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HomeMy WebLinkAboutBoard of Selectmen Minutes January 16, 2008_201402061518094754BOARD OF SELECTMEN Minutes of the Meeting of 16 January 2008 at 6:00 PM. The meeting took place in the Town and County Building, 16 Broad Street, Nantucket, MA 02554. Members of the Board present were Brian Chadwick, Patricia Roggeveen, Whiting Willauer, Allen Reinhard and Michael Kopko. Chairman Willauer called the meeting to order at 6:25 PM, following a joint meeting of the Nantucket Regional Transit Authority. ANNOUNCEMENTS Town Administrator C. Elizabeth Gibson announced the appointment of Malachy Rice as the new Assistant Town Administrator and introduced Mr. Rice to the Board. Approval of Minutes of 26 December 2007 at 6:00 PM. The minutes were approved by unanimous consent of the meeting. Approval of Payroll Warrant for Week Ending 13 January 2008. The payroll warrant was approved by unanimous consent of the meeting. Approval of Treasury Warrant and Pending Contracts for 16 January 2008. The treasury warrant and pending contracts were approved by unanimous consent of the meeting. Request for Acceptance of Grant of Sewer Easement for Properties in Abrem Quary. Mr. Kopko moved to accept a grant of sewer easement for properties located in Abrem Quary, as per conditions of a special permit; seconded by Mr. Reinhard. So voted. Mr. Chadwick abstained. Request for Endorsement of Concept of Transportation Hub at 10-12 Washington Street. Mr. Reinhard moved to endorse the concept of a transportation hub at 10-12 Washington Street, also endorsed by the Board sitting as members of the Nantucket Regional Transit Authority; seconded by Mr. Kopko. So voted unanimously. Public Hearing to Consider Application of Madjam, Inc. dba Bamboo Pub and Restaurant, Shannon Haddon, Manager for Alteration of Premises to Add the Service of Alcoholic Beverages to the Second-floor Dining Room and Outside Patio for Establishment Located at 2 Chin’s Way. Chairman Willauer opened the hearing and Mr. Chadwick inquired as to the status of the installation of a sprinkler system. Fire Chief Mark McDougall reported the installation of the sprinkler system is expected to be completed by May, noting that code requirements must be met before any expanded use of the second floor is allowed. After some discussion, Chairman Willauer closed the hearing and Mr. Kopko moved to approve an alteration of premises to add service of alcoholic beverages to a second floor dining room and outside patio, contingent upon sign-off approvals from the applicable public officials; seconded by Mr. Chadwick. So voted unanimously. Public Hearing to Consider Application of High Tide Productions, Inc. dba Current Vintage, Margaret English, Manager for New Seasonal Wine & Malt Package Store License for Premises Located at 4 Easy Street. Chairman Willauer opened the hearing and attorney Susan McCarthy, representing the applicant, spoke in favor of the application. Also speaking in favor was Denis Toner, Alison Forsgren, and applicant Margaret English. Ms. English explained the proposed operation stating her store would be a specialty wine store and would not duplicate any store already existing. Speaking in opposition to the application was Curtis Barnes who stated he does not believe the island needs any more package stores. Attorney Wayne Holmes, representing five year-round all alcoholic beverage package licensees, spoke against the application, citing lack of community need and financial concerns the year-round store owners have and the fact these concerns would only worsen with an additional seasonal license. Mr. Holmes presented a petition he stated was signed by 609 year-round residents opposing all applications for new liquor licenses before the Board this evening. Mr. Holmes spoke on the efforts of local organizations to address alcohol and substance abuse on the island and the negative effect an additional package store may have on those efforts. Also speaking in opposition was Paula Driscoll, proprietor of Islander Package Store. Nantucket resident Alan La France, and Karyn Lindsay, chairman of the Alliance for Substance Abuse. Ms. McCarthy stated the applicant takes alcohol and substance abuse very seriously and further reviewed the type of business for which the applicant is seeking a license Mr. Chadwick moved to close the hearing; seconded by Mr. Kopko. So voted unanimously. Mr. Reinhard expressed his thoughts on the matter stating he is inclined to support the application and Mr. Chadwick noted the Board is trying to “reinvigorate” the downtown area and feels this business would be an asset to the core area. Ms. Roggeveen expressed her opinion that the Board should not interfere with private enterprise ventures but rather said businesses should be “market regulated.” After some additional discussion, Ms. Roggeveen moved to approve the application for a new seasonal wine and malt package store license for premises situated at 4 Easy Street; seconded by Mr. Chadwick. So voted. Mr. Kopko was opposed. Public Hearing to Consider Application of A.C.D.C. Promotions, LLC dba Epernay, David V. Cantella, Manager for New Seasonal Wine & Malt Package Store License for Premises Located at 1 North Beach Street. Ms. Roggeveen moved to continue this hearing to February 20, 2008; seconded by Mr. Kopko. So voted unanimously. Public Hearing to Consider Application of Fish in the Spread, LLC dba Harpoon Liquors, Jonas M. Baker, Manager for New Seasonal All Alcoholic Beverages Package Store License for Premises Located at 5 Salem Street. Chairman Willauer opened the hearing and applicant Jonas Baker spoke in favor of the application and explained the proposed operation. Mr. Reinhard inquired as to the proposed hours of operation and how many jobs would be created by this new business. Mr. Kopko suggested that all testimony and evidence provided in the Margaret English hearing for a new seasonal wine and malt package store license be incorporated into this hearing and this was approved by unanimous consent of the board (see above agenda item). Mr. Kopko proceeded to express his opinion that this application differs greatly from the English application because this proposed liquor store “fulfills a need” as it replaces a nearby seasonal liquor store that went out of business two years ago (Island Spirits). Nantucket resident Curtis Barnes spoke against the application. Mr. Kopko moved to close the hearing; seconded by Ms. Roggeveen. So voted unanimously. After some additional discussion, Mr. Kopko moved to approve the application for a new seasonal all alcoholic beverages package store for premises situated at 5 Salem Street; seconded by Ms. Roggeveen. So voted. Mr. Reinhard and Chairman Willauer were opposed. Public Hearing to Consider Appeal of Holly and Mark Pagon of Historic District Commission Approval of Certificate of Appropriateness Nos. 50842 and 50843 for Property at 29 Baxter Road (continued from 28 November 2007). Chairman Willauer opened the hearing and Ms. Roggeveen made a statement with regard to the fact that her husband, Dirk Roggeveen, would be speaking on this matter in his capacity as chairman of the Historic District Commission (HDC). Ms. Roggeveen stated that she has spoken with the state Ethics Commission and was told there is no perception of conflict. Rhoda Weinman, attorney for the appellant, stated the decision handed down by the HDC was arbitrary and capricious. Ms. Weinman stated many concerns were expressed about the application at the HDC meetings held on this matter and, despite this fact, the application was approved. Ms. Weinman made a detailed presentation as to why the appellant believes the HDC made an inconsistent decision in this case and requested that the matter be remanded to the HDC for further review. Chairman Willauer swore in Brian Pfieffer who provided testimony as an “historic expert” and his testimony was objected to by Alison Zieff, attorney for the 29 Baxter Road property owner. Mr. Pfieffer continued noting his background and qualifications with regard to this matter. Some discussion ensued by Board members as to the relevance of Mr. Pfieffer’s remarks about the renovations at the Baxter Road property. A lengthy discussion followed and HDC chairman Dirk Roggeveen, as well as other HDC officials, provided testimony as to the certificate of appropriateness process and the reasons why the application was approved by the HDC. Further discussion followed and the hearing was closed. Mr. Kopko moved to remand the matter to the HDC. The motion died for lack of a second. After still more discussion, Mr. Chadwick moved to uphold the HDC decision and deny the appeal, finding that the certificates of appropriateness are not based on legally untenable ground and are not unreasonable, capricious, arbitrary or erroneous; seconded by Mr. Reinhard. So voted. Mr. Kopko and Chairman Willauer were opposed. TOWN ADMINISTRATOR’S REPORT Review of 2008 Annual Town Meeting Warrant Articles. It was unanimously agreed to continue this agenda item until January 17, 2008 at 9:30 AM. The meeting was adjourned at 11:15 PM. Approved the 13th day of February, 2008.