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HomeMy WebLinkAboutBoard of Selectmen Minutes August 20, 2008_201402061518064285BOARD OF SELECTMEN Minutes of the Meeting of 20 August 2008 at 6:00 PM. The meeting took place in the Court Room, Town and County Building, 16 Broad Street, Nantucket, MA 02554. Members of the Board present were Brian Chadwick, Rick Atherton, Michael Kopko, Allen Reinhard, and Patricia Roggeveen. Chairman Kopko called the meeting to order at 6:00 PM. ANNOUNCEMENTS Town Manager C. Elizabeth Gibson announced that town offices will close on August 28, 2008 at 2:00 PM for annual Employee Appreciation Day. PUBLIC COMMENT Town Association member Dale Stoodley thanked the Board of Selectmen and Town Manager for attending a summer forum yesterday sponsored by the Non-voting Taxpayers Advisory Committee, Town Association and the Community Association. Mr. Stoodley stated it was a very productive meeting. Chairman Kopko concurred. Approval of Minutes of 17 January 2008 at 9:30 AM; 14 July 2008 at 3:00 PM; 16 July 2008 at 6:00 PM; 23 July 2008 at 6:00 PM; 28 July 2008 at 10:00 AM. The minutes of 14 July 2008 at 3:00 PM; 16 July 2008 at 6:00 PM; 23 July 2008 at 6:00 PM; 28 July 2008 at 10:00 AM were approved by the unanimous consent of the meeting. The minutes of January 17, 2008 were also approved with Mr. Atherton abstaining. Approval of Payroll Warrant for Week Ending 17 August 2008. The payroll warrant for the week ending 17 August 2008 was approved by the unanimous consent of the meeting. Approval of Treasury Warrant and Pending Contracts for 20 August 2008. The treasury warrant and pending contracts for 20 August 2008 were approved by the unanimous consent of the meeting. Planning Director: Update Regarding Status of Master Plan for Town of Nantucket (MGL c.41, s. 81d). Planning Director Andrew Vorce provided a status report on the Nantucket Master Plan noting that this is his eighth Master Plan update to the Board. Mr. Vorce spoke on the timeline for adoption of the Master Plan stating he hopes to have a draft plan available to the public for review by the end of September. Mr. Vorce further stated he is looking for constructive participation from the Board of Selectmen when the draft is presented with the end result of the Board sponsoring a warrant article for the 2009 Annual Town Meeting for its adoption. Some discussion followed and Mr. Vorce explained that the Planning Department is taking full responsibility for the production and drafting of the document and its purpose is for the “long-term physical” development of the municipality. Mr. Vorce noted that the document, intended to be relevant for 10-20 years, will contain four functional plans (housing, transportation, open space and capital) requiring 5 year updates. Some discussion followed and Chairman Kopko suggested a joint meeting with the Nantucket Planning & Economic Commission be scheduled after the Plan is distributed and reviewed. Public Hearing to Consider Application for Permit to Operate Commercial Kiteboarding Business (tabled from 16 July 2008; 23 July 2008; 6 August 2008). James Ranney, attorney for the applicant, stated that his client is withdrawing his application. Public Hearing to Consider Applications for Committee Vacancies: Agricultural Commission, Beach Management Advisory Committee, Council on Aging, Cultural Council, Planning Board Alternate, Scholarship Committee. Chairman Kopko opened the hearing and the following individuals spoke on their Minutes of the Meeting of 20 August 2008 – 6:00 PM Page II. applications and answered questions from Board members: Agricultural Commission (one vacancy and two applicants): Charles Manghis spoke on his application and the other applicant, Andrea Marcavitch, was absent; Beach Management Advisory Committee (two vacancies and two applicants): Kathleen Van Lieu was present and spoke on her application. The other applicant, Tom Quigley, was absent; Cultural Council (two vacancies and one applicant): Aaron Marcavitch, the only applicant, was absent. Chairman Kopko noted that the Council on Aging has two vacancies and no applicants; the Scholarship Committee has three vacancies and no applicants and there is one vacancy for a Planning Board alternate but no applicants. Chairman Kopko stated the appointments will be made on August 27, 2008. Public Hearing to Consider Adoption of Traffic Regulations. Deputy Police Chief Charles Gibson was present and explained that the document before the Board is a complete revision of a “Traffic Rules and Orders” document enacted by the Board of Selectmen in 1938. Mr. Gibson noted that the revised document is the culmination of a two year effort to consolidate all traffic-related rules and policies into one document that can be amended through the regulation amendment process as provided for in the Town Code. Mr. Gibson provided an overview of the revised regulations and discussion followed with regard to specific issues and sections both referenced and not referenced in the document (i.e. speed limits and storing of cars). Mr. Atherton moved to continue the hearing until September 3, 2008 to provide additional time for the Board and public to review the proposed regulations; seconded by Mr. Reinhard. So voted unanimously. Public Hearing for Taking by Eminent Domain of Portions of Poplar, Cherry Streets and Western, Atlantic Avenues, Surfside Pursuant to Article 109 of 2008 Annual Town Meeting; Adoption of Order of Taking for Portions of Poplar, Cherry Streets and Western, Atlantic Avenues, Surfside Pursuant to Article 109 of 2008 Annual Town Meeting; Adoption of Resolution Regarding Damage Awards for Taking by Eminent Domain Portions of Poplar, Cherry Streets and Western, Atlantic Avenues, Surfside Pursuant to Article 109 of 2008 Annual Town Meeting. Chairman Kopko opened the hearing and asked if any individual was present who wished to speak in favor of the taking. Planning Director Andrew Vorce spoke in favor and explained the taking. Also speaking in favor was Kevin Dale, attorney for Surfside property owner Gerald Schwartz. As no individual was present to speak in objection to the taking, Chairman Kopko closed the hearing. Mr. Atherton moved to take by eminent domain the fee title or lesser title interests, including but not limited to all rights of passage, in all or any of those portions of Poplar Street between Nonantum Avenue and Atlantic Avenue, Cherry Street (also known as Naushon Way Street) between Nonantum Avenue and Atlantic Avenue, Western Avenue from the sideline Western Avenue adjacent to Assessor’s Map 87, Parcel 59 (2 Western Avenue) to Atlantic Avenue, and Atlantic Avenue from the sideline of Atlantic Avenue adjacent to Assessor Map 87, Parcel 108 (3 Western Avenue) to Western Avenue, as shown on plan entitled “Exhibit Plan in Nantucket, MA prepared for Town of Nantucket” dated January 23, 2008, prepared by Blackwell & Associates, Inc., P.L.S. and filed with the Town Planning Department; seconded by Mr. Reinhard. So voted unanimously. Mr. Atherton further moved that the sum of $1.00 be awarded as damages for the taking of fee simple title for each parcel described in the “Order of Taking by Eminent Domain of Portions of Poplar Street, Cherry Street, Atlantic Avenue and Western Avenue” and that the Board of Selectmen execute a “Resolution Regarding Damage Awards for Taking by Eminent Domain Portions of Poplar Street, Cherry Street, Atlantic Avenue and Western Avenue”; seconded by Mr. Reinhard. So voted unanimously. Public Hearing to Consider Public Assembly Permit Application of Nantucket Council on Aging for “Elder Expo” on September 13, 2008 from 10:00 AM – 2:00 PM at Nantucket High School. Chairman Kopko Minutes of the Meeting of 20 August 2008 – 6:00 PM Page III. opened the hearing and asked if any individual was present who wished to speak in favor of the application. Joe Aguiar, chairman of the Council on Aging, spoke in favor and explained the proposed event. As no individual was present to speak in opposition to the application, Chairman Kopko closed the hearing. Mr. Atherton moved to approve the public assembly permit application; seconded by Ms. Roggeveen. So voted unanimously. Public Hearing to Consider Public Assembly Permit Application of Triple Eight Distillery, Inc. for “Bartender’s Ball” on September 8, 2008 from 4:00 PM to 10:00 PM at Beachside Hotel. Chairman Kopko opened the hearing and asked if any individual was present who wished to speak in favor of the application. Applicant Jason Harman spoke in favor and explained the proposed event. As no individual was present to speak in opposition, Chairman Kopko closed the hearing. Mr. Chadwick moved to approve the public assembly permit application; seconded by Mr. Reinhard. So voted unanimously. Public Hearing to Consider Application of Madaket Sunset Association d/b/a West End Market, Joseph Ringenberg, Manager for Seasonal All-Alcoholic Beverages Package Store License for Premises at 324 Madaket Road. Ms. Gibson announced that this application has been withdrawn from the agenda at the applicant’s request. Public Hearing to Consider Application of Great Harbor Yacht Club, Inc. d/b/a Great Harbor Yacht Club Sailing Center, Michael Mooney, Manager, for Pledge of Seasonal All-Alcoholic Beverages Club License for Premises at 96 Washington Street. Chairman Kopko opened the hearing and asked if any individual was present who wished to speak in favor of the application. Alison Zieff, attorney for Great Harbor Yacht Club, spoke in favor and explained that a pledge of license is done for financing purposes and requires approval from the local licensing board. Town Counsel Paul DeRensis further clarified the issue. As no individual was present to speak in opposition to the application, Chairman Kopko closed the hearing and Mr. Atherton moved to approve the application; seconded by Mr. Reinhard. So voted unanimously. Public Hearing to Consider Application of Marcos A. Tejada d/b/a El Rincon Salvadoreno for Annual All- Alcoholic Beverages Restaurant License for Premises at 17 Old South Road. Chairman Kopko opened the hearing and asked if any individual was present who wished to speak in favor of the application. Applicant Marcos Tejada spoke in favor and explained the proposed operation. Also speaking in favor was Nantucket resident Marshall Keys. As no individual was present to speak in opposition, Chairman Kopko closed the hearing and Mr. Reinhard moved to approve an annual all-alcoholic beverages restaurant license at 17 Old South Road; seconded by Mr. Atherton. So voted unanimously. SELECTMEN’S REPORTS Chairman Kopko noted some positive feedback that the Board has received with regard to its goals and objectives. The meeting was unanimously adjourned at 7:30 PM. Approved the 10th day of September 2008