Sparks flew at the Oak Bluffs select board meeting Tuesday over two public works projects, one local and one state.
A divided board gave a green light to a downtown streetscape plan that includes changing the parking configuration on lower Circuit avenue from angled to parallel. Later in the meeting, selectmen threw a monkey wrench in a state project to extend the Beach Road bike path.
The most recent iteration of the streetscape project dates to last June when voters agreed to spend $2.7 million on improvements to the downtown areas, following a visioning process by the town planning board and a specially appointed streetscape committee. Designed by Craig Miller and Timothy Wong from the Waterfield Design Group, the project has drawn mixed responses from residents and business owners at public hearings.
The plan looks to revamp downtown streets, including widening Circuit avenue with new light fixtures and plantings, as well as a new sidewalk on the west side of Kennebec avenue and minor improvements to Healey Square.
The most contentious point is the switch from angled to parallel parking on the northern end of Circuit avenue, from Giordano’s restaurant to Healey Square. The change would result in the loss of 12 parking spaces.
At their meeting Tuesday, select board members opened discussion on the plans, but quickly hit rocky terrain over whether to get the project ready to go out to bid, or return to voters at a special town meeting this fall.
“I’m at a place where I don’t know that five people in town should decide this. We don’t decide whether we build a town hall, we don’t decide major projects in town — we run the day-to-day operations of the town,” selectman Ryan Ruley said. “I’m not sure I think it’s our job to push this along.”
Selectman Gail Barmakian, echoed the sentiment.
“I feel very strongly that should go to a ballot vote . . . there’s no question that this is divisive,” she said.
But board chairman Brian Packish urged the board to move ahead so an RFP for the project could go out, with a goal of beginning construction after Columbus Day.
“We had seven years of public input . . . endless public hearings . . . the debate could go on for decades,” Mr. Packish said. “And at the end of the day, as select people that is our responsibility to make a final decision. We need these sidewalks, we need to get this done and to lose another year after seven years of debate — I think it’s irresponsible.”
Mr. Packish is a business owner on Kennebec avenue, and at the outset of the discussion he said he had been cleared by the state ethics commission to participate.
“I have filed all necessary disclosures in relation to this agenda item, and with the guidance of the state ethics commission . . . I have complete ability to participate impartially on the subject,” he said.
Mr. Packish and Ms. Barmakian continued to clash.
Meanwhile, the Zoom chat box exploded with commentary from residents and business owners on both sides of the issue.
In the end the plan was approved 3-2, with Mr. Packish, Emma Green-Beach and Jason Balboni voting in the majority.
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The meeting saw more fireworks when selectmen took up a legal document from the state Department of Transportation relating to a shared used path project on the Oak Bluffs end of Beach Road.
At the annual town meeting last week voters gave their support to the path project, which among other things will involve legal work to obtain easements.
But on Tuesday selectmen balked when they were asked by Tom Currier at MassDOT to sign a land damage and right of entry agreement.
Needed for projects that require land taking, land damage and right of entry agreements are formed between MassDOT and abutters, granting the state agency access to the properties for construction. The agreements are standard practice for MassDOT and uniform for all projects statewide.
Nonetheless selectmen bristled, citing concerns about the possibility of unresolved damages to town land from the SUP project.
“Basically we’re giving up rights for any claims for damages to other town property as a result of the construction,” Ms. Barmakian said. “This is a very big project in a very sensitive area . . . and to waive claims for damages and . . . was a problem for me.”
Mr. Currier said the language in the agreement cannot be changed, and he noted that MassDOT had verbally agreed to rectify any damages from the project. But Ms. Barmakian, this time joined by Mr. Packish, remained unconvinced without written confirmation from the state. Both cited damages to eelgrass beds left by a previous MassDOT project to rebuild the Lagoon Pond drawbridge.
“It’s a beautiful bridge, we are grateful to MassDOT, but during that process, they destroyed among other things, two to three very healthy eelgrass beds . . . state remediat[ion] still has not been successful,” Ms. Barmakian said.
Selectmen suggested postponing a vote by a few weeks. But Mr. Currier pushed back, saying that the state is already working with a difficult timeline. He threatened a possible delay — or abandonment — of the project without approval of the agreements at the meeting Tuesday.
“I’m sorry that you don’t like the land damage agreement language, there’s not much any of us can do about that,” Mr. Currier said. “It’s either you live with the uncertainty that MassDOT will not screw the town of Oak Bluffs, I think we’ve demonstrated good faith efforts in the past.” He added: “I encourage the town to [sign the agreements} . . . otherwise, I don’t think we can advance the project,” he said.
In the end, selectmen voted 3-2 against the agreements, with Mr. Packish, Ms. Barmakian and Ms. Green-Beach voting no, and Mr. Ruley and Mr. Balboni voting yes.
Also Tuesday, selectmen voted to send letter to the Steamship Authority advocating for the 5:30 a.m. ferry, with Ms. Barmakian agreeing to help draft the letter.
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