HomeMy WebLinkAboutBoard of Selectmen Minutes April 25, 2007_201402061459587653BOARD OF SELECTMEN
Minutes of the Meeting of 25 April 2007 at 6:00 PM. The meeting took place in the Court Room,
Town and County Building, Nantucket, MA 02554. Members of the Board present were Brian
Chadwick, Michael Kopko, Allen Reinhard, Patricia Roggeveen and Whiting Willauer. Chairman
Willauer called the meeting to order at 6:15 PM following a meeting of the County Commission.
Announcements.
Town Administrator C. Elizabeth Gibson reviewed committee openings and the changes in the
application deadline to noon on May 14, 2007 and the public hearing to meet the applicants to 4
PM on the same date as per the Board’s vote to amend an earlier decision to hold the public
hearing at a regularly scheduled meeting on May 16, 2007.
Nantucket Housing Office Executive Director Aaron Marcavitch announced “Affordable Housing
Solutions Week” (April 29 – May 5, 2007). Board discussion followed on possibilities to advance
the cause and Chairman Willauer read the proclamation. Mr. Kopko moved to approve the
proclamation. Mr. Reinhard seconded. So voted unanimously. Some discussion followed
regarding a housing needs survey.
Ms. Gibson noted the Department of Public Works’ request for a proclamation for “Arbor Day” (April
27, 2007). DPW Director Jeff Willett noted distribution of free seedlings on April 27, 2007 at the
landfill. Chairman Willauer read the proclamation. Mr. Kopko moved to approve the proclamation.
Mr. Reinhard seconded. So voted unanimously. Mr. Kopko spoke in support of establishing a new
tree fund.
Public Comment. Jeff Schneider shared concerns about the Board’s vote last week regarding
discretionary hours of sale of alcohol at restaurants.
Approval of Payroll Warrant for Week Ending 22 April 2007. The Board approved the payroll
warrant by unanimous consent.
Approval of Pending Contracts for Week Ending 25 April 2007. The Board approved the pending
contracts by unanimous consent.
Public Hearings.
1. Public Hearing to Consider Restrictions on the 2007 Entertainment License for The Muse,
Michael O’Reilly, Manager. Chairman Willauer opened the public hearing. Attorney James
Merberg, representing The Muse, spoke on behalf of his client. He reviewed submitted materials in
response to the Board’s direction regarding sound mitigation and lighting, elaborating on remedies
employed. He noted additional concerns (cab parking, security at closing, outdoor deck) voiced
during the required meeting with neighbors and discussed ways these issues have been
addressed. Mr. Merberg emphasized the commitment of the establishment to operating in a
considerate manner and asked for a re-instatement of the entertainment license. Entertainment
Manager Brian Glowacki and Sound Consultant Jamie Howarth provided additional information and
spoke in support of The Muse.
Attorney Rhoda Weinman, representing abutters, spoke in support of restrictions on the
entertainment license and the complaint history. She reviewed items to be addressed as per the
Minutes of the Meeting of 25 April 2007
Page II
Board’s vote on February 21, 2007 and requested an end to entertainment at 11 PM unless all
consultant recommendations have been implemented. She provided a written summary of her
requests for restrictions. Attorney Steve Cohen, representing other neighbors, shared his
suggestions toward maintaining compliance.
Curtis Barnes requested a continuation of the 11 PM limitation on the license. Abutter John
DaSilva commended The Muse for its efforts and noted his concern about the efforts toward
mitigation.
Mr. Merberg provided a rebuttal, including that a further review is acceptable and a reminder to the
Board of the importance of remaining open for entertainment after 11 PM. Skip Cabot spoke in
support of The Muse and its efforts toward compliance. Muse sound engineer Tom Stoddard
spoke further on the limitation of sound. Abutter Steven Welch shared noise complaints and
requested thresholds. Mr. Cohen commented further. Muse accountant Betsy Larrabee advised
that money is being and will be lost without entertainment.
Chairman Willauer closed the public hearing. Mr. Kopko disclosed his work as a professional
musician and spoke to the process to mitigate the problems, praising the presentation of the
consultants and The Muse staff. Chairman WiIllauer inquired about the effects of open doors and
windows; Mr. Howarth addressed. Mr. Chadwick indicated that he has filed a disclosure of the
appearance of a conflict of interest and noted his support of the re-instatement of the entertainment
license. Ms. Roggeveen spoke in support of another review soon. Mr. Reinhard concurred.
Discussion followed on the closing time and the timing of the outdoor staff person on duty until the
premises is cleared. Mr. Chadwick suggested that the noise engineer monitor the noise at night;
Mr. Howarth indicated that this has occurred. Ms. Roggeveen noted that questions would be
specific at the next review and Board discussion followed on these items, including satisfying the
concerns of the complainants, porch, noise from windows, lighting and control of clientele. Mr.
Kopko moved to reinstate the entertainment license to its previous hours and to revisit the matter at
a public hearing on June 20, 2007. Mr. Reinhard seconded. So voted unanimously.
Town Administrator’s Report
Ms. Gibson announced the designation of Projects Administrator Diane O’Neil as certified
Massachusetts Public Procurement Official and recognized her efforts at acquiring same. Some
discussion followed regarding the diligence of other Town Administration staff members.
Selectmen’s Report/Comment. None.
At 8:19 PM, Chairman Willauer polled the Board and Mr. Chadwick, Mr. Kopko, Mr. Reinhard, Ms.
Roggeveen and Chairman Willauer voted unanimously to adjourn to executive session, not to
return to open session, for the purpose of discussing a real estate matter.
Approved the 9th day of May 2007.