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HomeMy WebLinkAbout1983-12-14 BOARD OF S~.VCTMEN Minutes of the December 14, 1983 Meeting The Board of Selectmen's meeting conmenced at 7:38 after a brief meeting as the County Conm~ssioners. All members were present. Minutes of the December 9 and 12th, 1983 meeting were accepted as typed and reading waived on · - a motion from .Skip Cabot, seconded by Bud Clute, so voted. PUBLIC HEARINGS Continuation of Hearing on Seasonal All AlcohoIic Restaurant License Application: 21 Federal Street, Inc., Charles L. Walsh, Manager, 21 Federal Street: Continuation from last Wednesday night's meeting, when the Board tkbled this application for one week, pending the affirmative outcome of a variance request before the Zoning Board of Appeals. Such a decision has been handed down to permit Mr. Walsh's restaurant at 21 Federal Street, Selectmen now considering whether or not this establis. ~hment will have a seasonal liquor license. The premises are described as "entrance on Fed~al Street, exits on Federal and Oak Street; first floor entrance area, lounge, three rooms, kitchen, and restrooms; second floor hallway, two rooms and restrooms; cellar area" .... Letters read by Skip Cabot, supporting Charles Walsh's apPlication. Wayne Holmes, attorney for Charles Walsh, explained history of establishN~ht applying for seasonal liquor license, Mr. Walsh being the Principal, ownership containing Mr. Walsh and two other investors. Mr. Walsh introduced himself to Board, he feels his record speaks for itself, at this time he asked Board if they had any concerns regarding the operation ?. He explained it would be a full term family business(9 mos.): The last 3 to 4 weeks having gone through all the necessary procedures for this application, he feels has gone through all the steps for this application. He states , "need for this kind of operation flexibility, seating policy will be first ,.q~a. !ity, patrons will have wide range, later hours, (need for this in town)." Kenneth Holdgate and Jack Gardner asked questions regarding enter and seating capacity. Reference was read,, regarding Zoning Board of Appeals decision 50 plus 20 spil~over capacit~,,on second floor (maximum capacity). Zoning Board of Appeals decision ~nanimous. Wayne Holmes stating he is against moratorium, there is a need for competition and also suggests action might not be imposing a moratorium but take a harder look at other operations. He feels there are many opportunity licenses (weekend licenses) this creates no service to town, should imprqve all over performance on all licenses. Also, continuing for Charles Wals~h, he states , "procedures were stared in July'in this application, many hours through contracts, vital creditable plans. Based on past history he has a sincere plan, should be good for community, if Board chooses to impose a ne~ policy, do so after the thought". Jack Gardn?~~ states he has no thought on a moratorium for liquor licenses, problem bei[~g houses in center of downtown, 'family houses turning into businesses, hazard't0 t[raffic, parking problems. Wayne Holmes comments as this being a part of'.economic life, no other way to go. Jack Gar..dner references to Board of Ap~ 'decision on a North Water guest house, parking should be restricted Mr. Walsh conm~nts on island growth in reference to parking problems. "Massive grc~th, much larger issue for community-~ not to be decided upon on during a liquor license application." Bud Clute,.. asked· seating capacity and preliminary plan questions, told by Mr. Walsh these were preliminary plans, wrote up several weeks ago. Mr. Chairman asking for cc~ments for or against applicant ? Mr. Perelman of the Boarding House stating his reasons against this application, not enough to go around, his concern is there are enough places and that all houses in downtown will turn into restaurants. Other Conments made were, Michael Gaillar, of the Opera House stating having been in the business most of his life he had concern for Mr. Walsh not being granted this seasonal liquor license. Referencing to Mr. Perelman statement, competition is necessary, if form of moratorium exists, it will stagnate future endeavors for cc~munity. He feels competition are all pluses for this conmunity, he also feels Mr. Walsh should have this opportunity and not limit this venture. - Minutes of December 14, 1983 Continued page 2 Mr. Chairman~states ~he is not for a moratorium for either liquor licenses or taxi licenses, because when a moratorium exists it inflates and increases prices. Skip.Cakot states he does not why the word "moratorium'' is being brought up now. Bernard Grossman states he would never consent to it and it should not happen. Other citizen participation questions, how many seasonal liquor licenses does the Town have at this time ? Are you doing Mr. Walsh a favor .by granting him such a license ? Mr. Chairman states the Board is also concerned for the best interest of the town. Bernard Grossman states there is no moratorium and has the highest regard for Mr. Walsh but also has a obligation to the town in regard to changing the character ~of downtown Nantucket and protecting its character. It bothers him there might be no control on future establishments for this reason he is OPPOSED to this liquor, license application.Wayne Holmes co--ts on Mr. Grossman's comments, he feels he should review the Board's authority on granting or denying liquor license renewals. Bud Clute askes for restaurant plans, preliminiary plans ? Mr. Chairman asks for floor plans ? Mr. Walsh submits the plans (plans also submitted to Zoning Board of Appeals), engineering plans, fire codes. Mr. Chairman asks about if there are future plans for patio ? Mr. Walsh states not without a special permit before the Board of Appeals. Jack Gardner motions to deny this application for reason being congestion downtown. Mr. Chairman agrees with ccmauent adding also there is a parking problem. Seconded by Bernard Grossman, adding with regret he makes this decision. Mr. Walsh askes Mr. Gardner if Zoning Board of Appeals de cision made a difference in their decision ? Why does it not satisfy you"? Mr. Gardner states this is a separate Board with different members and does take into consideration their opinions. Mr. Gardner ~ts if there were a different location there might be a different decision, downtown just too congested. Bud Clute also denies this application. Wayne Holmes conments on downtown parking, ease rules, waive downtown parking, and Board of Appeals regarding special permits. Mr. Gardner states downtown area worse since special permits were given out. Mr. Chairman states Board of Appeals had no alternative. Mr. Walsh states t_hat parking problem isa co~,,t~nity, problem and should not be decided upon during a liquor license application. Mr. Grossman agrees that he to believes it to be a community problem. Mr. Chairman asks for vote, denying applicatio Bernard Grossman, Jack Gardner, Bud Clute with Skip Cabot abstaining. Final vote 3-0 w/ abstention. Mr. Wayne Holn~ asks to stay in meeting for next item; Mr. Chairman reads cancellation agreement~ between the Town of Nantucket and Police Chief, David W. McCormick. Board of Selectmen voted to execute cancellation agreement, then read the following statement: ~' RESIGNATION OF POLICE-CHIEF . "Chief of Poli~e D~vid' W. McCormick has today submitted, and the Board ' of Selectm~ has today accepted, his resignation from the Nantucket Police Department, effective immediately. In cancelling McCormick's employment agreement with the Town (which hhd thirteen moremonths to go), the Board has agreed to pay him the equivalent of two month's salary i.e., $5,140, in return for his waiver of any further rights or claims he may have had under that agreement. Having accepted McCormick's resignation, the Board will not be holding the public hearing scheduled for Friday morning on certain charges against him. The~ long run costs to the Tc~n -- both in terms of dollars and ~ -- of seeing the hearing process to its litigious conclusion, the desire to see this unfortunate affair behind us as soon as possible, and the need to begin a healing process in the Nantucket Police Department without delay were all factors mitigating towards the Board's decision to settle the matter in this way" o Mr. Chairman adding, this is a business~ judgement, this is in the best interest of the Town by settling rather to procede into a costly process of legal fees, etc. Acting in the best interest of the town, the acting chief of police will be Lt. Randolph Norris. Bernard Grossman moved approval, seconded by Jack Gardner, accepted as a unanimous decision.. Minutes of December 14, 1983 Continued page 3 DEPARTMENT 'REPORTS Sewer Project' AdVisory Committee: At its meeting held on Monday afternoon, the Committee voted to 'refer ~the following matters to the Board of Selectmen with favorable reconmendations : A. Relining Contract Chanqe Order No. 1: for the provision of an adequately equipped engineer's field office for the duration of the project. Total additional cost Town' s Share (estimate) $11,396.80 1,139.80 At the time this contract was originally executed, Sheaffer & Roland was using office space in the Town & County Building, which it can no longer do. Bernard Grossman stating could there be reimburs~nent for space ? from state ? Ron Mastrigiacomo stated office was at Pump Station. Mr. Chairman suggesting fire station. Donald Oliver, DPW Superintendent stated, this has been coming for a long time, Sheaffer & Roland have been put in different areas and should have established office of their own. He feels it should be granted. Bernard Grossman moved to approval, seconded by Jack Gardner, motion approved.. Adding to conments, Bud Clute stating that'Sheaffer & Roland needed no office space until offered. ~y does it have to be extra? Fred Neill of Sheaffer & Roland answering question, states, contractor pays for field office, at the tim~ town had space available, no need to be put into contract, not justified for grant eligibility. Office space available 1 Windy Lane. Bud Clute moved to approval~ seconded by Skip Cabot, so voted. Be Relining Contract Change Order No. 2: for credits from the contractor (Modern Continental) to the Town, as follows: (1) a credit of $8,000 resulting from the substituting of on-site fill materials on North Beach Street, rather than off island granular materials; (2) a credit of $20 per ton for all off-island bedding and backfill materials not required during the construction of the various gravity sewers. Both situations are based on analyses of the on-si~e materials by a qualified soils engineer. (1) To~al credit $8,000 (2) Total Credit (estimate)~$i2,440 .Bernard Grossm~a moved to approval, seconded by Bud Clute, so voted, as unanimous decision. SoUth Beach Street Sanitary Sewer: A proposal from Sheaffer & Roland to replace one hundred feet of the South Beach Street Sanitary sewer (from Sea Street to Broad) with a new 30" sewer, including dewatering, temporazY bypass pumping, and removal of the older sewer, which is adjudged to be structurally unsound. 5~nis proposal also advocates the replacement -- rather than the relining -- of the remaining 383 feet between the deteriorated 100' section and new 30" trunk sewer that begins on Broad Street. New 30" sewer Credit for elimination of relining 383' Total Additional Cost $75,000 -13;332 $61,688 The total local share for this work, including grant eligible trench width paving, would be $24,068.80. Bud Clute conmented on 1927 sewers, same thing happening now, town badly needs replacment. Bernard Grossman asking notifying abutters. Fred Neill conmenting he will be wor .k.ing on this matter. Ron Mastrigiacomo adding, materials will be here as fast as possible. Skip Cabot moved to approval, seconded by Bud Clute, so voted. Change Order will be prepared. Minutes of December 14, 1983 Continued p~ge 4 D. Curbstone and Brick 'Sidewalk Extras: Another proposal from Sheaffer & Roland for the installation of approximately. 2,260 linear ~ '.. feet~of granite curbstone and 1,256 square yards of brick sidewalk along the route of the new North Beach Street sanitary and storm sewers. The Ounnittee reconmends that ~he granite-curbs be substituted for the Cape Cod modified berm and bituminous concrete sidewalk along this route at a net additional cost of $2,000 for Modern Contin~ntal's contract; and, further, that the brick sidewalks be procured by another funding mechanism. (estimated cost: $94,200). Jack Gardner ~ting on forms in concrete , instead of granite curbing. Ron Mastrigiacomo stating he does not reconm~nd this. Bud Clute adds, this would be $2,000 more. Bud Clute asking if granite curbing is better ? Donald Oliver states this process would be a great expense. Jack Gardner asks price wise, if forms, are less inexpenSive ? Donald Oliver answers concrete, nore by form. Bernard Grossman moved to approval, Bud Clute seconded, inserted article with motion, moved to approval, Bud Clute, seconded by Skip Cabot, the following amendmmnt; Sheaffer & Roland submit written pledges frc~ abutters to pay for 50% of costs of brick sidewalk, so that a warrant article may be Submitted. at the 1984 Annual Town Meeting. 'Town Counsel: Survey. of WauwinetEasement: Surveyor Michael Ba~, through Town Counsel, is proposing to Board to prepare a Land Court, quality plan of the Wauwinet easement for a fee of $5,000, involving 27 individual-properties across some 3/5 of a mileinWauwinet. Jack Gardner asks. if this will go through the Conover propety, and rights of road. Bernard Grossman would like verified rights to road. Jack Gardner moved to approval, Bernard Grossman seconded, with approval subject to inclusion of Conover property. Lily Pond Drain/Relief Storm Sewer: Donald Oliver adding to prior roblems regarding South Beach Street drainage. Fred Neill states attention mustbe given to evaluating storm sewers, 30" storm sewers through a economic point of view, and go ahead with relieve storm sewers. Discussion had beenmade for proposal for.relieve storm sewers on South Beach Street with sanitary sewers. Fred Neill ~ts. on new sewers across Nantucket Yacht Club (30" and 24") sewers. Sewer Advisory Committee's recon~endation to be submitted to Board. Bernard Grossman asks.regarding butterfly valve~-~ Fred'~eill states there have beenmany.discussions regarding this matter. Bud Clute ~ts that this would have to muchmaintenance tin~. Donald Oliver states he is not opposed to this, through the TV film and with proposals submitted this is his-reason for it. Fred Neill states he would need change order. Bud Clute moved to approval. Donald Oliver asks regarding drainage for roadways. Re~dation on budget to Finance Co~ttee ? Continuation of road work ? Bernard Grossman asks are there certain state funds for downtown improvements ? Fred Neill answers hew ill check withBillKlein, Planning Director to investigate this matter. Bud Clutemovedto approval, Jack Gardner seconded motion to approve additional'plan-for a "relief" storm sewer & connect LilyPonddrain and surroundi.'ng dra/ns for $82,000; direct that the appropriate change order be prepared. OFFICIAL Appointment of Nantucket Housing Authority Interim 'Members: Last week the. Board voted to.invite applications for four interim appointments to the newly-reactivated Nantucket Housing Authority. These individuals would serve until the qualification of their successors, who will be eleCted at the 1984 Annual Town Meeting. A fifth local housing authority mmmber will be appointed by the Conmonwealth's Department of Co~nunity Affairs, whom would be notified of the other appointments. Eight applications were received for consideration of appointment, plus one consideration with no application (Kathy Rushford). Mr. Cha/rman asked Ms.~ Rushford for a brief history of herself. Following this Keith Bergman, Executive Secret_~ry wrote names of applicant on board. Bernard Grossman suggested to vote by closed ballot. Jack Gardner stated he 'did not think this is legal and should not be done. Jack Gardner moved to table applications for one week. Skip Cabot denied suggestion. Skip Cabot and Mr. Chairman suggested to go ahead with applications and vote. Voting started with: Skip Cabot voted for: Joanne Holdgate(state), Jane Janiak, AugustoRamos, Elizabeth Holdgate, Richard Snyder. Bud Clute voted: Richard Snyder, William Sherman, Elizabeth Holdgate, Kenneth Holdga.te voted: JoAnne Hq%dgate, Augusto Ramos, Elizabeth Holdgate, Kathy Rushford, Jack Gardnervot.e~{ Joanne Holdgate Minutes of December 14, 1983 Continued page 5 Elizabeth ~oldgate, Dorothy McGarvey, William Sherman, Bernard Grossman voted, Joanne. Holdgate, Augusto RanDs, Harold Kellogg, Elizabeth Holdgate. Jack Gardner suggests Joanne Holdgate should be appointed to state appointment Bud Clute adds to send letter to state authority re~ding her for this position. Keith Bergman states he has already prepared letter in anticipation of this appointment. Jack Gardner suggests to vote off tie ? Jack Gardner votes, Richard Snyder, Bernard Grossman votes,~'Harold Kellogg, Bud Clute votes, Richard Snyder, Skip Cabot votes, William Sherman, Kenneth Holdgate votes Kathy Rushford. Final Vote: 'Joanne Holdgate, Augusto Ramos, Elizabeth Holdgate, Richard Snyder for interim appointn~nts fo~ Nantucket Housing AUthority. Jack Gardner suggests voting on alternate member ? Bernard Grossman conments, Executive Secretary should look into legalities, Bud Clute suggests. · other applicants be limited for alternate positions. Bud Clute n~ved to approval, Skip Cabot seconded motion. Police Resiqnation: Officer Katherine E. Fouqere: The Board is in receipt of a resignation from Officer Katherine E. Fougere, effective January 4, 1984. With accrued vacation and compensatory time, Monday was her last day on the job. Last Friday the Board referred to Lieutenant Randy Norris, NPD, certain charge against Officer Fougere for internal disposition, which Lt. Norris reports as follows: "I have further investigated this matter and have produced an Officer (David VienS) who was present and witnessed the completion of Officer Fougere's report on Tuesday, November 29, 1983 concerning an Assault and Battery. As this report was completed prior to Mr. Holmes complaint of Thursday, December 1, 1983, I find that no disciplinary action should be taken against Officer Fougere. I believe this unfortunate situation' occured because of a lack of communication between the Chief and Officer Fougere". Bud Clute moved to approval, Bernard Grossman adds with regret this will be accepted, Bud Clute moved to approval, seconded by Jack Gardner. Police .AppOintments-.' 'Req~lar part-time Patrolmen: Reccnm%=_ndations from Lieutenant Randy Norris, NPD, that the following individuals be appointed as regular part-time ("special") patrolmmm, to help fill in on Police Departn~ shifts: Peter Burdick, Appleton Road David Gray, Fairgrounds Road Richard Harnish, West Chester Street Byran King, Nobska Way Skip Cabot moved to approval, Bernard Grossman suggests physical examinations be given prior to appointment. Unanimous vote.. Nantucket Islands Land Bank Act: The Board is delighted to acknowledge the final enactment last Friday by both the Massachusetts House and Senate of the act establishing the. Nantucket Islands Land Bank. Legislation is' scheduled to be signed into law by Governor Michael S. Dukakis later this week. Mr. Chairman states no'time has been set as. of yet, letters of thanks should be s~ent .to appropriate people. Keith Bergman, Executive Secretary, has list of people t~hat will be sent letters. Included in those letters, will be William Klein, Planning Director. Bernard Grossman moved to approval, seconded by Bud Clute. OTHER BUSINESS Mr. Chairman would like to acknowledge thanks to Steven Sheppard, Inquirer & Mirror reporter for testifying for town in liquor license violation Letter of appreciation should be sent to Nantucket Cottage Hospital for hedge cutting. () 1983 Meeting. ~ Minutes Of December 14, continued page 6 "OTHER BUsINESs ' (cont' d) R°n Thompson of vanaSse/Hangen discussed ROadway 'ContraC~S.~ Donald Oliver will be in attendance for pre-construction conference.~ Completed contract-and documents ready for signatures.~ Bern. ard Grossman states for point of information regarding abutted non-aCceptable paved roads which are deteriorating. Ron Thu,pson states' drainage'will be intercepted. AbUtters force to abstain it ? This is a future wrong of development. Bud Clute adds that Planning Board should investigate this matter. Jack Gardner asks regarding Mariano work ? Ron Thompson states contract "A" will be finished by cor~nitment of contract (April). Mr. Thompson also~ · introduced resident engineer, who will'be on island with himself. Jack. Gardner asked regarding North water Street, will resident engineer inspe¢ this road ? Ron Thc~pson 'said he will lOOk at with engineer. Donald Oliver, DPW Superintendent asks regarding patching contract ? Ron Thompson states engineer will help Office. Vanasse/Hangen move in with Sheaffer & Roland offices, Fred Neill not opposed to this, matter will discussed.._ .Bernard Grossman ~ts on Massachusetts MuniciPal Association's Meeting, eleCtricity cost ? Town Accountant estimates $270,000 will be. spent for municipal use ? Executive Secretary motions to' investigate u~tiza~io~. of fuel· oil, water' conservation. Berg no further business before the Board, Bud Clute moved adjourn, seconded by Jack Gardner, so voted. Meeting adjourned at 9:00 p.m.