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.