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Planning Board Minutes 03/10/10

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


DATE:                   March 10, 2010  

TIME:                           7:10 P.M.

PLACE:                  Town Hall Annex

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

BILLS:                  Patricia Harris...................................$879.60
                                Staples ….………………………….$  19.99
MEETING MINUTES:        As referred in the  03 March, 2010 Meeting Agenda
                                24 February 2010        Deferred
03 March 2010  Deferred


1. Douglas R Hoehn, SB&H Inc
R: Kaplan, AP 2F2.7, Cayuga Street (Form A) relative to trees

Mr. Peak advised the Board Secretary to inform Mr. Hoehn that if the applicant is unable to repair the road, the road as it exists is inadequate for ANR purposes.
He explained to the Board that while he has not seen Mr. Kaplan's deed for the property in question, he managed to obtain a copy of a deed for property across the street from Mr. Kaplan's property, which read "and the property runs easterly by a way, 40 ft.wide" which was interpreted to mean that the abutting property owner owns to the midline of the road.~~The language allows the property owner to~make the necessary improvements to the road to provide adequate access.
~Mr. Peak offered to obtain Mr. Kaplan's deed, but suspected that it would contain similar language.

2. Linehan
Mr. Peak noted that Mr. Linehan was before the Zoning Board of Appeals for a special permit. He mentioned that the property in question was the subject of an ANR in 2005, which was subsequently revised in 2007. The applicant developed both lots, then had a perimeter survey created for the entire parcel, in which it was being represented as one lot.
Mr. Linehan is before the Zoning Board of Appeals to convert the second house into a guesthouse, which was possible if he met all of the criteria. The issue was that the size of the house exceeded the maximum allowance for a guesthouse. The only other option was that the applicant, Mr. Linehan could apply for a permit to allow the multiple dwellings, unless the re-divide the property.

3. Town Article No. 28

Mr. Peak was invited by FinCom's Chairman, Mr. Gomez~to speak on the Planning Board's article with regards to swapping "the use" of the beaches. Mr. Gomez noticed that the language omitted a few important details for the swap, including the request for legal fees, that have suddenly appeared in the article FinCom received.~~~
Mr. Peak noted that he had the opportunity to speak with Mr. Gomez to clarify that they were recommending a "swap in use" of the beaches for a limited time period, with the option to renew. The funds were recommended by the Board of Selectmen to cover the legal costs to generate a document that clearly spelled out the details of the arrangement, and to clarify issues of liability.
The Board Secretary advised the Board that Mrs. Jones had called the office earlier to discuss the Board's article, noting that she had slightly modified the language to make it clearer.~ She asked if the Board could review the language to make sure the modifications were acceptable.~~Board members were given a copy of the modified warrant article for their review. The Board thought the language was accepable as amended.

Town Meeting
Mr. Peak noted that they had to contact Deborah Medders, the Town Moderator to inform if they intended to make a powerpoint presentation for their warrant article. He thought the town should be responsible for facilitating the presentations by providing the equipment. Mr. Stephenson agreed, noting that the current arrangements were subpar.
4. Town Report
Board members were given a draft copy of the Planning Board's Town~Report for their review and comment.~ Board members thanked Mr. Peak for writing the report on their behalf.

5. House Numbering System
Mr. Peak obtained a copy of the town bylaws and the read section pertaining to House Numbering in its entirety to the Board, in which interpreted the regulation to say that the house number has to be displayed in a manner readable way from the road. He was of the impression that if one was assigned an address off State Road, then it should be visible from State Road.

Mr. Peak indicated that he did not have the opportunity to meet with Mr. Barwick to discuss the interpretation of the town bylaw, but intended to follow through. Should Mr. Barwick disagree, Mr. Peak thought the Planning Board or Board of Assessors could write the condo association a letter explaining how in situations where there are several buildings on a parcel of plan, there needs to be a mechanism by which their addresses are visible from the road.

6. Sam Dunn, Tisbury Market Place, AP 09B19.00+

Mr. Peak submitted a copy of Mr. Dunn’s plans for a mixed use commercial structure at the Tisbury Market Place, noting that he had omitted Gannon & Benjamin’s boat shed.

Board members reviewed the site plans, and elevation plans Mr. Dunn submitted to the MV Commission. The board was surprised and concerned at the size of the structure and its proximity to lagoon pond.  Mr. Stephenson questioned whether the building encroached upon the wetlands, and if it sufficed as a deterrent.

Also noted was that the Tisbury Market Place had doubled their parking spaces without the town’s consent, well beyond the percentage allowed in the zoning district.

Board members discussed the possibility of attending the MV Commission’s discussions on March 18, 2010 to express their concerns.

7. Rickard Bakery

Mr. Peak informed the board that the proprietors were before the MV Commission because they want to retail their baked goods.  They were advised that the MV Commission’s decision prohibited any retail from the building because of traffic concerns. It appeared that they had to apply for an amendment.

8. Draw Bridge Committee

Mrs. Loberg informed the Board that the 25% design was tentatively schedule for public review and comment on April 29, 2010 at 5PM in the KCT. The original date of April 8, 2010 was cancelled because the state forgot to post the meeting.

9. Union Street

Mr. Stephenson and Mr. LaPiana met at 4AM this morning to do a trial run of the  proposal to change the direction of traffic up Union Street to Main Street using a variety of large vehicles in strategic parking spots to see if they could maneuver the right turn onto Main Street.

They noticed that the right turn was easier to negotiate from the left side of the road, which may require moving the parking spaces to the north side of the road. Because there were a few more curb cuts, it was possible that they might lose a couple of parking spaces.

Mr. Peak inquired if motorists were going to be prohibited from making a left hand turn from Water Street to Union Street. He assumed they were going to make motorists go around the circle on SSA property to make a right turn onto Union Street. It eliminated the left hand turn across traffic, which could present a problem during the summer season.

Mr. Stephenson hoped they could schedule a meeting on the subject to give people an idea about how it would all work and what their options are.  Mr. Peak thought they should just move ahead and do it.  Mr. Stephenson worried that the Board of Selectmen could have an issue with parking.

Mr. Peak thought it was also important to get the MVTA on board. Mr. Stephenson agreed.

10. Martha’s Vineyard Commission’s Wind Turbine Committee

Mr. Stephenson informed the board that the MVC was creating a committee to redraft island wide regulations, and asking the town’s for their representatives.  He was going to recommend or nominate Chris Fried.

He wasn’t sure that if the Commission was asking for one representative from each town or a representative from town boards. He planned on attending their first meeting for a clarification.


1. Massachusetts Municipal Association
RE: TheBeacon, March 2010

2. Quinlan
RE: Zoning Bulletin, 10 February 2010

3. MV Commission
A. Wind Agenda
B. Objectives and Work Program and Related Materials
D. Phase 1 Document – Issues and Possible Approaches
E. 01/14/10 Minutes of initial work session
F. Notice – 03/11/10 @ 5PM Work Group Meeting

PRO FORM        Meeting opened, conducted and closed in due form at 8:20 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