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HomeMy WebLinkAboutBoard of Selectmen Minutes May 21, 2008_201402061518128192BOARD OF SELECTMEN Minutes of the Meeting of 21 May 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, Allen Reinhard, Patricia Roggeveen and Michael Kopko. Chairman Kopko called the meeting to order at 6:20 PM, following a meeting of the Board of Health. ANNOUNCEMENTS Chairman Kopko announced the upcoming committee appointments. Approval of Payroll Warrant for Week Ending 18 May 2008. The payroll warrant for the week ending 18 May 2008 was approved by the unanimous consent of the meeting. Approval of Treasury Warrant and Pending Contracts for 21 May 2008. The approval of the treasury warrant and pending contracts for the week ending 21 May 2008 were approved by the unanimous consent of the meeting. Public Hearing to Consider Adoption of Harbor Regulations. Chairman Kopko opened the hearing and asked if any individual was present who wished to speak on the matter. Marine Superintendent Dave Fronzuto presented the draft harbor regulations noting that the intent is to restrict boats over thirty feet in length from anchoring in an area east of an “imaginary” line drawn from the tip of First Point to Pimny’s Point, the purpose of which is to protect the shellfish beds. Nantucket resident Ken Gullickson stated he feels the regulations are overly broad in its definitions and the regulations conflict with the bylaw. Mr. Fronzuto stated Town Counsel drafted the regulations. Chairman Kopko closed the hearing and Mr. Chadwick questioned whether boats could anchor during the day. Some discussion followed and Town Counsel DeRensis stated the regulations should “err on the side of giving the harbor master discretion.” After some additional discussion, it was unanimously agreed that the hearing will be continued to allow Mr. Fronzuto and Town Counsel time to further refine the document and bring it back to the Board on June 4, 2008. Public Hearing to Consider Increases to Taxi Rates and the Taxi “Zone” Map. Chairman Kopko opened the hearing and Jon St. Laurent testified on behalf of the Taxi Association. Mr. St. Laurent stated the Association has been meeting since March as its concerns with the rising cost of fuel (now $4.60 per gallon), insurance, etc are escalating. Chairman Kopko noted the proposed rate increases and Chief Pittman stated that he would like to see a metered rate system. Chief Pittman noted that the Taxi Association was to have formed a committee last year to explore this system. Discussion followed concerning the meter system and Chairman Kopko stated he expects the taxi businesses to adopt a meter system within a year. Discussion also focused on the Taxi Association’s request to increase waiting-time fees, Chairman Kopko closed the hearing and after Board discussion, Ms. Roggeveen moved to raise taxi rates by $1.00 for all current fares; create a mid-island C Zone; revise the Airport/Brant Point-Cliff zone; eliminate cross island fares based on mileage ($2.25 mile); change the waiting time to increase rate by $1.00, said increase to expire on October 31, 2008; charge an additional $1.00 per additional person and change the after hour rate from 1:00 AM – 6:00 AM to $5.50 per fare, all changes to become effective July 1, 2008; seconded by Mr. Chadwick. So voted unanimously. It was noted that the revised taxi zone map will be brought before the Board on June 4, 2008. Minutes of the Meeting of 21 May 2008 – 6:00 PM Page II. Public Hearing to Consider Application of Nantucket Aids Network for Public Assembly Permit for Fundraiser August 23, 2008 from 5:00 PM to 10:00 PM at Premises Located at Jetties Beach. Chairman Kopko opened the hearing and asked who was present to speak in favor of the application. Rhoda Weinman, representing Nantucket Aids Network, spoke in favor. As no individual spoke in opposition, Chairman Kopko closed the hearing. Mr. Chadwick moved to approve the public assembly permit; seconded by Mr. Reinhard. So voted unanimously. Public Hearing to Consider Application of Nantucket Comedy Festival for Public Assembly Permit from July 31 – August 2, 2008 from 6:00 PM to 10:00 PM at Premises Located at Jetties Beach. Chairman Kopko excused himself from the table and took a seat in the audience thus abstaining from the following discussion and vote. Vice-Chairman Roggeveen, acting a Chairman, opened the hearing and asked who was present to speak in favor of the application. Applicant Kevin Flynn spoke in favor and explained the proposed event. As no individual spoke in opposition, Chairman Roggeveen closed the hearing. Mr. Chadwick moved to approve the public assembly permit; seconded by Mr. Reinhard. So voted unanimously. Public Hearing to Consider Application of The Ropewalk for a New Entertainment License for Premises Located at Straight Wharf. Vice-Chairman Roggeveen, acting as Chairman, opened the hearing and asked who was present to speak in favor of the application. It was noted that Ropewalk owner Joe Pantorno submitted the application. Ms. Roggeveen closed the hearing as no individual was present to speak. Mr. Reinhard moved to approve the application of The Ropewalk for a new entertainment license; seconded by Mr. Chadwick. So voted unanimously. Chairman Kopko returned to the meeting and took his seat at the table. Public Hearing to Consider Application of New York Yacht Club for Public Assembly Permit for August 7, 2008 from 6:00 PM to 10:00 PM at Premises Located at Jetties Beach. Chairman Kopko opened the hearing and it was noted that the application was submitted by Caroline Reilly, on behalf of the Yacht Club. As no one was present to speak, Chairman Kopko closed the hearing. Mr. Atherton moved to approve a public assembly permit for the New York Yacht Club; seconded by Mr. Reinhard. So voted unanimously. Public Hearing to Consider Application of Atlantic Aeolus Corp./Nantucket Energy Corp., LLC for License to Store 120,000 Gallons of Propane Fuel Above Ground for Premises Located at 30 Bunker Road. Chairman Kopko opened the hearing and asked if any individual was present to speak on the application. Chairman Kopko noted that this matter is re-scheduled for two weeks, due to a public notice requirement. Public Hearing to Consider Application of Global Management Inc. d/b/a Lo La Burger for New Common Victualler License for Premises Located at 10A Broad Street. Chairman Kopko opened the hearing and asked if any individual was present to speak on the application. Chairman Kopko closed the hearing, as no other individual was present to speak in opposition. Ms. Roggeveen moved to approve the application for a new common victualler license for Global Management Inc. d/b/a Lo La Burger; seconded by Mr. Chadwick. So voted unanimously. Minutes of the Meeting of 21 May 2008 – 6:00 PM Page III. Public Hearing to Consider Application of Timothy P. Lonergan d/b/a The Dancing Pickle for New Annual Wine and Malt Package Store License for Premises Located at 128 Old South Road, Lot 6. Chairman Kopko opened the hearing and asked if any individual was present to speak in favor of the application. Rhoda Weinman, attorney for the applicant, spoke in favor and explained the proposed operation. Ms. Weinman noted that the application was before the Board last March but was withdrawn as the proposed premises had yet to exist. Also speaking in support was Nantucket resident Tom Bresette and several other Nantucket residents. As no individual spoke in opposition to the application, Chairman Kopko closed the hearing and Board discussion followed. Mr. Reinhard expressed concern with issuing a license without the actual building in place and some discussion followed concerning this issue. Ms. Roggeveen moved to approve the application for an annual wine and malt package store contingent upon the issuance of a Certificate of Occupancy (CO); seconded by Mr. Chadwick. It was then determined that a CO could take a few months to issue and Ms. Roggeveen moved to amend the motion so as to approve contingent upon successful inspection by the Building Department; seconded by Mr. Chadwick. So voted as amended. Mr. Reinhard and Chairman Kopko were opposed. Public Hearing to Consider Application of Triple Eight Distillery, LLC, Dean Long, Manager, for Annual Farmer-Distiller Pouring Permit (MGL c.138, s. 19E)(j) and Amendment of Premises Description for Premises Located at 5 Bartlett Farm Road. Chairman Kopko opened the hearing and asked who was present to speak in favor of the application. Mark Dickinson, attorney for the applicant, spoke in favor and explained the application. Chairman Kopko closed the hearing and discussion followed with Ms. Roggeveen asking what steps the applicants have taken to mitigate the parking issues and impact on the neighborhood. Discussion followed on these issues and Mr. Chadwick moved to approve an annual farmer-distiller pouring permit and amendment of premises description for premises located at 5 Bartlett Farm Road for Triple Eight Distillery, LLC, Dean Long, manager; seconded by Ms. Roggeveen. So voted unanimously. Public Hearing to Consider Application of Nantucket Vineyard, LLC, Dean Long, Manager, for Annual Wine Only Farmer-Brewer Pouring Permit (MGL c.138, s. 19B(i) and Amendment of Premises Description for Premises Located at 5 Bartlett Farm Road. Chairman Kopko opened the hearing and asked who was present to speak in favor of the application. The attorney for applicant Dean Long spoke in favor of the application noting that this is similar to the preceding application which approved an amendment to the property description and granted approval for a farmer- winery permit. Mr. Reinhard questioned the number of events planned and Mr. Long responded he does not wish to have a “large number of events” and would need Board permission if any event occurred after 7:00 PM. Chairman Kopko closed the hearing and Mr. Chadwick moved to approve an annual wine only farmer-winery pouring permit and amendment of premises description at 5 Bartlett Farm Road for Nantucket Vineyard, LLC, Dean Long, manager; seconded by Mr. Reinhard. So voted unanimously. Public Hearing to Consider Application of Cisco Brewers, LLC, Randolph Hudson, Manager, for Annual Malt Only Farmer-Brewer Pouring Permit (MGL c. 138, s. 19C (i) and Amendment of Premises Description for Premises Located at 5 Bartlett Farm Road. Chairman Kopko opened the hearing and asked who would be speaking in favor of the application. Applicant Randy Hudson’s Minutes of the Meeting of 21 May 2008 – 6:00 PM Page IV. attorney spoke on the application explaining that Cisco Brewers will only be pouring what it brews on-site. It was further explained that Cisco Brewers seeks to amend the premises description to cover the outdoor area that will be the site of on-premises consumption in accordance with its farmer-brewing permit. Chairman Kopko closed the hearing and Mr. Chadwick moved to approve the application of Cisco Brewers for an annual malt only farmer-brewer pouring permit and amendment of premises at 5 Bartlett Farm Road; seconded by Ms. Roggeveen. So voted unanimously. Public Hearing to Consider Applications of Great Harbor Yacht Club, Inc., Michael Mooney, Manager, for New Seasonal All-Alcoholic Beverages Club License; Common Victualler License and Entertainment License for Premises Located at 96-97 Washington Street. Chairman Kopko opened the hearing and asked who was present to speak in favor of the application. Sarah Alger, attorney for the applicant, spoke in favor and explained the proposed operation. As no individual spoke in opposition, Chairman Kopko closed the hearing. Ms. Roggeveen moved to approve a new seasonal all-alcoholic beverages club license, a common victualler license and an entertainment license to Great Harbor Yacht Club; seconded by Mr. Chadwick. So voted unanimously. Public Hearing to Consider Application of West End Market, Inc. d/b/a West End Restaurant, Anderson Grennan, Manager, for New Seasonal All-Alcoholic Restaurant License for Premises Located at 326 Madaket Road. Chairman Kopko opened the hearing and asked who wished to speak in favor of the application. Applicant Anderson Grennan spoke in favor and explained that the establishment had a previous liquor license but it had lapsed. Mr. Grennan also noted that the hours of operation for the restaurant will be 12:00PM to 10:00 PM. Chairman Kopko closed the hearing as no individual was present to speak in opposition. Mr. Chadwick moved to approve a new seasonal all-alcoholic restaurant license with the condition that the establishment must close by 11:00 PM and any restrictions that may have previously existed on the lapsed license be carried forward; seconded by Mr. Reinhard. So voted unanimously. TOWN MANAGER’S REPORT Request for Adoption of Mooring Permit Waiting List Fee. Town Manager Libby Gibson explained that the proposed mooring permit waiting list fee is similar to the newly adopted taxi waiting list fee which covers the administrative costs of keeping and maintaining the list which is maintained by the Marine and Coastal Resources Department. After a brief discussion, Mr. Chadwick moved to approve an annual mooring permit waiting list fee of $10.00, effective July 1, 2008; seconded by Ms. Roggeveen. So voted unanimously. Update Regarding FY 2006, 2007 Financial Audits. Ms. Gibson updated the Board on the audits explaining that the field work has started on FY 06 and FY 07. Ms. Gibson provided a timeline for the reports to be completed. Ms. Gibson stated that, unless she hears otherwise from the Board soon, bicycle paths currently under construction will have paving markings. Minutes of the Meeting of 21 May 2008 – 6:00 PM Page V. SELECTMEMN’S REPORTS/COMMENT Action on Request to NP&EDC to Delete Item (#36) in Downtown Circulation and Ferry Access Improvement Study Implementation Plan. Chairman Kopko excused himself from the table and took a seat in the audience thus abstaining from the following discussion. Mr. Reinhard spoke about the Improvement Study Implementation Plan noting that the Town does want to attract people to the harbor but does not believe any action is necessary this evening. Ms. Roggeveen stated that she believes there is a consensus to take no action with regard to the issues with the Nantucket Yacht Club. Ms. Roggeveen announced the Memorial Day observance schedule. Chairman Kopko commended Projects Administrator Diane O’Neil for her work to schedule a State Department of Construction and Management seminar for local builders on Nantucket in June. The meeting was unanimously adjourned at 8:38 PM. Approved the 27th day of August 2008.