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Planning Board Minutes 06/10/09

P.O. BOX 602
(508) 696-4270


DATE:                   June 10, 2009   

TIME:                   7:07 P.M.

PLACE:                  Town Hall Annex

ATTENDANCE:     Duart, Peak and Stephenson

BILLS:  Patricia Harris...................................$879.60
        Vineyard Gazette………………..$  94.00
MEETING MINUTES:        As referred in the June 3, 2009 Meeting Agenda
18 March 2009, 25 March 2009, 14 April 2009,
15 April 2009, 29 April 2009, 6 May 2009,
13 May 2009, 27 May 2009 and 3 June 2009 - AVAILABLE    

7:15 PM Tom McCurdy – Used Car and Truck Dealership, AP 10B01, 45 Beach Rd

Mr. McCurdy was asked to summarize his proposal for Mr. Duart’s benefit, and began his presentation stating that he has owned and operated the only used car and truck dealership in Vineyard Haven at 45 Beach Road since 2002. The property owner, Mr. Packer had sold property to the marina across the street, with the stipulation that he is allowed to stay there until he had the opportunity to relocate his business.

Mr. Packer has since offered to relocate Mr. McCurdy’s dealership at 199 Beach Road~in the parking area that was currently being used by R.M. Packer company’s employees. The area was pinpointed on Mr. Packer’s site plan somewhere between Winds Up and Mr. Packer’s garage.  
Mr. McCurdy mentioned that he normally did not require a large inventory of vehicles, because his car dealership offered a car finding service for the island and seasonal customers. The few cars he displayed served to create a presence on Beach Road. The new property owners have just asked him to reduce his stock (10 cars) down to four
Vehicles, so that he was forced to store a couple of the cars at his office across the street at Tisbury Wharf, and at his house until he relocated his business.  He advised the Board that the dealership did not generate much foot or vehicular traffic and did not anticipate any changes in the new location at 199 Beach Road.
Mr. Duart inquired about the proposed location of the dealership relative to the Waterfront Commercial District’s management areas on the site plan. Mr. Peak noted that Mr. McCurdy was proposing to park the cars by the concrete blocks within the Waterside Management Area.~ ~Mr. Duart inquired about the applicant’s current location.~  Mr. Peak replied that the cars were within the Commercial Management Area of the Waterfront Commercial District.
Mr. Peak indicated that he had discussed the matter with the Zoning Code Enforcement Officer, Mr. Barwick who agreed that the regulations as written restricted parking to a certain percentage of the lot area, and allowed parking only as an associated use to a legitimate~use. As he’s mentioned in the past, the bylaws did not include any language to give the Planning Board the ability to grant an applicant any relief from the restrictions.  
Mr. Peak did however see two potential options for Mr. McCurdy. He thought of asking Mr. Packer if he would consider leasing Mr. McCurdy space right up against the shipyard building where he had a dumpster (or roll-offs), because it would allow Mr. McCurdy to stage the cars in the Commercial Management Area.~The second option, one he still wanted to discuss with Mr. Barwick was a matter of interpretation. He wanted to ask if they could consider the cars an accessory use to Mr. McCurdy’s office at Tisbury Wharf, even if they were parked across the street, given that the same individual owned both properties.
Mr. Peak inquired if Mr. McCurdy would consider pursuing the first option with Mr. Packer.  Mr. McCurdy replied in the affirmative. Mr. Duart believed it was the easiest solution.  Mr. McCurdy understood and thanked the Board.
7:30 PM ~Peter C. Marzbanian, Builder and General Contractor Re: Lagoon Dental, AP 09B06
Mr. Peak distributed photocopied portions of the property owner’s plot plan and photographs of the north and north east elevations of the building with a hand sketched depiction of the utility structure that was proposed for construction.

Mr. Peak informed the Board that Mr. Marzbanian had met with the Site Plan Review Board earlier in the evening and learned that the applicant was proposing to add a 6’X12’ structure to the rear of the building just below the existing 2nd floor deck to replace the heating equipment that was presently located underneath the building in the crawl space.

The plumber recommended relocating the heating equipment in an alternate location because he believed the crawl space was inadequate, and detrimental to the equipment. Their solution was to create an enclosure under the existing 2nd floor deck, below the level of the existing windows to accommodate the heating unit.

Mr. Peak indicated that he had invited Mr. Marzbanian to the Planning Board’s meeting tonight, because he wanted to ask the Board if the 6’X12’ structure would require a special permit.  Mr. Marzbanian commented that the structure could never be used as habitable space.

Mr. Peak did not think the structure would require a special permit because it was within the footprint of the building, if you included the deck.  He did not believe the improvement qualified as a structural change to the building, or a substantial extension to the building. Given that it did not qualify as a total reconstruction of the building, there was no reason to require a special permit.  Mr. Duart and Mr. Stephenson concurred.

Mr. Peak entertained the following motion, “The Planning Board therefore agrees that the proposal is an insufficient change to require a special permit under section 06.06.03”. Mr. Duart so moved. Mr. Stephenson seconded the motion, which motion carried.   3/0/0
1.  Owen Little Way

Mr. Peak thought the Board’s meeting on June 3, 2009 went very well. He observed that there were five or six specific points that came up during the discussions. He wanted to follow up on the points, and begin discussing the next step for each one so that they could draft a memo to disseminate to the Board of Selectmen, DPW, Conservation Commission, the Vineyard Haven Yacht Club, Harbor Master, Harbor Management Commission, etc.

Mr. Duart referred to Mr. LaPiana’s comments in the minutes of June 3, 2009, and noted that Mr. LaPiana was instructed by the Board of Selectmen to move the parking sign on Owen Little Way down 70 ft. over a year ago. He attended the meeting where Mr. LaPiana was given his work orders.

Mr. Stephenson was upset that there were many things that the Town did not follow through on after their last meeting in 2007, which was brought to their attention at the onset of the discussions.  Mr. Peak noted that it was the public’s first comment to the Board.

Mr. Stephenson thought he heard the public say that they wanted to keep the scale of the beach small because they did not what the character of the neighborhood to change All agreed there was a public safety issue that had to be addressed. He thought past recommendations to cut down or relocate the hedges could be implemented immediately since they created a safety hazard. It was the impression he was given at the time they were discussed. He was therefore somewhat confused at the issues Mr. LaPiana raised at the meeting explaining why they could not be implemented.  

Mr. Stephenson thought it was all the more important for people to understand that they only need a safe landing for a crosswalk. It ameliorated some of the concerns expressed at the mention of having a paved sidewalk leading to the beach. It was his opinion that the Town did not have a viable reason not to follow through with the hedges, the mailbox or the parking sign (No Parking to Corner). It was his additional impression that they should add a sign in the parking lot as recommended, notifying everyone that the parking spaces were for the public beach and close off the opening in the gate to stop club members from using the shortcut to the clubhouse.

Mr. Stephenson thought they should also add to the list the need to delineate the town’s property lines on the beach for the bathers. It was important to make the bathers feel welcomed.

Mr. Peak recommended returning to the five (5) specific points they should follow through:

1) Dangerous intersection at Main Street  and Owen Little Way

Mr. Peak thought they should ask Mr. LaPiana to add the sign prohibiting parking to the corner, and to ask the Board of Selectmen for allow the DPW to move the sign to curtail parking further down the road.  

Mr. Duart reminded the Board that he attended the Board of Selectmen’s meeting where the Board of Selectmen instructed Mr. LaPiana to move the No Parking the 70 ft.  Mr. Peak suggested securing a copy of the Board of Selectmen’s minutes reflecting these discussions.

Mr. Peak noted that Mr. Israel offered to ask the Board of Selectmen to hold a public hearing to add a Stop sign at intersection on Main Street, and to maintain contact with them to make sure the meeting is held. He thought they should ask the Selectmen to place signage on Main Street to get motorists to slow down (i.e. cutout cardboard of a policeman, etc.).

Mr. Peak believed they could contact the two properties owners to solicit their cooperation to see if they were willing to cut back or relocate the hedges to improve the sight lines. Board members agreed. On a long-term basis they should explore the public safety authority.

Mr. Stephenson informed the Board that there was a question whether the crosswalk should be on the north or south side of the street.

2) Crosswalks

Mr. Peak thought they should research the state requirements for a crosswalk and landing. He noted that it dovetailed with the topic of short sight lines, explaining that in moving back the hedges, they will improve the sight lines and increase the land area for the landing.

3) Parking and Parking Regulations

Mr. Peak noted that they meant the area down the street. Mr. Duart concurred, mentioning that they were thinking about the enforcement of parking regulations. Mr. Stephenson did not recall anyone expressed an interest in expanding the parking area. Mr. Peak heard Mrs. Stephenson inquired about the possibility. Mr. Stephenson thought they could, but questioned whether they really wanted to theoretically.

Mr. Peak thought they could move the parking a bit to the side to add a wooden enclosure with a couple of portable potties, then add a fence that ran down to the water’s edge, and place a sign limiting parking to four (4) hours. If parking continued to be problem, then in the long run the town could allow residents limited parking rights on a portion of the street to avoid any issues.

4) Clearly defined boundary lines distinguishing the town’s beach from the yacht club’s beach~  

Mr. Stephenson was not recommending a permanent marker. Mr. Peak agreed.
Other discussions followed, and Mr. Peak mentioned that he heard the Yacht Club’s Board of Directors was holding a meeting the latter part of June or the first week in July. He asked the Board Secretary to see if she could arrange an appointment for the Planning Board.

In a conversation with Melinda Loberg, Mr. Stephenson reports the subject of a liaison was brought up in a conversation with Melinda Loberg, who recommended Polly Brown. Ms Brown is both a year round resident and yacht club member. Board members thought it was a subject they should discuss with the Board of Directors.

Mr. Stephenson did not think he could take on any more projects at this time, and thought the Planning Board had to appoint someone to spearhead this project. The person had to have the time, patience and commitment to keep the project moving forward and keeping everyone involved (i.e. Planning Board, the Board of Selectmen, the DPW) in tow.
Mr. Peak recommended having the board secretary contact Judith Federowicz to inquire about the yacht club’s next board meeting, scheduling an appointment for the Board, and about the idea of having a liaison from the yacht club.

Mr. Peak informed the Board that he had contacted the Conservation Commission’s administrative secretary to schedule an appointment with them to ask if they needed a permit to nourish the beach, and all of the details pertaining to the permitting process. He explained that it was important to verify any and all information impacting their proposals with the appropriate authorities.  ~~Mr. Peak also volunteered to contact the traffic planner at the MV Commission about the state’s regulations for installing new stop signs, and crosswalks.

Mr. Peak thought he had sufficient information to draft an outline enumerating the points that were just discussed along with the long and short-term recommendations. He offered to have the draft available for next week’s meeting, so that they could disseminate the memo to the Board of Selectmen, the DPW, and all of the individuals attending the meeting.   He advised the Board that he was going to ask the Board Secretary to create a list with the attendees’ addresses and phone numbers.

Mr. Stephenson advised the Board that there was another element to the project that they needed to add to the list. It was a budget to cover the costs for surveys, etc.  Mr. Peak believed the Planning Board had funds within their budget to cover these costs, and was going to ask the Board Secretary to confirm this.  Mr. Stephenson thought they could also approach the Board of Selectmen for financial assistance.  Mr. Peak noted that they could also ask the Finance & Advisory Committee for supplement funds.

2. Town Hall Annex

Mr. Stephenson reported the more salient details of his meeting with the Tisbury Water Works Commissioners and Mr. LaPiana. He noted that the Commissioners were advised of the Planning Board’s proposal for a new municipal building by the standpipe, and their questions with regards to the location, and land area needed for the structure.

The Commissioners graciously accepted the plans the Emergency Services Facility consultants developed for the ESF Committee at the time they were considering a site for the new fire station on High Point Lane to give to their engineers. The plans included information pertaining to the site they were considering for the new building.  The Commissioners agreed to respond to their inquiries within a reasonable time.

At Mr. Stephenson’s recommendation, the Board members agreed to give the Water Department until their next meeting date (i.e. July 1, 2009) to respond.  Mr. Duart believed the Board should prepare with Plan B, just in case they came to the conclusion that there was not sufficient space.  

Mr. Stephenson was concerned that no one was giving this issue any thought, when it was an integral part of the plan to build the fire station at the annex site. Mr. Peak recommended establishing a subcommittee to assist the Planning Board, and consider having a representative from the DPW, the Water Department, the Planning Board, the Board of Selectmen, the school building committee, and one member of the public at large. Mr. Stephenson thought that was a good suggestion, but questioned Mr. Peak’s recommendation for the member at large from the public.


1.  Edwin Reade
RE: Planning Board’s Meeting on 6/3/09

Mr. Peak read Mr. Reade’s letter into the record of the minutes, and recommended adding Mr. Reade’s recommendation for a blinking 20 mph sign in lieu of a stop sign on Main Street

2. Mr. John P. Corrado
RE: Owen Little Way

Mr. Peak read Mr. Corrado’s letter in its entirety into the record of the minutes. Mr. Peak thought they should sent Mr. Corrado a copy of their minutes and power point presentation in response to his letter.

3.  MV Commission
A.      MVC Island Plan Newsletter
B.      5 June 2009 Extended Schedule
C.      11 June 2009 Meeting Agenda

4. Patrick J. Donovan
RE: Morse Lane Subdivision – Development Schedule and Road Agreement

5. Christopher Alley, SB& H Inc.
RE: Proposed Bylaw Amendment (04.03.08 – Guest House)

6. Tisbury Zoning Board of Appeals
A.      Special Permit #1168 – Allan Sampson, AP 37A14.3
B.      Special Permit #1173 – Main Street Sweets, AP 8C7.2

7. American Planning Association
RE:  Planning, June 2009

PRO FORM        Meeting opened, conducted and closed in due form at  9:00 P.M.          (m/s/c  3/0/0)          
Respectfully submitted;
Patricia V. Harris, Secretary

APPROVAL:       Approved and accepted as official minutes;

______________  _________________________
Date                    L. Anthony Peak