HomeMy WebLinkAboutBoard of Selectmen Minutes December 2, 2010 Executive Session_201402061620163117BOARD OF SELECTMEN
EXECUTIVE SESSION - Minutes of the Meeting of 2 December 2010. The meeting took place in the
Conference Room, 16 Broad Street, Nantucket, MA 02554. Members of the Board present were Rick
Atherton, Brian Chadwick, Michael Kopko, Patricia Roggeveen, and Whiting Willauer. Also present
were Town Manager C. Elizabeth Gibson, Assistant Town Manager Gregg Tivnan, Planning Director
Andrew Vorce, Town Counsel Paul DeRensis, and Executive Assistant to the Town Manager Erika
Mooney. Chairman Roggeveen called the meeting to order at 9:11 AM following a meeting in open
session.
1. Approval of Minutes of 22 February 2010 at 11:20 AM; 4 March 2010 at 9:00 AM; 7 October 2010 at
9:00 AM; 27 October 2010 at 3:00 PM. The minutes of 22 February 2010 at 11:20 AM; 4 March 2010 at
9:00 AM; 7 October 2010 at 9:00 AM; 27 October 2010 at 3:00 PM were approved by the unanimous
consent of the meeting.
2. Potential Litigation: 19 Sheep Pond Road. Ms. Gibson explained that additional erosion has been
occurring on the south shore which has evidently made it nearly impossible to remove the sandbags left
at the property of Gene Ratner at 19 Sheep Pond Road after he removed his house. She added that
many have reportedly been washed out to sea and the pursuit of an enforcement order which was
issued by the Conservation Commission (ConCom) in September 2010 is now in question. Ms. Gibson
explained that the ConCom recently received a letter from Mr. Ratner stating that he plans to install a
column with a cable to secure the sandbags, without permits.
At 9:14 AM ConCom Administrator Dirk Roggeveen joined the meeting; Mr. Vorce left the meeting.
Mr. Roggeveen reviewed Mr. Ratner’s plans in more detail and discussion followed. Mr. Kopko said the
Board needs legal advice on options to proceed. Mr. Roggeveen stated that the ConCom wants to
“figure out” legally how to get the bags off and out of the beach. Mr. DeRensis said he will talk to
attorney Rob Hillman to see what can legally be done.
At 9:31 AM Mr. Roggeveen left the meeting; Mr. Vorce returned to the meeting.
3. Real Estate Disposition.
a) Industry Road Parcel H and M: Finalize Purchase and Sale Agreement; Review Draft Deed;
Schedule Closing Date. Mr. Chadwick noted there is an issue with legal fees in that the Reis family has
indicated that they are unwilling to pay legal fees. Ms. Gibson said Town Administration never received
a complete estimate on legal fees. Mr. Chadwick noted that the Land Bank is willing to pay legal fees
up to $10,000. Some discussion followed.
c) 2 Fairgrounds Road Housing Lots; Ames Avenue. Mr. Vorce requested permission to withdraw the 2
Fairgrounds Road housing lots and the Ames Avenue lot from Land Court, noting that this simplifies the
process and reduces costs. He estimated a $2,000 legal budget for this work. Mr. Vorce noted that the
Ticcoma Way lots have not yet been transferred to the Affordable Housing Trust. Mr. Vorce added that
Housing Nantucket now says they do not want a Ticcoma lot and instead wants a payment of $107,000
which it paid out to cover an heir on an Irving Street lot. Mr. Atherton moved to approve the withdrawal
of the 2 Fairgrounds Road housing lots and the Ames Avenue lot from Land Court; Mr. Willauer
seconded. So voted, all in favor by roll call vote.
e) Easement Update: 47-49 Nobadeer Avenue. Mr. Vorce said he believes he finally has final
easement language for the Chandler/Bird agreement, noting that once the Chandler/Bird family signs
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off on the agreement, it will come before the Board to accept the easement. He added that this
agreement should service as a model for 83-85 Eel Point Road.
d) Easement Update: 83-85 Eel Point Road. Mr. Vorce said that strategy-wise, he may start working
with the abutters who seem more open to the agreement, noting this matter is still pending.
f) Discussion Regarding Industry Park Real Estate. Mr. Chadwick explained that the Barrett family
approached him regarding a land swap, noting the Barretts do have a permit from the Zoning Board of
Appeals (ZBA) for their current operation on Somerset Road but want to move their operation out of
Town. He added that the Barretts have 2.75 acres and they want four acres at the Industrial Park. Mr.
Chadwick suggested that if the Board is in favor of a land deal that the Barretts pay for the construction
of Industry Road. He added that the Barretts have also offered to place a conservation restriction on
land they own on Barrett Farm Road as part of a deal. Mr. Atherton said that any land transfers should
be even in value. Discussion followed and the Board directed Mr. Chadwick to work with Mr. Vorce to
develop a proposed strategy for a possible land deal involving the Industrial Park property and to come
up with a best practice use which would include putting together a baseline document that outlines how
much land is left at the Industrial Park site; what it is worth; and what other uses might be suitable.
b) Wilkes Square Redevelopment. At 10:17 am Chairman Roggeveen recused herself from this matter
and left the meeting; Mr. Atherton also left the meeting. Mr. Vorce reviewed a strategy for establishing
road patterns in the Wilkes Square area, noting he has spoken with Nantucket Electric which has
indicated that it is available to discuss how to get a plan accomplished.
At 10:19 Mr. Atherton returned to the meeting.
Mr. Vorce said the strategy is to work with Nantucket Electric and ReMain as they are currently more
open to the discussion than Winthrop and NIR Realty. He added that discussions would include
possible rezoning of the Nantucket Electric property which can increase density but would give the
Town ownership of the new roads. A discussion followed on the layout scenarios of the entire Wilkes
Square area. Mr. Vorce said he feels it is best to move forward in stages. Mr. Willauer moved to
endorse the design concept of roads on the Nantucket Electric property in exchange for support of a
zoning change on the Nantucket Electric property only; Mr. Chadwick seconded. So voted, all in favor
by roll call vote.
The meeting was unanimously adjourned by roll call vote at 10:48 AM.
Approved the 6th day of January, 2011.
Partially released the 17th day of August, 2011.