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Planning Board Minutes 09/09/09

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


DATE:                   September 9, 2009       

TIME:                           7:00 P.M.

PLACE:                  Town Hall Annex

ATTENDANCE:             Aldrin, Duart, Peak and Seidan
ABSENT:                 Stephenson

BILLS:                  Patricia Harris...................................$879.60
MEETING MINUTES:        As referred in the September 2, 2009 Meeting Agenda
                                2 September 2009        Deferred


7:05 PM House Business

A) Tisbury’s Web Page

Mr. Peak informed the Board that the Board of Selectmen at their last meeting expressed some concern about the Planning Board’s postings on the town’s web page, because they believed it was somewhat misleading people to believe that the reports (i.e. Municipal Assessment Study) were town endorsed projects in progress. They suggested that the Board Secretary’s access to the website should be restricted.

Mr. Peak informed the Board of Selectmen that the Board Secretary did not obtain any training to post their reports, and had basically limited her postings to the Board’s agenda and minutes. The reports were difficult to post on the website, and entrusted to Mr. Cotnoir. Mr. Cotnoir has an arrangement with Mr.  McLean (Treasurer/ Web Manager) to help the individual departments with their postings, as necessary.

Following these discussions, Mr. Peak reviewed the town’s web page and noticed that there were some issues with the site’s organization that should be revised to eliminate some of the inconsistencies.  He mentioned that he created a list for Mr. Bugbee, who appeared receptive of his recommendations.

Mr. Peak thought the Board should add a reference to the digital recording of the meeting within the minutes, and consider purchasing a copy of Selectmen’s taped meeting of September 8, 2009 as an attachment to their minutes. Board members agreed. The Board Secretary was to contact MVTV to order the DVD.

B) Town Hall Annex Relocation

Mrs. Barrow, a member of the Tisbury Waterways Inc. attended the Board of Selectmen’s meeting last evening and was concerned about the Annex personnel’s recommendation to use the Spring Building for municipal offices. She noted that it was inconsistent with the design that was approved by the National Registry of Historical Buildings, and with the intent to give the town public access and use of the building. She believed it meant that the town would have to return every dollar that was donated to renovate the building.

Discussions diverted to the annex personnel’s use of the old highway barn. Board members informed Mr. Seidman that the property was offered to the elementary school for auxiliary parking to gain the school’s support for the location of the new fire station across the street. The school claimed they needed additional parking to accommodate the student’s parents, and other visitors.  

The Board of Selectmen apparently made the offer without mentioning their proposal to others. Mr. Peak noted that in the needs assessment, the Planning Board recommended relocating the police station on the site.  He did not think it presented an issue at this time, because if did not preclude the town from utilizing the property for other municipal purposes.

Mr. Aldrin complemented Mr. Bugbee and Mr. Peak on their presentation. He thought they had covered the list of alternatives thoroughly.  

Comments followed with regards to the annex personnel’s suggestions and impressions. Most noted Mr. Barwick’s staunch opposition to the use of trailers under any term, and support for consolidating the town hall at the Spring Building.

Mr. Seidman inquired about the repercussions, if the new fire station was never built, and about using the 4 acres on Spring Street for a new town hall and fire station.~ Mr. Duart replied everything would remain the same. Mr. Peak added that the back half of the lot was being used for the wastewater treatment plant’s leaching field. The DPW was discussing the possibility of expanding the leaching field to accommodate the treatment plant’s expansion.

Mr. Seidman asked if the Board had considered the tennis courts at the end of Lake Street as a potential site for the new town hall.~ Mr. Peak replied that the property was purchased by the town for conservation purposes with state funds, and could only be used for passive recreation.

C. Lagoon Pond Association Inc.
RE: Rerouting Oak Bluff’s sewer line from County Road to Barnes Road

Mrs. Barrow indicated that she was led to believe that the Planning Board was going to discuss the possibility of participating in a committee with the Town of Oak Bluffs addressing the project’s impact on Vineyard Haven, if any.

Mr. Peak noted that he was sent a copy of Mr. Alosso’s (Oak Bluffs Wastewater Facilities Manager) response to the Lagoon Pond Association’s members present at the Oak Bluffs Wastewater Commission Meeting, with regards to extending Oak Bluff’s sewer service to the area abutting Lagoon Pond from the hospital to the fire station.  He did not know if the town was considering a joint venture at this time, and could not respond.

D. Fueling at Lake Street’s dock

Mrs. Barrow also brought up an issue she was not sure the Planning Board could address with regards to the fueling of commercial fishing boats from the boat landing on Lake Street. She mentioned that a supplier by the name of Jay was delivering fuel to four commercial fishers from the landing. She was concerned that everyone she spoke to at the state or local level did not express any concern at the activity’s potential for polluting of Lake Tashmoo or that there was anything on file to substantiate whether Jay had the necessary permits to deliver the fuel.

 She did not understand why the town was permitting the commercial activity at Lake Street when it was prohibited at all of the public docks (i.e. the boat ramp at Lagoon Pond, Owen Park and Lake Street). To her knowledge no one has verified that Jay has the necessary permits or licenses to operate the fuel delivery service, and questioned if anyone was familiar with the requirements to investigate this.

Even if the town decided to turn a “slight blind eye” to the use of the public dock by the commercial fishermen, or the operation was legitimate, she was concerned that the town was breaking with a precedent that they themselves had created to protect the pond.

Mrs. Barrow raised the issue to the Planning Board at Mr. Stephenson’s recommendation.  Mr. Peak thanked Mrs. Barrow for the update, but was not certain it was a matter the Planning Board could address. He agreed that there were issues with the activity, and felt the town had to investigate whether the use was permitted, and the appropriate use of a public amenity.

Mr. Peak inquired about the Board of Selectmen’s position on the matter. Mrs. Barrow noted that Mr. Israel recommended against taking any action, and gave the Tashmoo Management Committee two weeks to report their recommendations to the Selectmen.  

1. Melinda Loberg, Lagoon Pond Association members
RE: cc Mr. Alosso’s email

Board members were advised that the Oak Bluff’s Wastewater Commissioners held a meeting about connecting the high school and the YMCA to the sewer plant. Members of the Lagoon Pond Association recommended re-routing the service line down Barnes Road (as opposed to County Road) to connect the home sites abutting Lagoon Pond.  

The Board Secretary noted that Melinda Loberg had forwarded Mr. Alosso’s response to the Planning Board, because it suggested the need for a joint committee between the towns of Oak Bluffs and Vineyard Haven   Mr. Alosso appeared to be receptive to the suggestion, and thought that the Town of Vineyard Haven might want to participate in the discussions.
Mr. Peak recommended returning Mrs. Loberg a response thanking her for forwarding the information. If the Planning Board is offered the opportunity to get involved, they would welcome all the support and assistance the TWI and the Lagoon Pond Association has to offer.~ He suspected that all inter-town communication on potential joint ventures would begin with the Board of Selectmen.

2. Municipal Needs Assessment
RE: Revisions

Mr. Peak thought they should postpone the discussions, until Mr. Stephenson was able to participate in the discussions, since they involved his reports.~ He explained that he had asked to include the topic on the agenda to discuss the importance of making sure that the reports being distributed, presented, or posted on the web have been reviewed and accepted by the Planning Board.~ Mr. Duart concurred.

At present, Mr. Stephenson was in the possession of a revised report the Planning Board has not seen. It revised the use of the old highway barn property on Spring Street to reflect the parking lot, the Board of Selectmen offered to the elementary school.

Mr. Aldrin thought the Board should have the opportunity to review Mr. Stephenson’s latest draft for a comment and/or endorsement, so that they had an official document. Mr. Peak thought they could have an addendum for all of the revisions, so that they can easily log all of the revisions.  

At the consensus of the Board, the topic was to be included in next week’s agenda.

3. Joint Meeting with the Board of Selectmen on September 8, 2009
RE: Update

Mr. Peak reviewed his notes from the Board of Selectmen’s meeting to develop an official set of meeting minutes.  The Board commented that the notes were complete and sufficient to generate a set of minutes for their endorsement on September 16, 2009

4. Planning Board
RE: Fall Meeting Schedule

Mr. Peak suggested looking at the calendar for the remainder of the year to see what their schedule should be with the upcoming holidays.~

Mr. Seidman recommended canceling 11/25, 12/23 and 12/30/09. Board members Mr. Aldrin and Mr. Duart concurred.

Mr. Peak entertained a motion to cancel the Planning Board’s meeting of 11/25, 12/23 and 12/30/09.~ Mr. Aldrin moved the motion.~ Mr. Duart seconded the motion, which motion carried. 4/0/0

Board members were advised that they could not legally hold a meeting on November 11, 2009 because it was Veteran’s day.  Mr. Peak recommended adding the date onto next week’s agenda to discuss whether they should cancel or change the date of the Planning Board’s meeting on 11/11/09.


1. Julie Robinson Ltd.
RE: Commerical Space, Holmes Hole Road

Board members were advised that Ms. Robinson had heard about the town’s search for space in which to relocate town hall annex functions, and informed the Board about the availability of space in her building off Holmes Hole Road. Mr. Stephenson spoke to her about the space and was unclear about the extent of space that would be available for the town’s use or the rental Ms. Robinson was requesting.

Mr. Peak suggested waiting to hear from Mr. Stephenson about the specifics of his conversation with Ms. Robinson.

2. Tisbury Conservation Commission
A.      Public Hearing Notice – Diane Nordin, AP 57A05
B.      Public Hearing Notice – Yvonne C. Hines

3.  Douglas Hoehn, SB&H Inc.
RE: Sam Dunn, AP 09B19

Board members were informed that Mr. Hohen~was going to submit documentation reflecting the applicant’s proposal for a new building, when he inquired about the need for a special permit. When he was advised that the Planning Board would need information about the applicant’s proposal, he explained that Mr. Dunn was proposing a new building at the Tisbury Market Plan that would include boat storage and 2 retail spaces on the first floor, and an apartment on the second floor.~

At first impression, Mr. Peak questioned whether the applicant had sufficient parking for the proposed uses since he could not add spaces to the existing parking lot, or net land area in a districted that restricted property coverage. He also questioned whether the applicant, Mr. Dunn had obtained consideration for the additional sewer flow, when the entire lot had a sewer flow allotment.

Mr. Seidman did not understand how anyone could be allowed a construct a building in close proximity to the Lagoon. It confounded him to think that the Conservation Commission would even entertain a proposal.

Mr. Peak understood that the Conservation Commission had referred the application to the MV Commission.~He thought it important to monitor its progress through the application process, so that they could speak about their concerns with the location of the building.

Mr. Peak requested a copy of the Tisbury Market Place’s condominium documents for the board’s review. Mr. Seidman offered to provide the Board Secretary with the manager’s phone number, if needed.

4. MV Commission
RE: 4 September 2009 Extended Schedule

5. Massachusetts Municipal Association
RE: TheBeacon, September 2009

6. Thomson Reuters
RE” Zoning Bulletin, 10 August 2009

7. American Planning Association
A.      Zoning Practice, September 20099
B.      Planning Bookstore – CD-ROMs and books

8. Massachusetts Environmental Trust
RE: Conference – November 10, 2009 (Holy Cross College, Worcester, MA)

PRO FORM        9:05 P.M.               (m/s/c  4/0/0)          
Respectfully submitted;
Patricia V. Harris, Secretary

APPROVAL:       Approved and accepted as official minutes;

______________  _________________________
Date            L. Anthony Peak