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Planning Board Minutes 01/13/2010

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


DATE:                   January 13, 2010        

TIME:                           7:05 P.M.

PLACE:                  Town Hall Annex

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

BILLS:                  Patricia Harris...................................$879.60
                                MV Times………………………….$ 58.00
MEETING MINUTES:        As referred in the January 5, 2010 Meeting Agenda
                                16 December 2009        Deferred
 5 January 2010        Deferred


7:10 PM House Business

Mr. Stephenson reported attending the Board of Selectmen’s meeting on January 12, 2010 to hear discussions about the Town Hall Annex personnel’s relocation. The Town Administrator reported that the bids for the doublewide trailers had gone out as planned and were due on January 15, 2010 at 4:30 PM.  He believed the Board of Selectmen might award the bid that day or at a special meeting on January 19, 2010.

Mr. Bugbee also noted that he had been meeting with the Annex personnel to coordinate the transition.  The Board Secretary informed the board that Mr. Bugbee had met with Mr. Pachico and Mr. Barwick about the site, site preparation, and wastewater connection. Mr. Pachico apparently met with a local contractor to discuss the details of the site preparation to be used for the bids.

Mr. Barwick has been working with Mr. Hoehn to get a site plan for the area to make sure the trailers met the setback requirements from the proposed connector road.

Mr. Stephenson indicated that the Board of Selectmen wanted the Town Hall Annex offices fully functional in their new location by March 1, 2010, so that they could break ground for the new fire station no later than the end of March.

7:15 PM     Public Hearing (Cont):  Proposed Amendment of Tisbury Zoning Bylaw S.04.03.13, Accessory Apartment – Attendance: None

The continuation of the public hearing was opened at 7:16 PM. Planning Board Co-Chairman, Mr. Stephenson noted that the petitioner, Mr. Kristal had emailed the office to notify the Board that he was unable to attend the meeting because he was en route to Arizona.

Board members were further advised that Mr. Peak, Planning Board Co-Chairman also called to report his absence. Mr. Peak had called to inform the Board that he was not feeling well.

Given that the hearing was continued at Mr. Peak’s request because of the questions he regarding the revisions, Mr. Stephenson recommended continuing the discussions on January 20, 2010 at 7:15 PM.  Mr. Duart so moved.  Mr. Aldrin seconded the motion, which motion carried.  4/0/0

The Planning Board resumed their regularly scheduled meeting at 7:19 PM.

1. Owen Little Way
RE: Warrant Article

Mr. Stephenson reported that he had informed the Selectmen of the Planning Board’s article recommending an agreement for the use of the Vineyard Haven Yacht Club’s beach in exchange for the use of the beach access at Owen Little Way.  

While the Selectmen did not object to the Board’s article, they expressed some concern over the project’s potential legal fees. The Selectmen recommended amending the warrant article to include a dollar amount to cover town counsel’s costs. Mr. Bugbee was instructed to call the board secretary with the dollar amount.

Mr. Stephenson read the revised warrant article into the minutes that included a request for funds in the amount of $5000.00.  Mr. Aldrin thought the article should clarify to the town voter that the exchange in use of the beaches did not involve any funds. Mr. Seidman suggested adding language stating that the transaction did not involve any monetary remuneration.

Board members were also informed that the Department of Public Works was submitting an article for the design and reconstruction of the outfall pipe at Owen little Way, so that it would function as a swimming pier.

Mr. Aldrin inquired about the beach access’ nourishment. Mrs. Loberg replied that  ConCom recently endorsed Mr. LaPiana and the Harbormaster’s application to relocate the sand that collected at Owen Park.  It was a maintenance project they did every year, and of which Owen Little Way could be added to the list.  She understood they had 12 truckloads of sand to disperse this year.

Mrs. Loberg also noted that the Tisbury Waterways Inc. had discussed with the Board of Selectmen about improving the parking area, in which they would pay for the design and the construction of the landscape improvements, which included the County’s property. During those discussions, Mr. Kristal thought the Town should consider taking title to the property.


1. Douglas R. Hoehn, PLS – SB&H Inc.
RE:  Requesting a release from Rhonda Backus’ Form F Covenant

Board members were advised that the applicant was asking the Board to release her from the Form F Covenant having submitted correspondence from The Tisbury Water Works, Russell & Son Excavation and Geoghan Coogan.

The correspondence confirmed that the applicant had a water line and fire hydrant installed, and a gutter drain, collection pit and driveway installed as required. The applicant’s attorney, Mr. Coogan submitted a recorded document confirming the establishment of a road association

On confirming that the documents completed the submittal requirements listed in the conditions and restrictions of the applicant’s decision, Mr. Stephenson entertained a motion finding the applicant in compliance with the Conditions and Restrictions of July 2, 2008 Decision for Rhonda Backus with the submittal of the aforementioned documents. Having satisfied the requirements, the Planning Board released its interests in the Form F Covenant to allow the applicant to develop lots 1A, 1B and 2A. Mr. Aldrin so moved.  Mr. Duart seconded the motion, which motion carried.  4/0/0

2. Powers Electric
RE: Ferro Subdivision - Verification of installation of power

3. Combined Town Hall
A.      Email by Jeff Kristal
B.      Memo from Aase Jones regarding Selectmen’s vote requesting Planning Board’s assistance
Mr. Stephenson thought the emails were somewhat curious, in that they did not provide any insight into the Selectmen’s sudden interest in the existing fire station as a potential site to consolidate the Town Hall Annex and Town Hall functions.  He would liked to have known if the Board of Selectmen considered other sites.

Mr. Stephenson noted that the site presented a few issues. They had to study the condition of the subsurface to determine whether it was suitable for the proposed use, had sufficient parking area, and whether they could have the service road.

Mr. Aldrin thought the clay courtyard was the best place for a consolidated town hall, but doubted that the town would support the recommendation. If the town found the existing fire station site much more acceptable, they had to move forward on the proposal and consider asking the town voters to designate the site for the new consolidated town hall.

Mr. Stephenson thought they had to be careful about the building itself, because they had to have a building that could accommodate all town functions, which included meeting rooms and conference rooms.

Mr. Duart thought the fire station presented a better site for the new town hall. Mr. Seidman agreed, noting that it was in a much more convenient location.

Additional discussions followed, but all agreed that it was best to look into all potential sites before they made a recommendation.

4. Town Hall Annex Relocation
RE: David Doneski’s email to J. Bugbee regarding Mr. Stephenson’s memo

5.West Tisbury Planning Board
RE: Zoning Bylaw (2) – allow turbines by special permit and prohibit heliports

6. Martha’s Vineyard Commission
A.      8 January 2010 Extended Schedule
B.      Sample Subdivision Fees
C.      14 January 2010 Public Meeting re: Wind Energy Siting Plan for Dukes County
D.      Wind Energy Siting Plan for Dukes County
E.      Wind Energy Siting Plan for Dukes County – V.1 Background and Possible Approaches Maps (1/11/10)

7. Edward D. Pare Jr.
RE: Letter of withdrawal on AT&T’s behalf relative to an application for a variance

8. Massachusetts Municipal Association
RE: TheBeacon, January 2010
9. Congressional Quarterly
RE: Governing, January 2010

10. Marion Mudge, Town Clerk
RE: Nomination Papers (Dan Seidman – 2010)

PRO FORM        Meeting opened, conducted and closed in due form at 8:35 P.M.           (m/s/c  4/0/0)          
Respectfully submitted;
Patricia V. Harris, Secretary

APPROVAL:       Approved and accepted as official minutes;

______________          _________________________
Date                    Henry Stephenson