Over some neighbors’ objections, Atlantic Pool, an Edgartown-based pool construction and service business, will be allowed to continue operating out of owner Tekomah Goggins’s home on Watcha Path, after the Edgartown Zoning Board of Appeals approved a special permit for the business Wednesday.
Atlantic Pool first came before the zoning board in February, after building inspector Reade Milne found the business to require a special permit for a small-scale business in a residential district under Edgartown’s zoning bylaws.
Neighbors of Mr. Goggins, represented by attorney Dylan Sanders, spoke out against the business Wednesday, arguing as many did in February that van traffic stemming from Atlantic Pool has damaged Watcha Path, a narrow dirt road.
“He’s grown to a very large commercial business,” abutter Daniel Stiles said.
Jonathan Spalter, another abutter, said Mr. Goggins’s operations on Watcha Path are damaging to the character of the neighborhood.
“It’s a shame that we have to have this conversation, but this is not spilled milk,” he said.
Mr. Goggins was given a permit by former building inspector Lenny Jason in 2018, allowing him to operate his business by right under Edgartown zoning bylaws that allows tradespeople to operate out of their homes in residentially-zoned areas. Mr. Goggins’ lawyer Robert Moriarty said Mr. Goggins was transparent from the time he purchased his property on Watcha Path that he intended to operate his business out of the residence. Mr. Goggins was present at the meeting, but did not comment.
“He’s been completely transparent, completely above board,” Mr. Moriarty said. “He hasn’t tried to hide the ball from the town.”
Milne said that of the three businesses owners that operate within the Watcha Path neighborhood, Mr. Goggins was the only one who followed town protocols and applied for a special permit when asked. She said the town has filed cease and desist orders against Carlos Teles of Teles Landscaping and Christopher Miller of Miller Professionals for their extensive operations in the neighborhood.
“I think it’s important to take that into consideration,” Ms. Milne said.
Mr. Moriarty said Mr. Goggins would agree to limiting his operations to six round trips per day from the property on Watcha path and two large-scale deliveries per month and agreed to pay a third of the cost of maintaining the dirt road.
“We’re not guaranteeing six trips,” Mr. Moriarty said. “We’re limiting to a maximum of six trips.”
Zoning board members cited Mr. Goggins’s previously existing permit from the former building inspector in their discussion before approving the special permit. Members also noted that Mr. Goggins’s continued operations had no impact on further decisions regarding other businesses.
“There’s a lot going on down that road,” member Thomas Pierce said. “Tekomah’s getting a lot of eyes because of other things going on that road.”
However, he added that he does respect the concerns of Mr. Goggins’s neighbors.
“[Mr. Goggins] is willing to work with us, and I understand the neighbors’ point, but I don’t know how we can tell him he can’t run his business,” Pierce said.
The board ultimately approved the special permit for Atlantic Pool, limiting operations to six trips per day and two deliveries per month, alongside the promise to pay for road maintenance. The board will review Mr. Goggins’s business in the fall of 2023, after the dust settles on cease and desist against other businesses in the neighborhood.
“This seems like a reasonable compromise to me,” said board member Robin Bray.
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