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HomeMy WebLinkAboutBoard of Selectmen Minutes April 16, 2008 Afternoon Meeting_201402061518054754BOARD OF SELECTMEN Minutes of the Meeting of 16 April 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, Rick Atherton, Allen Reinhard and Michael Kopko. Vice Chairman Kopko called the meeting to order at 6:00 PM. ANNOUNCEMENTS Assistant Town Manager Malachy Rice announced that the proposed Joint Public Safety Facility has received final design approval from the Historic District Commission. Approval of Payroll Warrant for Weeks Ending 6 April 2008; 13 April 2008. The payroll warrants were approved by unanimous consent of the meeting. Approval of Treasury Warrant and Pending Contracts for 9 April 2008; 16 April 2008. The treasury warrants and pending contracts were approved by unanimous consent of the meeting. PUBLIC HEARINGS Public Hearing Regarding Cemetery Names (2). Mr. Kopko asked Catherine Flanagan Stover, Chair, Cemetery Commission Workgroup, if she would like to make a presentation. Ms. Stover deferred to the Board of Selectmen’s liaison on the workgroup Mr. Reinhard. Mr. Reinhard provided background on the cemeteries in Nantucket and stated that the purpose of the hearing was to gain public input on official designating names for the cemeteries on Cliff Road and Mill Hill, which do not currently have officially designated names. Mr. Reinhard further explained that the Board of Selectmen, in its role as Cemetery Commissioners, designates names for cemeteries. Mr. Kopko then opened up the hearing for public testimony. Frank Spriggs expressed his opinion that the name of the cemetery located at Mill Hill should be the Colored Cemetery because a mix of ethnicities is buried at that cemetery, and the name is historically accurate. Augie Ramos supported Mr. Spriggs and said that the Colored Cemetery has always been known as the Colored Cemetery and that name should not be changed. Betty Spriggs stated that she does not want to “run from history” and that she has canvassed other people of color who agree that the name of the cemetery should be the Colored Cemetery. Mr. Reinhard asked those who testified in support of the name the Colored Cemetery if there is opposition to the name the Mill Hill Colored Cemetery. Consensus among the public who testified was that the name should be just the Colored Cemetery. There was no public testimony for naming the cemetery on Cliff Road, and Mr. Reinhard said that the name Founder’s Cemetery seemed to have the most support. The Board agreed to vote on official names for these cemeteries at its April 23, 2008 meeting. Mr. Reinhard also explained that the Cemetery Workgroup is developing a plan to address issues Nantucket is facing with its cemeteries and that the plan will be presented to the Board of Selectmen in the near future. Mr. Kopko closed the public hearing. Public Hearing to Consider Application of Nantucket Wine Festival, Inc. for Public Assembly Permit for Events to be Held May 15, 2008 from 12 noon to 2 p.m.; May 16, 2008 from 12 noon to 2 p.m.; May 17, 2008 from 12 noon to 2 p.m. and 3 p.m. to 5 p.m.; and May 18, 2008 from 12 noon to 2 p.m. and 3 p.m. to 5 p.m. at Nantucket Yacht Club Located at 1 South Beach Street. Mr. Atherton recused himself from this hearing. Assistant Town Manager Malachy Rice explained that public assembly permits for annual events are approved by the Town Manager unless there is a change in the application. He explained that the reason the permit for this annual event is before the Board is because the entire event is to be held at the Nantucket Yacht Club, which is a change in location. Ms. Roggeveen moved to approve the public assembly permit; seconded by Mr. Reinhard. So voted unanimously. Public Hearing to Consider Application of Small Friends of Nantucket for Public Assembly Permit for Fundraiser July 10 through July 12, 2008, from 9 a.m. to 6 p.m. at Premises Located at 33 Bartlett Farm Road. Stephanie Hall of Small Friends explained that this year the Small Friends annual fund raiser cannot be held at its traditional location on Nobadeer Farm Road because of construction of a new facility and the group would like to hold the fundraiser at Bartlett’s Farm. Mr. Reinhard moved to approve the public assembly permit; seconded by Mr. Atherton. So voted unanimously. Public Hearing to Consider Application of Nantucket Trading Post, Inc. dba Nantucket Trading Post, John Trudel III, Manager, for a New Annual Wine and Malt Beverages Package Store License for Premises Located at 12 Nobadeer Farm Road. Emily Avery, counsel for the applicant, provided information on how the Nantucket Trading Post fits into the goals of the Planning Board for residential development in the area. Ms. Avery also explained that the license is being sought not to establish a package store but to offer a product for the convenience of the store’s patrons. She also explained that the owners circulated a petition signed by over 300 patrons supporting the license application. Ms. Avery also noted that the owners previously applied for a license in the fall of 2006, but were denied. As a result of the public hearing for that license, the owners have taken steps to address concerns raised during that hearing. No one spoke in opposition to the application. Mr. Chadwick spoke to the benefit of granting the license because it reduces the Town’s quota of available licenses for a store that is not going to be a traditional package store. Ms. Roggeveen said that this application is a model application because the owners of the store have taken steps to address all of the concerns raised during their first hearing for a license. Mr. Atherton questioned the size of the alcohol sales area, and Town Counsel Paul DeRensis said that it could be specified on the license. Mr. Reinhard said he was initially opposed to the license application because of the store’s location near the Nantucket New School; however, changed his mind after learning that the applicants want a license for only 6 square feet. Ms. Roggeveen moved to determine that the Nantucket Trading Post premises at 12 Nobadeer Farm Road are not detrimental to the educational and spiritual activities of any school or church located within 500 feet of the premises and to approve a new annual malt and beverage license for six square feet; seconded by Mr. Chadwick. So voted unanimously. Mr. Kopko requested that all people who would be speaking on an HDC appeal to rise in order to be sworn in. Town Counsel Paul DeRensis then administered the oath. Public Hearing to Consider the Appeal of Overlock, Pappendick, and Sweet of Historic District Commission Approval of Certificate of Appropriateness No. 51758 for Property located at 16 Baxter Road. Attorney Foley Vaughan, representing the appellants, explained that the appeal was filed because the HDC did not consider its guidelines in its decision. He also explained that the HDC has approved house moves on upper Baxter Road because of erosion, but no house moves had been approved for lower Baxter Road, in part, because erosion was not an issue. Of the six houses in the neighborhood, all of which had been built around 1920, 3 houses have been renovated by picking up houses in place, expanded, and put back in place. None have been moved. Mr. Vaughan closed by listing several factors not considered by HDC in its decision that made its decision arbitrary. Arthur Reade, representing the property owners, explained that the current property owners have owned the property for many years. The property owners want to expand the house and when doing so to move the house to comply with current zoning standards. Mr. Reade also explained that the HDC is statutorily required to consider public views when making decisions, but not required to consider private views. In closing, Mr. Reade indicated that he believes the ruling was not arbitrary or capricious because the architecture of the building is not changing and that the new site of the house is in keeping with the character of the neighborhood. Linda Williams of the HDC spoke to the HDC’s decision making process for this property and stated that the decision was not arbitrary or capricious. Mr. Chadwick moved to deny the appeal pending before the Board of Selectmen, and that the certificate of appropriateness issued by the HDC that is the subject of the appeal before the Board is upheld because the Board of Selectmen’s review of the record of the HDC proceedings does not indicate that the HDC’s action was based on any legally untenable ground or was unreasonable, whimsical, capricious, arbitrary, or erroneous in any way; seconded by Mr. Reinhard. So voted unanimously. Public Hearing to Consider Appeal of Diane Halm of Historic District Commission Approval of Certificate of Appropriateness No. 51695 for Property located at 11 Gardner Road. Michael Parker representing the property owner spoke on the reasons for the appeal, including the location of the building being sited in a highly visible area on the property; the building does not fit in with the landscape; and the HDC did not follow its own guidelines in its decision. Sarah Alger, Esq., representing the property owner, stated that the project went before the HDC several times and the appellant never attended any of the HDC hearings to express concerns. She also explained that several changes to the design of the building had been made to address the concerns of the HDC. Linda Williams of the HDC echoed the points made by Ms. Alger and asked the Board to deny the appeal. Mr. Chadwick moved to deny the appeal pending before the Board of Selectmen, and that the certificate of appropriateness issued by the HDC that is the subject of the appeal before the Board is upheld because the Board of Selectmen’s review of the record of the HDC proceedings does not indicate that the HDC’s action was based on any legally untenable ground or was unreasonable, whimsical, capricious, arbitrary, or erroneous in any way; seconded by Mr. Reinhard. So voted unanimously. TOWN ADMINISTRATOR’S REPORT Assistant Town Manager Malachy Rice informed the Board that the Warrant for a Special Town Election is in the process of being drafted and will be presented to the Board for its consideration next week. Mr. Rice also pointed out that as a result of the April 15th annual election, this week will be the last Town Administrator’s Report and that next week will be the first Town Manager’s Report. Mr. Reinhard commented that in moving from a Town Administrator to a Town Manager the Town is strengthening the central administration of local government. Mr. Kopko concurred. SELECTMEN’S REPORT/COMMENT Ms. Roggeveen thanked everyone involved in a very successful 2008 Annual Town Meeting, including: Libby Gibson and her staff; the Finance Department; Department Heads; the Town Moderator; Town Counsel; and the Public. Mr. Atherton thanked Whitey Willauer for his service to the Board and thanked the citizens for his election to the Board. Mr. Kopko also thanked Mr. Willauer, particularly for his 2 years as Chairman of the Board, which were very productive. Mr. Willauer received a round of applause from all in attendance. The meeting was adjourned at 7:20 PM. Approved the 7th day of May 2008.