Loading...
HomeMy WebLinkAboutBoard of Selectmen Minutes August 15, 2007_201402061459594059BOARD OF SELECTMEN Minutes of the Meeting of 15 August 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 6:00 PM. Announcements. Town Administrator C. Elizabeth Gibson announced there are several committee openings. The applications are available on the Town of Nantucket website and also in the Board of Selectmen’s office. The due date is August 21, 2007 at 4 pm followed by a public hearing on August 22, 2007 to review the applications. Public Comment. Robert DeCosta spoke about the travel lift at Great Harbor Yacht Club (GHYC) not being in service and in need of substantial repairs and his understanding that GHYC was not willing to repair the lift until a land dispute with the Town is settled. He asked when the land dispute would be settled so the lift could be repaired. Mr. Kopko explained these are two different issues, the lift being a separate issue from the litigation issue and that the Board was not at liberty to discuss the litigation in open session. Ms. Roggeveen thanked Mr. DeCosta for making the Board aware of the issue. Approval of Payroll Warrant for Week Ending 12 August 2007. The Board approved the payroll warrants by unanimous consent. Approval of Treasury Warrant and Pending Contracts for Week Ending 15 August 2007. The Board approved the treasury warrant and pending contracts by unanimous consent. CITIZEN/DEPARTMENTAL REQUESTS 1. Nantucket Homes for People: Request for Abatement/Waiver of Town Fees/Charges in connection with Abrem Quary Housing Development (continued from 1 August 2007; 8 August 2007). Mr. Chadwick recused himself from the discussion and left the meeting. Cliff Shorer, representing Nantucket Homes for People spoke on behalf of the request. Sarah Mull, homeowner within the project spoke in favor of the request. Ms. Roggeveen spoke in opposition of the request explaining that it is not fair to everyone else in the Town who has had to pay the same fees. Paul DeRensis, Town Counsel suggested the applicant request the funds from the Community Preservation Commission (CPC) to pay the fees. He stated the need to be consistent with these issues and the issue of setting precedent. Cliff Shorer stated they have already gone to the CPC and been denied. Mr. DeRensis stated the Town does not have a program in place to deal with issues like this and until it does, he cautioned against setting a precedent. Mr. Kopko moved that the Board of Selectmen develop a policy to deal with this sort of thing and that the Board not waive the fees. Ms. Roggeveen seconded, so voted unanimously. Mr. Chadwick rejoined the meeting. 2. NP & EDC: Request for Support of Application to Community Preservation Committee for Housing Planner/Specialist Position. Andrew Vorce, Planning Director spoke in favor of the request for the new position. He then explained what the responsibilities would include. He stated as well as assisting other housing offices within the Town, the position would be a resource to work with other housing organizations and that there is currently not enough time and resources to deal with these issues within the Town. Mr. Chadwick and Ms. Roggeveen spoke in favor of the new position. Mr. Kopko moved to support the application, Mr. Reinhard seconded, so voted unanimously. 3. Nantucket Housing Office: Request for Letters of Support for Three (3) Applications to Community Preservation Committee for Housing Related Projects. Aaron Marcavitch, Director of the Nantucket Housing Office (NHO) spoke in favor. Ms. Roggeveen expressed concern as to the Board’s support of non- Town applications. Mr. Kopko stated the Board has a history of supporting NHO CPC applications and in doing so would be supporting the Board’s own goals. Ms. Roggeveen noted she is not suggesting the Minutes of the Meeting of 15 August 2007 – 6:00 PM Page II. Board approve or disapprove, but to simply do nothing. Some discussion followed. Mr. Kopko moved to send letters of support for all three applications, Mr. Willauer seconded. Mr. Reinhard noted that although the applications need support, there are so many other applications the Board hasn’t seen. Mr. Kopko voted in favor of sending the letters, Mr. Chadwick, Mr. Reinhard, Ms. Roggeveen and Chairman Willauer voted in opposition. Public Hearings Chairman Willauer opened the public hearing. 1. Public Hearing to Consider Adopting Street Opening Regulations (Continued from 18 July 2007) Ms. Gibson explained the matter was continued from the July 18, 2007 meeting and that there has been some discussion as to whether the regulations should have a three or five year moratorium for cutting a road or no moratorium at all. Steven Cohen, attorney for the Builders Association spoke in favor of no moratorium. Mr. Cohen stated the Builders Association strongly supports the general principal, but is not willing to support a road cut moratorium at all and cited legal issues. Mr. DeRensis stated the right to make a cut is limited to the utility not the customer. The utility also has to make the repairs subject to standards set by the state Department of Public Utilities. Mr. Chadwick noted the exact issue of the permit required by the regulations is to ensure the cut is properly repaired. Mr. Willett noted that frequently it is not necessary to cut a road at all, but the contractor can bore under a road. Mr. Chadwick stated it is more important to have the moratorium so as not to compromise new pavement. Mr. Willett noted the focus should be on the repairs. Mr. Reinhard moved to approve the regulations as written with a three year moratorium for any road cut on a new pavement to include an effective date of September 1, 2007, Mr. Kopko seconded. Ms. Roggeveen stated she is uncomfortable approving three years not having looked at the regulation as is. Robert Liddle suggested the Board support the specifications but delete the time frame reference. The vote was taken on the original motion, Mr. Reinhard, Chairman Willauer, Mr. Chadwick and Mr. Kopko voted in favor, Ms. Roggeveen voted in opposition, so voted four to one. 2. Public Hearing to Consider Application of Great Harbor Yacht Club for Common Victualler License for Premises at 96 Washington Street. Tim Shea, a representative of the Great Harbor Yacht Club spoke in favor of the application. No one spoke in opposition. Mr. Kopko moved to approve the application, Mr. Reinhard seconded, so voted unanimously. 3. Public Hearing to Consider Application of Cisco Brewers, Inc. d/b/a Cisco Brewers for an Annual Malt Only General on Premises License for Premises at 5 Bartlett Farm Road. Charles “Randy” Hudson representing Cisco Brewers spoke in favor of the application. Chairman Willauer suggested hearing both #3 and #4 of the agenda together since they are for the same premises. Chairman Willauer asked about the hours for the Brewery. Mr. Hudson noted the hours are 10am – 6 pm and confirmed those are the hours of the application. Mr. Kopko moved to approve the license applications, Mr. Chadwick seconded the motion. Phil Bartlett spoke in opposition to the application because of the parking issue along Bartlett Farm Road. Mr. Bartlett claimed that people park on both sides of the road when shopping at the Brewery and it causes a safety hazard. Mr. Chadwick recommended the staff review the parking issue. Melissa Long also representing Cisco Brewers noted a short eight week window of business during the summer months, that the Brewery does provide on-site parking but the general public chooses to park along the roadside and she would be willing to hire extra help to police the parking problem. Ms. Roggeveen stated she is uncomfortable having a business owner police the street. Mr. Kopko amended the motion to approve the applications contingent upon receipt of new drawings clearly defining the outside area where alcohol would be served and that the traffic safety work group look into the parking issue, and that the hours of operation would be 10am to 6pm Monday through Saturday and Noon to 6pm on Sunday. Mr. Chadwick seconded, so voted unanimously. Minutes of the Meeting of 15 August 2007 – 6:00 PM Page III. 4. Public Hearing to Consider Application of Nantucket Vineyard, LLC d/b/a Nantucket Vineyard for an Annual Wine Only General on Premises License for Premises at 5 Bartlett Farm Road. Matter addressed in previous agenda item. 5. Public Hearing to Consider Appeal of Stephen A. Wise of Historic District Commission Approval of Certificates of Appropriateness Nos. 50417 and 50418 Regarding 2 East Hallowell Lane. Ms. Roggeveen read a conflict of interest disclosure (attached). Steven Wise spoke in favor of the appeal and provided a diagram of the premises to all Board members and a copy of the plans. Mr. Chadwick stated the Board of Selectmen can only look at the issue of process not the actual vote to approve the structure. Mr. Chadwick moved that the certificates of appropriateness Nos. 50417 and 50418 issued by the HDC are hereby upheld and that the Board of Selectmen review of the record does indicate that the certificates are not based on legally untenable ground and are not unreasonable, capricious, arbitrary or erroneous and further that the subject appeal is denied. Mr. Kopko seconded, so voted unanimously. Town Administrator’s Report. No report. Selectmen’s Report/Comment. 1. Ratification of Goals for 2007 - 2008. Chairman Willauer read the goals for approval of each by the Board with associated objectives. Discussion followed and subsequently, the Board adopted the attached goals and objectives. Mr. Kopko moved to approve with changes, Ms. Roggeveen seconded, so voted unanimously. Ms. Roggeveen moved to adjourn to executive session, not to return to open session, to discuss litigation and real estate. Mr. Kopko seconded. So voted with Ms. Roggeveen, Mr. Willauer, Mr. Chadwick and Mr. Reinhard voting in favor. Mr. Kopko was opposed. The meeting was adjourned at 9:38 PM. Approved the 10th day of October 2007.