[Massplanners] abandonment of roadway with complications

[Elizabeth Ware]

All good points Dan.

From: Dan Fortier [mailto:dfortier at town.dennis.ma.us]
Sent: Tuesday, September 14, 2021 7:58 PM
To: Elizabeth Ware <eware at dracutma.gov>; massplanners at masscptc.org
Subject: RE: [Massplanners] abandonment of roadway with complications

Going to throw a completely different issue into the mix. How many people use this road? Public convenience would seem to be an issue, you are adding, it would appear, a mile to each one-way trip in the corridor (figuring there is already a half mile trip length). That will cost residents in time, fuel, wear and tear on their vehicles, etc.  Other, externalized costs would be associated with increase vehicle emissions from the diverted traffic, thus increase air pollution, a cost that everyone has to bear in increased health costs, etc.  Definitely a lot to be considered before making such a decision. If that were my daily commute route, and I was put at a disadvantage, I would not be likely to support dissolving the town road.

Daniel J. Fortier, Sr. AICP
Dennis Town Planner
Town of Dennis
685 Route 134
South Dennis MA 02660
508-760-6122

From: Elizabeth Ware via MassPlanners<mailto:massplanners at masscptc.org>
Sent: Tuesday, September 14, 2021 4:57 PM
To: massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: [Massplanners] abandonment of roadway with complications

Okay,
I have a Friday question that I am asking on a Tuesday.

The town has several graveling/quarrying operations in town.  One operator would like to expand his quarry south of an existing town street and eventually assume the ownership of the street, for public safety reasons.  The street layout is 50' in width by about ½ mile long, resulting in about 3 acres of land within the roadway right of way.  The quarry owner is willing to construct about 1-1/2 miles of roadway to relocate the existing road layout that he would like to take over.

I suspect that the expansion of the quarry will not be an issue.  It will be carefully reviewed and is subject to a special permit.

The road right of way requires a town meeting vote to abandon, which would give the quarry owner, who owns both sides of the street, the rights to the center line of the roadway.................but there's more.

The land below the roadway (3 acres of it!), is shown on the quarry owner's plans to be quarried, therefore appears to have some value in mineral rights.  So, if the town is abandoning the roadway, it looks like the town is giving the quarry owner three acres times the depth of quarry in granite mineral rights.  Nope, we can't give that away ..........it wouldn't look good, would appear to show preference to the quarry owner and doesn't follow the procurement laws of the town "selling" something.  Our procurement officer has never encountered a situation this quirky.

As permit ombudsman, I'm trying to figure out the most logical and efficient steps to permit the quarry expansion, but it gets a little complex with the mineral rights issues.

I'd love to hear thoughts and suggestions regarding this issue.

Thank you,

Betsy Ware

Director of Community Development
Town of Dracut, MA.
Tel: 978-453-4557

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