HomeMy WebLinkAboutBoard of Selectmen Minutes March 21, 2007_201402061500044216BOARD OF SELECTMEN
Minutes of the Meeting of 21 March 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 Douglas
Bennett, Brian Chadwick, Michael Kopko, Catherine Flanagan Stover and Whiting Willauer.
Chairman Willauer called the meeting to order at 6:00 PM.
Announcements. Town Administrator Libby Gibson announced the current four-way stop at the
Surfside and Fairgrounds Roads intersection. She recognized Dale Gary and Diane Holdgate for
their hard work in preparing the DPW application leading to the Town’s Tree City USA designation
for the seventh year, a significant achievement.
Public Comment. Ms. Gibson advised the Board of the Harbor Plan Review Committee’s need for
additional time to review the extensive comments received from the public.
Public Hearing Regarding the Final Draft of the Nantucket and Madaket Harbors Plan (continued
from 2/21/07) The Board consented to move the harbor plan public hearing agenda item to the first
item of business. Chairman Willauer opened the public hearing. Marine Superintendent Dave
Fronzuto provided a status report, noting 70 pages were received from the public and is under
review by the committee. He added that additional time is needed for review and asked for
continuation of the public hearing at which time the draft plan will come to the Board for approval
before being forwarded to the state. He added that Annual Town Meeting warrant articles will be
moving forward with publicity to follow. Ms. Stover moved to continue the public hearing to April
18, 2007. Mr. Bennett seconded. So voted unanimously. Mr. Fronzuto spoke briefly on the two
harbor-related warrant articles. Planning Director Andrew Vorce provided information on the
Planning Board motions to the articles. Town Counsel Paul DeRensis provided comment on public
landings and public ownership.
Approval of Payroll Warrant for Week Ending 18 March 2007. Mr. Bennett moved to approve the
payroll warrant. Ms. Stover seconded. So voted unanimously.
Approval of Treasury Warrant and Pending Contract for Week Ending 21 March 2007. Ms. Gibson
described the pending contract that allows the current Comcast Cable license to continue until a
new one is finalized. Mr. Bennett moved to approve the treasury warrant and pending contract.
Mr. Kopko seconded. So voted unanimously.
Citizen/Departmental Requests
1. Liquor Licensee: Request for Approval of Change of Manager from Denis Barquinero to Eric
Landt for Nantucket Island Management, LLC dba Brant Point Grill/White Elephant for the
Premises Located at 50 Easton Street, Nantucket, Massachusetts. Amanda Fant, representing
Eric Landt of the White Elephant, spoke in favor of the request. Mr. Bennett moved to approve the
request for change of manager to Eric Landt. Ms. Stover seconded. So voted unanimously.
2. Town Administration: Request for Approval of 2007 Seasonal Liquor License Renewals. Town
Administrator Libby Gibson introduced the matter and noted a recent inquiry regarding setting
hours for liquor licensees. Mr. Chadwick moved to schedule a public hearing to discuss that matter
on April 18, 2007. Mr. Kopko seconded. So voted with Mr. Chadwick, Mr. Kopko, Ms. Stover and
Minutes of the Meeting of 21 March 2007
Page II
Chairman Willauer voting in favor. Mr. Bennett voted in opposition. Mr. Chadwick moved to
approve the seasonal liquor licenses to include any restrictions currently in place. Mr. Bennett
seconded. So voted unanimously.
3. Town Administration: Request for Acceptance of Grants of Easement for Sewer Purposes by
Owners of Parcels on Old South Road and Pine Crest Drive. Ms. Gibson provided background
information on the easements, required for the Old South Road sewer construction, which is to be
repaid through betterment assessments. Mr. Bennett moved to acquire by acceptance of
easements certain interests in real estate for sewer purposes for the following: a permanent and
temporary sewer easement granted by Thomas H. Jr. & Sherry A. Coffin at 8 Pine Crest Drive; a
permanent and two temporary sewer easements granted by Stephen & Jennifer A. Paradis at 22
Pine Crest Drive; a permanent and temporary sewer easement granted by Edward F. Jr. & Tammy
L. King at 39 Pine Crest Drive; a permanent and two temporary sewer easements granted by Joan
Bunting at 4 Pine Crest Drive; a permanent and two temporary sewer easements granted by
Jeffrey Kaschuluk at 86A Old South Road; a permanent and two temporary sewer easements
granted by Jeffrey Kaschuluk at 88 Old South Road; a permanent and temporary sewer easement
granted by C. Jacqueline Seidel at 23 Pine Crest Drive; a permanent and two temporary sewer
easements granted by Julie Bunting at 96A Old South Road; a permanent and two temporary
sewer easements granted by Jeffrey L. & Deborah M. Willett at 18 Pine Crest Drive; a permanent
and two temporary sewer easements granted by Pauline Q. Latham at 26 Pine Crest Drive; a
permanent and two temporary sewer easements granted by Brian Dodge and Pamela Moffitt
Dodge at 31 Pine Crest Drive; a permanent and two temporary sewer easements granted by
James F. Jr. & Deborah B. Bennett at 14 Pine Crest Drive; a permanent and a temporary sewer
easement granted by Ann M. Egan at 11 Pine Crest Drive; a permanent and a temporary sewer
easement granted by James F. Egan at 15 Pine Crest Drive; and a permanent and two temporary
sewer easements granted by Kyle David & Lori S. Snell at 3 Pine Crest Drive.) Mr. Chadwick
seconded. So voted unanimously.
4. Nantucket Land Council: Request for Execution of Conservation Restriction for Premises
Located Along Quidnet Road. Nantucket Land Council Executive Director Cormac Collier spoke in
support of the restriction of approximately 32 acres. Discussion followed on the Town’s requested
bicycle path easement and for underground utilities and NLC consent to provide a ten-foot wide
right of way along the northerly side of Quidnet Road as per a document to be recorded once
approved by the County Commission. Ms. Stover moved to approve and execute the conservation
restriction for the described premises as it is in the public interest, contingent on recording of the
aforementioned bicycle path/underground utility easement, which is also in the public interest. Mr.
Bennett seconded. So voted unanimously. Planning Director Andrew Vorce noted public interest
and his understanding confirmed by NLC Associate Director Lynn Zimmerman regarding the NLC’s
openness to bicycle path design options to be developed in the future, which may exceed the
granted right-of-way. Mr. Vorce explained that this modification may be necessary to avoid
important landscape elements such as trees or rare/endangered plants, minimize grade changes
and be more compatible with the rural character of the area.
Minutes of the Meeting of 21 March 2007
Page III
Public Hearings
1. Public Hearing to Consider Transfer of Common Victualler, Entertainment and Seasonal
All Alcoholic Beverage Innholder Licenses from Michael’s at The Summer House, LLC dba The
Summer House Restaurant to Andre Associates, LLC dba The Summer House Restaurant,
Charles Salliou, Manager for the Premises Located at 1 Magnolia Avenue, Sconset,
Massachusetts. Chairman Willauer opened the public hearing. Attorney John Brazilian,
representing the applicant, spoke in favor of the transfer requests. No one spoke in opposition.
Chairman Willauer closed the public hearing. Mr. Bennett moved to approve the transfers to
include any current restrictions in place. Ms. Stover seconded. So voted unanimously.
2. Public Hearing to Consider Transfer of Common Victualler, Entertainment and Seasonal All
Alcoholic Beverage Restaurant Licenses from Gardenia Associates, LLC dba The Summer House
Beachside Bistro to Beachside Associates, LLC dba Summer House Beachside Bistro, Charles
Salliou, Manager for the Premises Located at 17 Ocean Avenue, Sconset, Massachusetts.
Chairman Willauer opened the public hearing. Attorney John Brazilian, representing the applicant
again, spoke in favor of the transfer requests. No one spoke in opposition. Chairman Willauer
closed the public hearing. Mr. Bennett moved to approve the transfers to include any current
restrictions in place. Mr. Chadwick seconded. So voted unanimously.
3. Public Hearing to Consider Increase of Private Pay Rates at Our Island Home. Chairman
Willauer opened the public hearing. Ms. Gibson spoke in favor of the rate increases for Our Island
Home Administrator Pamela Meriam who was absent due to illness. No one spoke in opposition.
Chairman Willauer closed the public hearing. Mr. Chadwick moved to approve an increase of the
private room rate from $280/day to $300/day and the semi-private room rate from $260/day to
$280/day. Mr. Kopko seconded. So voted unanimously.
4. Public Hearing to Consider the Application of Robert Garrison for a Private Shellfish Grant for
an Area Located near Pimny’s Point. Chairman Willauer opened the public hearing. Mr. Chadwick
recused himself from the meeting. Marine Superintendent Dave Fronzuto provided information
about the aquaculture license application process, criteria and subsequent steps. He
recommended the Board grant approval at this point for a remand to the Conservation Commission
and the Corps of Engineers before it comes back to the Board of Selectmen for final licensing
approval. Discussion followed on the species and particulars of the shellfishing grant. Attorney
Rhoda Weinman, representing Abram’s Point Realty Trust, spoke in opposition and asked for a
continuation of the matter until May. Applicant Rob Garrison spoke in favor of the application,
noting his educational and professional background in aquaculture and the benefits of shellfish
aquaculture in line with the existing and pending harbor plans and plans to ensure a successful
project. He clarified the parameters of the shellfish grant and requested approval to be able to
proceed to the next step. Discussion followed on opportunities for further public input. Attorney
Kevin Dale spoke in opposition, noting the statute and the Board’s discretion at granting the
license, with restrictions to follow and noted private rights to be “impaired and impeded.” Chairman
Willauer closed the public hearing. Mr. Kopko moved to approve the application to move forward
to the Conservation Commission for the next step. Discussion followed on the terms of the license
to be determined. Mr. Kopko withdrew his motion. Mr. Bennett moved to continue the public
Minutes of the Meeting of 21 March 2007
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hearing to May 16. Mr. Kopko seconded. Discussion followed on site use and Mr. Fronzuto
agreed to determine the suitability of the proposed site. Discussion continued on the requirement
of the Board to act on the application within 60 days. There was no vote. Mr. Garrison consented
to withdraw his application at this time and to resubmit it for a potential public hearing in May 2007.
5. Public Hearing to Consider Application for Public Assembly Permit and One-Day Entertainment
License for Nantucket Walk for Autism Research Scheduled for August 25, 2007. Chairman
Willauer opened the public hearing. Activity organizer Gene Mahon provided information about
and spoke in favor of the proposed event. No one spoke in opposition. Chairman Willauer closed
the public hearing. Ms. Stover moved to approve the public assembly permit application. Mr.
Kopko seconded. So voted unanimously. Mr. Chadwick rejoined the meeting.
6. Public Hearing to Consider Nantucket Electric Company Petition for Conduit Locations from
West Chester Street to Old Westmoor Farm Road. Chairman Willauer opened the public hearing.
National Grid representative Steve Holdgate spoke in favor of the request and noted the pole
number referenced in the petition is 32, rather than 31. He noted an alternate path exists, but
added that brush cutting would be required for that route. Chairman Willauer noted a letter
received in opposition from Donna Hoffman. Attorney Rick Beaudette, representing Westmoor
Farms LLC, the entity requesting the work, noted no objection by his clients for the alternate route
and his clients’ willingness to replace vegetation as needed. Chairman Willauer closed the public
hearing. Mr. Kopko moved to approve the petition as described to employ the alternate submitted
by Ms. Hoffman. Mr. Bennett seconded. Mr. Holdgate indicated National Grid’s acceptance of the
change. So voted unanimously.
7. Public Hearing to Consider Nantucket Electric Company and Verizon New England, Inc,
Petition for Joint Pole Relocation at Milestone Road (from Sconset Hydrangea Development
Driveway). Chairman Willauer opened the public hearing. National Grid representative Steve
Holdgate spoke in favor. Chairman Willauer closed the public hearing. Mr. Bennett moved to
approve the petition as described. Ms Stover seconded. So voted unanimously.
8. Public Hearing to Consider Nantucket Electric Company and Verizon New England, Inc,
Petition for Joint Pole Re-Location at Baxter Road (from 3 Baxter Road). Chairman Willauer
opened the public hearing. National Grid representative Steve Holdgate, provided background
information on this citizen request and the proposed relocation. Attorney Melissa Philbrick,
representing the property owner at 3 Baxter Road spoke in favor of the relocation, noting the
neighbor’s approval of the move. Chairman Willauer closed the public hearing. Mr. Bennett
moved to approve the petition as described. Ms. Stover seconded. So voted unanimously.
9. Public Hearing to Consider Appeal of Scott Valero and Meghan Valero of Historic District
Commission Approval of Certificate of Appropriateness No. 49527 with Regard to Property Located
at 6-8 First Way, Nantucket, Massachusetts. Chairman Willauer noted withdrawal of the item.
10. Public Hearing Regarding the Final Draft of the Nantucket and Madaket Harbors Plan
(continued from 2/21/07) This matter was addressed earlier in the meeting.
Minutes of the Meeting of 21 March 2007
Page v
Town Administrator’s Report
1. Request for Acceptance of Gift from Siasconset Beach Preservation Fund. Ms. Gibson advised
that the Sconset Beach Preservation Fund has provided $32,000 in funds to cover the cost for
consultant review of the SBPF beach erosion control project. Mr. Kopko moved to accept the gift
on the Town’s behalf for the purpose described. Ms Stover seconded. So voted unanimously.
Selectmen’s Reports. None.
The meeting adjourned at 7:40 PM.
Approved the 4th day of April 2007.