with a letter requesting that the Committee recognize the long existent use of the Right ofWay in this area, being divided into thirds, with two thirds used by the resident abutters, and one third by the Town for parking. The Committee noted that the intent of the proposed use recommendations along that section of the Right ofWaywas to generally protect existent uses, and that their request would be in keeping with thatsentiment. Chairman Jackson suggested that the Committee reconvene as soon as possible to complete the final report. After discussion, the committee agreed to meet on Tuesday, May 28th at 7:30 PM to finalize the report recommendations and begin compilation of the final report. Motion to adjourn by Perchard, seconded by G>uld. Unanimous vote to approve. Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITrEE Meeting Minutes of May 28, 1991 Page 1 Attending: Roger Jackson, Chairman, Neil Pennywitt, Secretary; Donald Brooker; Thomas Gould; Dorothy Hamey; Jim Linville (for Charles Allen); James Perchard Absent: Charles Allen; Joe Burke; Ann Kinnear; Joan McAuliffe Meeting opened at 7:30 PM in Town Hall. Minutes from the meeting of May 22nd were read; motion t o approve by Gould, second by Perchard. Unanimous vote to approve. The Chairman suggested that discussion take place first on a possible revision in the study divisions as recommended in earlier meetings. The Divfaions were revised as follows: 1. 2. 3. 4. 5. 6. 7. 8. Town line/landfill through Rockland Circle Extension Rockland Circle Extension to Phipps street Phipps to Lewis Street Lewis Street to A Street A Street to L Street L Street to XY Streets Stony Beach to Hull Lifesaving Museum Hull Lifesaving Museum to Pemberton Point in The change the sectional recommendations was made specifically to accommodate a reconsideration of the old Waveland Station area between Ad.ams and Lewis Streets. Several abutters requested that they be allowed to continue using approximately 2/3 of the bed in that area for private yards, with the remainder serving as public parking behind St. Ann's Church. Discussion among the Committee centered on the projected use of this wider area of the Railroad bed for increased Town parking. Brooker noted that two rows of angled parking with a center accessway would require a lot approximately 60 feet wide. Pennywitt commented that the Railroad bed area now being used private abutters for yards effectively doubled their undersized lots, and that most ofthe abutters rear facades were almost on the property line. Without some use of the bed these property owners would have no rear yard or buffer from proposed town uses. Jackson moved that the Committee recommend, as part of the final report, that the area of the Railroad Bed between Lewis and A Streets, be used in the future for Town parking, and that this existing use be approximately doubled in size to allow for another row of angled parking. Property owners abutt ing this section of the bed would see the land they currently use for private functions be reduced proportionally, with final amounts to be determined by the minimum requirements for the parking use. The short term use of the area is to remain as is. The motion was seconded by Brooker. The vote to approve was unanimous. Discussion turned to the proposed use ofland between A and XY Streets. Attending abutters reintroduced points already covered in the last two meetings. Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of Ma.y 28, 1991 Page 2 Chairman Jackson requested that comments from the floor be held to allow discussion among the Committee. Brooker summarized his thoughts concerning the public safety issues relating to the recommending use of the right of way from L to XY Streets for parking and one way vehicular travel. Brooker held that the right of way could and should serve the parking needs of the abutting residents but should also be available for other uses, including emergency egress Linville echoed Brooker's thoughts concerning future use of the bed in this area. Perchard and Harney stated that the only individuals espousing an upgy-aded use of the railroad bed in the L Street to XY Street area were certain members of the Committee, and that none of the residents in the area wanted any change from the existing use of the railroad bed. Both Per chard and Harney recommended that the short and longterm uses be the same, and that the existing removable barriers be left in place. Jackson suggested that for the short term, the area be left as is with barriers remaining in place. The long term use would include lockable gates inserted at midsection of each block. Perchard moved that the Committee recommend that the Railroad Right of Way between L Street and XY Street remain as is for the short term, with movable barriers remaining in place in the right of way mi dblock between each pair of cross-streets to prevent through vehicular traffic. Motion seconded by Pennywitt. Voted ·in Favor:Gould, Hamey, Jackson, Pennywitt, Perchard Voted Against: Brooker, Linville Motion carried by 5 to 2 vote. Harney moved that the Committee recommend that the Railroad Right of Way between Land U Streets include lockable gates inserted at midsection of each block, with no permanent roadway access. Motion seconded by Perchard. Brooker offered a substitute motion that alternating barriers be placed in the Right of Way from L Street to U Street, with permanent street paving, including marked and posted parking areas, and all other signage required by law. Seconded by Linville. -The substitute motion was considered first since it, if passed, would take the place of the original motion. Voted in Favor: Brooker, Gould, Linville, Pennywitt Voted Agajnst: Harney, Perchard Abstained: Jackson The substitute motion becomes the majority view of the Committee regarding this Final Report of the Railroad Bed Study Committee RAILROAD BED RIGHT-OF-WAY STUDY COMMITTEE Meeting Minutes of May 28, 1991 Page 3 section of the Right of Way. The Committee discussed emergency access to the Right of Way from L Street. Pennywitt moved as both a short and long term use that the Town owned fence at the corner ofL Street and the Right ofWay be removed and replaced with a lockable gate; access to be adequate to allow for emergency use. Motion seconded by Brooker. Vote to approve unanimous. The next meet'ing was schedul.e d for June 12th. Ann Kinnear had requested that th.e Chairman inform the members she was writing a minority opinion concerning one point of discussion. Perchard noted that he would be writing a minority opinion concerning Section 6 (L Street to XY Street) for discussion at the next meeting. Motion to adjourn by Perchard, seconded by Gould. Unanimous vote to approve. -~ 52 Final Report of the Railroad Bed Study Committee AppendixE Maps Old Colony Railroad Company , 1915 with updates to 1933, 7 pages. Paine, Surveyors, 1889 Plan of Land in Hull, 1909 Town of Hull Assessor's Maps with Chief Breaker's recommended parking areas for the railroad bed marked in blue (both present and future). AppendixF Documents.Legal Letter from Lawrence A. Kellem Town Counsel·Town of Hull August 5, 1966 Letter from James B. Lampke, Esq. Tovm Counsel·Town of Hull October 24, 1990 Final Report of the Railroad Bed Study Committee AppendixF Documents-Legal Letter from Lawrence A Kellem Town Counsel-Town of Hull Augu~t 5, 1966 Letter from James B. Lampke, Esq. Town Counsel-Town of Hull October 24, 1990 Letter from James B. Lampke, Esq. Town Counsel-Town of Hull November 5, 1990 Letter from James B. Lampke, Esq. Town Counsel-Town of Hull January 29, 1991 Letter from Committee to Abutters September 17, 1990 (sent to all abutters listed on Assessor's list) Letter from Committee to Abutters February 25, 1991 (sent to all abutters listed on Assessor's list) Final Report of the Railroad Bed Study Committee Appendix G Documents-General Excerpts: Annual Town Report-Hull, 1929 Excerpts: Annual Town Report-Hull, 1930 Excerpts: Annual Town Report-Hull, 1931 Massachusetts Gmeral Law, Chapter 40, Section 4B Massachusetts Wetlands and Waterways, DEQE-¥assachusetts, 1984 Public Coastal Access: Open Space Planning for a Scenic Footpath on Town-owned Railroad Property. Romin Koebel, PhD, Town Planner, Hull July 10, 1990 Railroad Bed Open Space Planning Opportunities in the Warren to Kenberrna Street Section. Romin Koebel, PhD, Town Planner, Hull July 19, 1990 Public Use of Railroad Bed Between A Street and Lewis Street. Ramin Koebel, PhD, Town Planner, Hull August 13, 1990 Railroad Bed Abutters List Hull Board of Assessors Office September 6, 1990 Final Report of the Railroad Bed Study Committee AppendixH Documents-Petition Petition against through traffic on the railroad bed-Undated-Signed by 186 citizens. Fina! Report ofthe Railroad Bed Study Committee Appendix I Documents-Photographs Final Report ofthe Railroad Bed Study Committee Appendix Documents-Agreements with Hull am. 58