ZBA Hears Neighbor Complaints Over Business Traffic

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.

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.”

Comments

Submitted by Anonymous (not verified) on Thu, 02/24/2022 - 21:39

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Bob Edgartown

This is a problem all over the island with encroachment and stretching of commercial use in residential neighborhoods. We just do not have enough commercial space for them all and it is a hardship but the residential use should prevail. I look forward to speaking out against this expansion at the next public hearing. I am not an abutter but I have experienced similar problems and it needs to stop.

edward spalding North Plam Beach / Edgartown

You are exactly correct. These businesses that keep growing into the neighbors yards are obviously profitable and need to relocate. If they the owners have to take a pay cut to finance the purchase/lease of another location, well that's business in the US. Furthermore if they were smart enough to make a profit to expand the business over the years they were / should have been one aware of the issue and two smart enough to develop a plan to address the issue. It didn't just pop-up yesterday. I will also say there isn't a person alive in this country short of the very lowest income levels [and that excludes just about everybody on the Vineyard] who couldn't cut 10% out of their spending and be no the worse for it.

its not like they would not

Submitted by Anonymous (not verified) on Fri, 02/25/2022 - 12:43

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Jon Katama

What’s the difference between all the construction workers and landscapers driving down roads to build houses all day everyday? Everyone lives next to someone building a house or that has landscapers constantly driving down roads destroying them. Although they don’t actually own the business they might as well with all the traffic from their workers! There is a bigger issue than a neighbor trying to run a business. Doesn’t seem right to come down on one person.

Submitted by Anonymous (not verified) on Sat, 02/26/2022 - 07:18

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Marie Edgartown

Surprises me there isn’t a limit to the size of business or number of employees at one location. I can understand a hairdresser or therapist setting up business in neighborhood as long as they don’t have added employees. Pools have become popular, therefore, I am sure Atlantic Pool has increased his work force since Lenny’s approval. Time for an adjustment to the laws and for Atlantic to move to the Business Park. Edgartown, time to change and protect neighborhoods. Thank you

Submitted by Anonymous (not verified) on Sat, 02/26/2022 - 15:31

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Anonymous Edgartown

There is a limit in the residential R120 and RA120 zoning laws limiting home businesses to two vehicles and four employees. These businesses are far larger and do not belong in a residential area for many reasons. If this special permit application is approved it will set a dangerous precedent for residential zoning.

Submitted by Anonymous (not verified) on Sun, 02/27/2022 - 11:55

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Mark Acker VH

This is common problem, as the Island grows. In any event, any neighbor never has the right to disturb another neighbor with any commercial type noise and excess traffic. Home based businesses are designed for no employees, and no excess commercial noise. I hope the BOA of Edgartown recognizes that a homeowner's quiet enjoyment of their property, exceeds any private commercial needs of any neighbor.

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