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HomeMy WebLinkAbout1982-03-10 BOARD OF SELECTMEN M~inutes of the Meeting of March 10, 1982 The regular meeting of the Board of Selectmen was called to order at 8:00 p.m. by Chairman Holdgate. All members were present. The Minutes of the Meeting of March 3, 1982 were accepted as typed. I PUBLIC HEARINGS 1. Peter. F. Dooley d/b/a Westend Pub; Seasonal Pouring License: Tonight was set as the hearing date on 'the application~f Peter F. Dooley d/b/a Westend Pub located on Madaket Road for a Seasonal Ali Alcoholic Common Victualers license. Jack Gardner read a letter from Attorney Kevin Dale, representing Mr. Dooley, with the proof of the notification to abutters, the floor Plan, and the plot plan. Letter read from Zoning Officer Norman Chaleki advising the Board that that area is not zoned for a restaurant and that Mr. Dooley would have to go to the Zoning Board of Appeals for a use variance. A petition received with approximately sixty signatures in favor of granting the license; thirteen of these signatures are residents of Madaket. Chairman Holdgate asked Mr. Dooley if he wished to withdraw his'applicatio] at this time due to the fact that he had to go to the Zoning Board of Appeals to get a use variance. Attorney Dale spoke to Mr. Dooley and requested that he be able to make a presentation to the Board. The Board asked him to wait until all the written material had been read. Jack Gardner stated that there were over fifty letters in opposition, and instead of reading every letter, read off the names of the people who wrote them. Also, twelve mailgrams were received all noting opposition to the grant- ing Of the license. Attorney Dale now made hi§ presentation to the Boardand all citizens at the h~aringl He stated that he appreciated the concerns of the residents of Madaket. He also stated that he wa~glad there were so many people at the hear. ing as it gave him a chance to "clear the air" on some facts. He said that this was an application for a liquor license, yes, but also an application for a restaurant license. He stated that some of the concerns are:~ 1) The name is "Pub"; he stated that this is not a "pub" or a tavern, it is going to be a family restaurant; 2) the concern of loud music eminating from the establish? ment; there will only be recorded music, no live bands; 3) the concern for late night activity; Mr. Dooley is willing to have restricted hours, perhaps 11 p.m. closing; 4) parking problems; there will be none, there will be adequate park- ing facilities as the plot plan shows out; 5) drinking and driving on Madhket Road; what about the people who drink in town and,drive back to Madaket? Mr. Dool&y is trying to attract Madaket residents to his establishment. He is try- ing to have a restaurant that appeals to daytime beach goers and nighttime Madaket residents. He stated that Dooley is a lifelong resident of Nantucket and wants the chance to show everyone that this type of restaurant~.establish- ment is what Madaket needs. He stated that Mr. Dooley fully understands that if there are any problems, the Selectmen have~the.~power to r&v0ke~the~license. He stated that Mr. Dooley is willing to take the license subject to any restric- tions the Selectmen might wish to impose on him such as noise levels, parking, and reduced hoUrs. Chairman Holdgate asked M~. Dooley if he had any.problems with an 11:00 closing. Mr. Dooley replied.that he did not. Jack Gardner stated that the Board should not vote on the license.-'He said, for example, if we ~ive him the license, then it will put the burden on the Board of Appeals to grant him-a use variance. He stated that the Board~%of Appeals should makea decision, then have it come back to the Selectmen and we decide on i%. By State statute we are supposed to-act within thirty days, but~ if we get a letter from Mr. Dooley stating that we have longer than thirt~ days until an answer is decided by the Zoning Board of Appeals for example, then we can have an extension, legally.~ Mr. Gardner so moved. Seconded by Don Oli- ver. Mr. Grossman asked~Mr.~ Gardner to restate his motion. Mr. Gardner stated that Mr. Dooley will give us in Writing something that we have longer than the thirty day'.waiting per~od to Wait on hearing from the Board of Appeals. His motion was carried.? Mr. Henry Kehlenbeck asked if the citizens who came tonight were going to have a chance to:speak~ .It'was explained to the audience that the Board could not have a "hearing" until the Zoning Board of Appeals made.their~'ideoision. They would have to come back when the hearing was ~rought~up ag~i~and they would be able'to know when~ha~ hearingwas by med~a.coverage of Selectmen s meetings. BOS ~age 2 March 10, 1982 Minutes At this time the Board moved up to OFFICIAL BUSINESS, so that after the. item, the meeting could be reconvened back down i~ the Selectmen's Hearing Room III OFFICIAL. 1. Review of VFW/Na~Base Lease: Mr. Walter Barrett, President of the Board of Directors of the VFW, stated that in regard to someone living on thepremises, there is no shower there and it does not pass with the Health Inspector. Mr..Barrett stated that the cost of putting a shower in would be approximately $3,000. He also stated that since the signing of the lease, the VFW has spent approximately $30,000 in labor and maintenance. Included. in that $'30,000 was approximately $2,500 which was the cost of installing elect.. tronic surveillance in the building. He stated.that this surveillance worked very well~ and that twoperpetrators have been' caught-already. He stated that the VFW is willing to put electronic surveillance in the building adjacent to theirs. Mr. Barrett stated that. even if a man could be living there, all he would be able to see was what was right out the front door and. that's all. He said that he felt the electronic surveillance worked much better than a person co,ldo. Mr. Barrett stated that there had been no vandalism, to his knowledge, out there at the Navy Base since the VFW has been out there. He said that there is someone going out there seven days a week and some nights too. He said that the Scouts meet3'~ther~ and so do other organizations. Jack Gardner said that the main problem was people .going in the buildings. Since the DPW has boarded them up, there have been no persons going in, he said J. Sydney,.Conwa~, representing the VFW, stated that on July 23, 1982 the Board of Selectmen entered into a lease with the .VFW P~t'~98603, and prior to the final approval of this lease discussion was forthcoming on four items in thy ~'~ase prior to acceptance. The.'first item adderssed concerned taxes, two others dealt with'insurance and the fourth and final item dealt with security.~f the 45 acre navy. base under item 19 where correctionS were made after discussion and recommendations. He also stated that the VFW-has been working there constantlyI 'since July of 1981 having spent close to $30,000 in money and labor to put the building they leased into first class condition. He said that there has not been one cent of town money spent on the vFw building although it is owned by the town and the VFW's annual'rent is $1.00 per year. He said that the VFW hasI had three vegas nights in order to raise funds to maintain this buildin~ which runs in excess of $800 per month just for heat'and lights and equipment, with all this not one cent of town money has or will be spent on this building. He said that there has not been anyone placed on the premises-b~cause that task of putting this building into acceptable condition took longer than expected and they still do not have a shower or tub which someone could utilize and this is a requirement of the health code. He stated.that an electric eye had been in- stalled at a cost of $2500, and there has not been one case of destruction or vandalism-since the VFW has been located, at this location. He also stated that the VFWhad activated a street light adjacent to the navy>:base. He stated alsol that the VFWwished to continue negotiations,' authorized by the 1981 April Townl Meeting, to continue the lease to a twenty-year lease. Mr. Grossman said that everything the VFW has done is very commendable. He suggested that there could be a compromise. The Town spent some-money on boarding .up the Other buildings, he s~id. He stated that p~rhaPs the lease wo~ld have an addendum put on stating that the electronic surveillance could be used instead of the security as Stated'in the lease with the Condition that the VFW keep up with the securing of the other buildings; .i.e., if plywood comes off the building, the VFWhas the responsibility of replacing it. Don Oliver suggested that there be a meeting of the Board of Selectmen and representatives of the VFW some time before-Tuesday because that ~s when Town Counsel Goglia would be down to review the lease. He stated that there could be a discussion of'what the Board would like done and what the VFWwas capable of doing. Mr. Conway stated that this would give them a chance to get cost estimates on more work.that could be done out there. The Board voted to set up a meeting for Tuesday, March 16, 1982 at 4:30 p.~. in the Selectmen's Room for a joint meeting between the Board and the VFW members. At this time, the Board adjourned to reconvene back in the Selectmen's Hearing Room. All members were present except for Chairman Holdgate. Select- man Oliver took the position.of Acting Chairman and called the meeting to order returning back to PUBLIC HEARINGS. 2. ]oh~ C. DeMello; Jr. d/b/a'Scrimshaw Wor~ho~; Automatic Amusement Devices '4 Vesper'Lane: Tonight was set as the continuation of the Public Hearing on the application of John C. DeMello Jr. d/b/a Scrimshaw Workshop under MGL Chapter 140, Section 177A for four (4) licenses for various automatic amusement~ devices to be located at 4 Vesper Lane. BOS March 10, 1982 P..a_ge 3 Minutes Acting Chairman Oliver asked if there were any objections to the granting of these licenses from the public. Mr. Wayne Holmes, representative of the School Committee, said he had no objections at this time, but asked that the Board table the matter for one week until the School Committee had their meeting on Maonday. He stated that they were trying to compile information to see if the location of these machine would be detrimental to school children. Jack Gardner so moved to table the hearing for one week. Seconded by Bernard Grossman. So voted. At this. time Chairman Holdgate returned to the meeting and continued with the PUBLIC HEARINGS. He thanked Mr. Oliver for taking the position of Acting Chairman in his absence. 3. New England Telephone Petitions: Hearing Set for tonight on Petition #82-12 for one JO Pole Relocation on Main Street. Hearing also set for tonight on Petition #82-511 for nine pedestals, seven conduit road crossings,.and pro- posed buried cable on Nobadeer Way. Abutters for both hearings have been no- tified. There being no objections from the public, Jack Gardner moved to approve the petitions. Seconded by Bernard Grossman. So voted. At this time, Mr. Grossman stated that there had been a number of prOblems with cable breakdownout Polpis Road. He stated that a letter should be sent to the New. England Telephone~Company.~asking them to expidite the repair of thes~ b~eakdowns, and so ~oved. Seconded by Jack Gardner. So voted. Chairman Hold- gate added to this' saying that when hi~ son was injured, these breakdowns were the reason a doctor could'not be reached. II DEPARTMENT REPORTS 1. Police Chief:' Letter from Police Chief Paul S. Hunter recommending that the Board award the bid for police cruisers to Don Allen Ford with a per cruiser bid of $7,199. Chairman Holdgate asked if the bid specs said F.O.B. Nantucket%. Chief Hunter replied they did-.not. ExEcutive Secretary Ke~th' A. Bergman stated that he had spoken with Town COunsel Gogliaand in Mr. Goglia's opinion is that the Board accept another bid or reject all bids and re-bid with "F.O.B. Nantucket". Don Oliver moved to re-bid "F.O.B. Nantucket'! and to include a "warranty". Seconded by Bernard Grossman. So voted. 2. D~W.-~S~rintendent.:~.I~_~_.~~~p~dent Ed Walker recom- mending that the Board award the .bid for the DPW Cab and Dual Wheel Chassis to Don Allen Ford, for a bid of $9,512.86. So moved by Jack Gardner. Seconded by Don Oliver. So voted. 3. Fire Chief; Review'of'Coast Guard Boathouse Proposal: Bernard Grossman asked if the Board had contacted either the Coast Guard or General Services. Executive Secretary Bergman stated that a letter hadbeen sent to the Coast Guard indicating the Town's interest in obtaining the boathouse. Chairman Holdgate stated another letter should be sent asking when we can expect to know.their decision. Executive SecretarY Bergmanstated he would send the letter, but in%~.the event all things go forward, Fire Chief Bruce Watts and Rob. Farley are here to give an explanation of the proposal submitted a few weeks ago. Chief Watts stated .that he didn't know how~many of the Selectmen had read the proposal, but if the Town could obtain the building, it could be used for storage by the Fire Department and other town departments~su~h as SHAB. The chief stated that this is a proposal that Dick Caton and Joe Rezendes did some work on, Rob Farley~took the. informa~ion they obtained and did extensive re- search and put together the proposal. The report contains.blueprihts of areas split down for storage purposes, where the building would be located Mr. Grossman asked Chief Watts if it would be a disadvantage to him if the .building were.not located on his premises.. Mr. Oliver asked Chief.Watts if he had contacted the Historic Districts Commission regarding the proposal to place the building on his premises. Chief Watts replied that he had not contacted the HDC, and that he would like to have the building on his premises. Mr. Oliver asked him if the building had to be on his premises. Chief Watts replied that it did not, they could store cable andthe like wherever it was. Chairman Holdgate entertained the motion.that a letter of commendation go t° Mr. Joe Rezendes, Dick Caton, Rob Farley, and Chief Watts for the work ~hey did on this proposal as it saved the Board alot of time and energy. So moved BOS · Page 4 Ma~6h 10, 1982 Minutes by Don Oliver. Seconded by Jack Gardner. So voted by unanimous vote. 4. Executive Secretaryi: A. Wauwinet Road Easements: Executive Secretary brought up the subject of the Wauwinet Road Easements stating that little work had been done on this since 1979. He said, "After locating the file on this subject, and consulting with Town Counsel Goglia and Register Of Deeds Barrett, I would recommend that the Board use money in our Professional Services budget to hire expert help in obtaining and verigying certificates of title and signed easements for this project for processing by the Registry.~ ~He stated he would bring the matter up With Town CounSel on Tuesday, when Town Counsel is on island. Chairman Hol~gate stated that Mr. Bergman should call some local people to see if they could do work on this. Jack Gar~ner stated that the work should be done by Town Counsel Goglia seeing that he knows so much about it anyway.,· and he had done a great deal of work on it already. He moved to talk to Town Counsel Goglia first, then go over the details with a local.person ca~able of doing this'work. Seconded by Don Oliver. So voted. B. RFP.For By-Law Codification: .Executive Secretary stated, "As you know, the Civic League By-Law Committee handed intheir draft codification of the town by-laws on February 24. Since that time, I have heard from the General Code Publishers of Rochester, New York, with a cost estimate of between $2500 and $3,500 for codifying and publishing the town's by-laws in a loose-leaf for- mat. The' Original mandate of the by-law codification efforts did not include either the zoning by-law or the personnel by-law,~amOng Others. I would recommend that the Selectmen contact both the Planning Board and the Personnel Board to learn of their interest in having their respective by-l&ws printed in such a loose-leaf format. Further, I would like to prepare an RFP (Request for Proposals,) to send to a number of codification companies so that we might get bids to complete the work authorized by 1979 Town Meeting, for which $5,000 was appropriated." Mr. Grossman asked Mr. Bergman if the form that was submitted by the civic League ready to go to print. Mr. Bergman replied that anything done like that should be checked..out thor0ughly~ Mr. Grossman asked if the company he had been talking with did this type of work. Mr. Bergman replied that it did and-that was the reason f~r such a .high cost. Mr. Bergman stated that the other part of 'his proposal was that the Planning Board and the Personnel Board might want something done. He proposed to put out an RFP for this with the provision that separate'copies of certain by-laws could be printed also. Mr. Bergman said there were two steps to be followed; first, to send out l~tters to other companies, Second, hearing from them --' send out RFP's. Don Oliver moved to contact necessary departmens for a report~and to let Keith Bergman, Executive SecretarY, go forward and get together information for RFP's and go from there, seconded by Jackl Gardner. So voted. III OFFICIAL 2. Chapter 138, Section'16A; Seasonal 'Alcoholic License Renewals: During the month of March,'the'General Laws provide that' nay-renewal applications Submit- ted for the same type of liquor license covering the same licensed premises as last year shall be automatically renewed by the iocal licensing authority. The following is a list of establishments that the Board voted to approve a renewal of: Stephen C. McCluskey, Manager d/b/a 7 INDIA STREET 7 India Street, Nantucket'. Sandra G. Fee. d/b/a NANTUCKET SKIPPER, Inc. Steamboat Wharf, Nantucket John B. McElderry, Jr. d/b/a SIASCONSET BOOK STORE Maih.Street/Elbow Lane, Siasconset Larry B. Wheldon d/b/a THE NANTUCKET LOBSTER TRAP 23 Washington Street, Nantucket Howard Crocker d/b/a THE THISTLE RESTAURANT 20 Broad Street, Nantucket BOS March 10, 1982 Jean Charles Berruet d/b/a THE CHANTICLEER INN New Street, Siasconset Gregory Peck d/b/a THE NORTH SHORE RESTAURANT 80 Centre Street, Nantucket John L. Hardy d/b/~ NANTUCKET YACHT CLUB South Beach Street, Nantucket Donald DeMarco d/b/a THE INN HOUSE 9 India Street, Nantucket Mary.~Fitz-Gibbon~Walsh d/b/a NANTUCKET WINE & SPIRITS Steamboat Wharf, Nantucket John F. Gifford, Manager of Straight Wharf Restaurant Co., Inc. d/b/a STRAIGHT WHARF RESTAURANT Straight Wharf, Lower Main Street, Nantucket Robert Leske, Manager of Nantucket Island Products, d/b/a ~AP'N TOBEYS 'CHOWDER HOusE Straight Wharf, Nantucket Inc. ~Robert T. Currie, Manager d/b/a CLIFFSIDE BEACH, Inc. Jefferson Avenue, Nantucket Neil C. Grennan¥ Manager of Twenty-four Broax Street, d/b/a LE LANGUEDOC 24 Broad Street, Nantucket Inc. 3. ~pointme~t of Transient Vendor Tax Agent: Mr.-William F. Burdick has expressed his desire to accept appointment for another year as the Transient Vendor Tax Agent. Mr. Oliver stated that through Bill's efforts, the Town was able'to collec' quite a nominal sum of money last year'-in transient vendor taxes. Mr. Grossman stated that some town~.~have raised their fees and asked if the fee schedule for transient vendor tax had been revi&wed recently. Jack Gardner stated that he also believed a review should be done of the fee schedule. Mr. Burdick stated that the town now gets $250.00 and he felt they should be getting at least $500.00. Mr. Oliver stated that Richard Ray was the official collector and the Board should ask him for a recommendation on the fee schedule. Mr%.Grossman so moved to ask Richard Ray-for a recommendation on the fee schedule and to have it back to the Board within the'next two weeks at'3the latest. Seconded by Don Oliver. So voted. Mr.~PGardner moved to appoint William F. B~rdick as the Transient Vendor - Tax Agent for another one-year term. Seconded by Bernard Grossman. So voted. 4. H6use Bill $2300'''Ah Act to~ Assist Coastal Communities to Finance the Improvement of Harbor and Waterfront Facilities: House Representative J. Sydney Conway was present at the Selectmen's meeting and spoke on this bill. He said there was a hearing on Thursday, March 4, 1982 at the State House which he.& Planning Director William Klein were both in attendance at. He stated that this would be a bond issue in'the amount of 40 million dollars, and that the towns, wo~ld' be able to borrow up to 2 million dollars and mat~h whatever they borrowed; i.e.,f.if'the town wanted to borrow 2 million dollars, they would have to come up with an additional 2 million to match it, which would give them 4 million to spend on a project. He said that the bill takes into consi- deration new construction, which the other bill did not. He said that there was alot of interest ~xpressed in this bill, and it had a good chance of pas- sage this year. Mr. Conway said that a letter should be sent by the Board to the Ways and Means Committee supporting the bill. Mr. Grossman stated that this could mean a good deal to the Town of Nan- tucket and moved that a letter be sent to the Ways and Means Committee, the Speaker of the House, Senator Burke, Senator McLean,.and whoever else should get one. Don Oliver seconded the motion asking Mr. Conway to supply the Selectmen with a list of people who should get the letter. So voted. This list given by Mr. Conway will be used when other support letters are sent and will be given to the Executive Secretary. 5. Review of Mansh/Sheehan Salary Proposals: This matter was tabled until a later date. Page 5 Minutes BOS March 10, 1982 Page 6' Minutes IV CITIZEN 1. Request for HDC A~eal; Dian Boone:. Letter received from Wayne F. Holmes, Attorney-representing Ms. Dian Boone, requestiDg an appeal from the Historic Districts Commission denial of giving her a certificate of appropriateness for a fence and a building addition at premises located at Beaver and Union Streets Don Oliver motioned to set a hearing'date of March 24, 1982 at 7:30 p.m. in the S~lectmen!s Hearing Room. Seconded by Jack Gardner. So voted. 2. Artists' Association'~affle and Bazaar License Request: Letter received from Irene M. Beach requesting a one-night raffle and bazaar license for the Artists' Association. Annual Beaux Arts Ball Fund Raiser to be held from 9 p.m. to 1 a.m. on August 7, 1982 at the Kenneth Taylor Gallery on Straight Wharf. Executive Secretary Bergman explained that MGL Chapter 271, Section 7A . contains no provision for a one-day license. He said that however, the Board may, for a fee of $10, approve application for a one-Year license for the Artists' Association, upon.receipt of the following information: Name and Address of the Applicant, Name of Three Officers of the Organization Who Shall Be Responsible for the operation of the Raffle or Bazaar, and a Statement that the Organization has been Actively Functioning in the Commonwealth for not less thah two years, and that NO Part of the Net Earnings Benefit any Member of Share- holder. Mr. Berg]nan further stated that upon receipt of this information and approval of the Board, 'said application is then referred to Town Clerk for issuance of the permit. Jack Gardner moved to approve the application with the stipulation that the things outlined by Mr.'Bergman were completed. Seconded by Don Oliver. So voted.' 3. Fireman's'Ball at'the Harbor House: Chairman Holdgate entertained a mo- tion to grant a One-day liquor license to the'Firemen's Association for the Fireman's Ball which is to' be'held at the Harbor House on March 20, 1982. So moved by Mr. Gardner. Seconded by Mr. Oliver. So voted. 4. Vendor LicenSe Request: Letter received from Steven D; Jefferson, 128 Orange Street, requesting a permit for three-wheeled push wagons from which he ~ill sell various'refreshments. Motion to d~ny the request by Mr. Grossman due to the fact that i~ i~ contrary to Board policy. Seconded' by Jack' Gardner. So voted. 5. 11 School Street Brick Sidewalk Request: Letter received from Mrs. M. W. Gieg requesting a brick sidewalk bt: installed in front of her property on 11 School Street. Motion to refer to Dep~rtment of Public Works by Jack Gardner. Seconded by Don Oliver. So voted. At this time, Mr. Grossman b~ought up the subject of having a clean-up weekend on the island. The Board decided to have "Spring Cleaning Weekend" on the weekend of April 17, 1982 with the Town providing the bags and asking the support of the citizens to help clean up the island through' the media. V OTHER BUSINESS 1. .R~m.~ at American .Legion Hall: Letter received from Town Clerk Madelyne Perry asking'the Board to direct the Department of Public Works to see that the ramp at the~Ameri~an .L~gion. Ha~l' is secure for the April 5, 1982 Town Elec- tion.'' Jack Gardner mOtioned to refer this to the Department of Public Works. Seconded by Don'Oliver. So voted. 2. Nantucket Phone Book: Mr. Oliver. suggested that whe~ the letter is writ- ten to the Telephone Company about the repairs being done exp~ditiosly, that the'Board also ask for the reinstatement of the Nantucket Telephone Book, and so moved. Seconded by Jack Gardner. The motion was carried with a unanimous vote. 3. ~puto case: Martha Walters asked what the Selectmen had done with the Caputo Case. The Board informed her that they had settled at $3,500.. She aske why. The Board explained that it was much cheaper to settle at $3,500 then pay for all the Selectmen to go to Springfield, where the trial was being held, and to pay for lawyer fees too. B0S ' March 10'~. 1982 P.ag~ 7 ' Minute~" ' 4; Dave.Champoux~. Don Oliver made a motion to.send a letter'of thanks'~o. Mr. David Champoux for all his Work, help; and involvement in the matters of the town's concern. Seconded by Bernard Grossman'. The motion was carried with a uhanimous vote. xv zx~cu~xv~ s~ss~o~ Having been'convened in open session up until this time, the Chair enter- tained a motion to go .into executive session to discuss c6ntra~ n~otiations with'DPW Superintendent Edward C.R. Walker. So moved by Selectman Oliver, secOnded by.Selectman Gardner., with Selectmen Gardner, Grossman, Oliver, and Chairman Holdgate recorded. in 'favor of themotion. The Chairman further stated that the-Board would not be reconvening-in open session afterwards. Also in'attendance in addition to the Selectmen were DPW Superintendent Edward C.R. Walker and'Executive Secretary Ke~%h: A. Bergman. There being'no further business, the meeting of 'the Board of Selectmen was adjourned at 10:45 p.m. . BOARD OF SELECTMEN kenneth W. Hol.dgate,~ Chairman baj