Edgartown residents whose access to their properties is a narrow dirt road urged the zoning board of appeals Wednesday to decline a special permit that would allow a business to continue to operate in the neighborhood, claiming the traffic has become intolerable.
Neighbors of Atlantic Pool, which operates out of owner Tekomah Goggins’ home on Watcha Path, said at the meeting that repeated van and truck travel are detrimental to the one-lane dirt road.
“This is not six trips taken per week, this is each van making multiple trips per day in the summer,” abutter Anthony Stratakos said. “I have paid in personally over $5,000 in road maintenance in the last 15 months.”
Atlantic Pool has operated for years on Watcha Path under former building inspector Lenny Jason’s approval. In 2018, Mr. Jason allowed the storage of pool supplies in a barn on the property under an Edgartown zoning bylaw that permits tradespeople to operate out of their homes in residentially-zoned areas. But current building inspector Reade Milne determined the business better fit the definition of a use requiring special permit approval, which is “shops and storage buildings incidental to the building trades.”
After conversations with residents about how the business has grown over the years, Ms. Milne said she decided to refer the matter to the ZBA.
“The reason that I referred it to the board . . . is it just didn’t appear to fall under the by-right use anymore,” she said.
At Wednesday’s hearing, zoning board members heard comments from both sides of the issue.
Mr. Goggins’s lawyer Robert Moriarty said the business owner chose his place of residence off Watcha Path in large part because of the neighborhood’s history of allowing business to be conducted, adding that Mr. Goggins does whatever he can to keep van traffic to a minimum.
“This was an established business when he moved in there... everybody knew what he was,” Mr. Moriarty said.
But some residents of the neighborhood say the problems have become progressively worse.
“Up until around three years ago, we were able to maintain this road,” Robert Green, a 44-year resident of the neighborhood, said. “The road took a huge turn.”
Other neighbors noted they have had to dodge vans coming down the road, sometimes falling into bushes to avoid being hit.
“I literally had to pick up my 10-year-old,” abutter Jonathan Spalter said.
One resident who spoke in favor of Mr. Goggins’s business said she felt problems with the road have been overly attributed to Atlantic Pool.
“I’d hate to see them scapegoated for all the problems on this road when they really didn’t create them all,” Betsy Harrington said.
Carlos Teles, another abutter in favor of Atlantic Pool, is a fellow businessman operating a landscaping business in the neighborhood out of his home. He said he plans to move operations elsewhere in the near future.
Mr. Teles suggested that part of the problem may be a lack of expertise when it comes to maintaining Watcha Path.
“My suggestion is . . . to hire somebody who knows what to do,” he said. “It needs to be done, a better job, to deal with the road.”
For zoning board members, the issue is complicated by the prior approval given to Mr. Goggins by Mr. Jason in 2018.
“It’s really put the zoning board of appeals in a really uncomfortable position because there was really nothing done wrong here,” board member Pam Dolby said.
Board member Thomas Pierce suggested Mr. Goggins create an alternate means of access to Edgartown-Vineyard Haven Road from his property, but Mr. Moriarty noted that such a path would have to cross of a number of other properties.
Board member Robin Nash said that in spite of the prior approval, she feels Mr. Goggins use of the property is excessive.
“I think this exceeds what was intended by the bylaw,” she said. “I don’t think this is an appropriate use anymore.”
The hearing was continued to April 20. The board asked Mr. Goggins to suggest a plan to mitigate his use of the road as the board and neighbors assess changes in traffic when Mr. Teles moves his operation out of the neighborhood. Additionally, the board will seek legal counsel on the matter.
“I think we did the best we could today,” Ms. Dolby said. “There’s a lot of information here, a lot of history.”
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