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Planning Board Minutes 05/12/2010

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


DATE:                   May 12, 2010    

TIME:                           7:25 P.M.

PLACE:                  Town Hall Annex

ATTENDANCE:             Aldrin, Peak, Stephenson and Thompson

ABSENT:                 Seidman

BILLS:                  Patricia Harris...................................$879.60
MEETING MINUTES:        As referred in the 5 May 2010 Meeting Agenda
                                31 March 2010   m/s/c   3/0/0
28 April 2010   m/s/c   3/0/0
 5 May 2010            Deferred

7:25 PM House Business

A. Melinda Loberg, Finance & Advisory Committee’s Representative to the Planning Board RE: Beer & Wine Licenses

Board members were informed of the Board of Selectmen’s discussions about the requirements and enforcement. of the beer & wine licenses to be issued in the Town of Tisbury.  Informal discussions reflecting the Board members impressions followed.

1.  Paul Kaplan, Cayuga Street,  AP 02F2.7

During Mr. Peak’s site visit this afternoon, he managed to locate 75% of the concrete bounds depicting the road layout, about 10 ft. to 14 ft. away from the traveled portion of the road, and discovered that the major portion of the road layout was not being utilized for its intended purpose.

Mr. Peak indicated that he walked to the pine tree, Mr. Hoehn referred to as a shade tree at the intersection of Iroquois Avenue and Cayuga Street, and noticed the depression (or ravine) Mr. Hoehn spoke of the meeting of 05 May 2010. He believed the tree had to be removed to allow a car to turn the corner safely onto a public road, and did not understand why the town would require a hearing to remove a tree from a public road if it presented a safety hazard.

Based on his observations, he did not see any reason why the applicant, Mr. Kaplan could not remove the one gnarly tree in the road layout, the three trees in front of his property and the one pine tree at the intersection of Iroquois Avenue and Cayuga Street, when the abutters owned the land to the midline of the road.  

Board members, Mr. Aldrin and Mr. Stephenson agreed with Mr. Peak, especially when the distances between the concrete bounds depicting the road layout clearly demonstrated that the trees were within the layout of road for which the Board is being asked to consider adequate for frontage and access.

Mr. Peak offered to contact Mr. Hoehn to discuss his findings and to inform him of the Planning Board’s determination.

2. Michael Jampel
RE:  Philip D. Fleischman, Informal Discussion – Potential Division of Land South Farm Road (3/17/10)

Mr. Peak briefly reviewed the files the Board Secretary located for the lots off Hillman’s Point Way, and was surprised to see that the Board on October 1, 1980 endorsed the division of land as a Form A without frontage.

He did not understand how they could have endorsed the plan, and felt he had to review the files thoroughly for an answer so that they can respond to Mr. Jampel’s and Mr. Fleischman’s inquiries about the property’s potential for further development.

3. Andrea Cranston-Flaherty, 141 Greenwood Ave., AP 26D20

Mr. Stephenson thought Mrs. Cranston-Flaherty did not have any options except to consider going condo. He did not see how the applicant could comply with the subdivision rules and regulations and  divide the proporty.

Mr. Peak replied that the applicant could apply under the Small Projects Procedures with substantial waivers. He was not certain about the minimum allowances, and wanted additional time to review the regulations to see what the absolute minimums were so that they could respond to Mrs. Cranston-Flaherty inquiry.

Mr. Stephenson did not favor granting extensive waivers without considering the projects overall impact on the town. There was a point, where they could not afford to waive their regulations without considering the consequences to the immediate abutters and neighborhood.

Additional discussions ensued with this regard, and Mr. Peak reiterated that he would review the subdivision rules and regulations for a report.

4. Leonard Clark Re: Mobile Food Truck at Veteran’s Memorial Park

Board members were advised that Mr. Clark was referred to the Planning Board in error by the Building Inspector because he thought the mobile food truck was located within the Waterfront Commercial District.

Now that it’s been confirmed that the food operation was going to be in the R10 District, Mr. Barwick realized that it was a prohibited use. Mr. Peak did not think the park should be regulated as a residence, when it is a town owned parcel of land for public use.

Mr. Stephenson agreed, and thought it should be regulated separately. He asked Mr. Peak to solicit town counsel’s opinion if publicly owned properties such as parks were subject to the town’s zoning regulations. He thought it should be a matter for the Board of Selectmen, not a special permit granting authority.

Mr. Peak agreed, noting that themobile food truck was an appropriate use for the Veteran’s Memorial Park.

Board members concurred and agreed to inform Mr. Clark that while they supported the proposal, they did not have the authority to render a binding opinion on the matter given that the special permit granting authority within residential districts pertained to the Zoning Board of Appeals.

5. Planning Board Officers
A. Co-Chairman (2)
B. Clerk (?)
C. Appointments

Mr. Stephenson recalled that the Planning Board agreed the year before that they did need a Clerk, since the second Co-Chairmen could function as a Clerk by de facto.

There being no further discussion, Mr. Aldrin moved to re-elect Mr. Peak and Mr. Stephenson as Planning Board Co-Chairmen. Said motion was seconded and carried. 3/0/0

Mr. Peak asked the Board members to review the list of committees and/or boards they’d like to serve as the Planning Board’s representative.  The following list reflects their decisions.

Board and/or Committee          Representatives         Term

Site Plan Review Committee              L. Anthony Peak         30 June 2011
(Island Road & Coastal District)        Robert Aldrin                   30 June 2011

Land Bank Advisory Committee    Jeffry Thompson         30 June 2011

Harbor Management Committee     Jeffry Thompson         30 June 2011

Site Plan Review Board          L. Anthony Peak         30 June 2012
(Waterfront Commercial District)                                        2 Year Term

Tisbury Housing Committee               Henry Stephenson                30 April 2011

Cabinet                         L. Anthony Peak         30 June 2011*
                                        Henry Stephenson
Community Preservation  
Committee                               Robert Aldrin                   30 June 2013
                                                                        3 Year Term

Capital Program Committee               Robert Aldrin                   30 June 2011

Sewage Review Board             L. Anthony Peak         30 June 2011

Revenue Enhancement             To be determined                30 June 2011

Mr. Peak asked the Board Secretary to contact the Town Clerk to see if the Sewage Review Board and Revenue Enhancement Committee existed.

6. Planning Board Meeting Schedule
RE:  June 30, 2010

Mr. Stephenson asked the Board if they would consider revising their meeting schedule so that they eliminated a meeting i.e. last week of the month similar to the MV Commission. He believed they could accomplish just as much work within three weeks as opposed to four week scheduled they’ve maintained over the years. Unless there was a necessity for a fourth meeting, he thought they could use the break.

Mr. Peak thought they could try out the new schedule in the summer and entertained a motion that starting the month of June, the Planning Board will no longer hold a meeting on the last week of the month. Mr. Aldrin so moved.  Mr. Stephenson seconded the motion, which motion carried.  3/0/0

Board members did not begin the month of May because they had already scheduled Mr. Dunn’s presentation on May 26, 2010.

7.  Peter Duart’s Resignation

Board members were concerned that Mr. Duart’s position on the Board had not been vacated because it was impinging upon the Board’s ability to meet and review applications for special permits. Mr. Dunn’s request for a full board and personal issues with Mr. Seidman presented a problem they had to address.

Mr. Aldrin thought the Board of Selectmen should approach Mr. Duart in person to ask him for his resignation.  It was obvious that the Board of Selectmen’s letter did not serve its purpose.

Mr. Aldrin volunteered to meet with Mr. Duart to ask him. Mr. Peak agreed. Mr. Stephenson thought the Board of Selectmen and/or Town Counsel should draft the letter, and offered to accompany Mr. Aldrin.

The Board secretary was instructed to contact Mr Bugbee to inform him of their decision and request.


1. Michael Jampel
RE:  Hillman’s Point Way

2. Tisbury Conservation Commission
A. Public Hearing Notice -  James H.K. Norton, AP 17A11
B. Public Hearing Notice -  Terry Morrison, AP 54C04
C. Public Hearing Notice -  Tisbury Water works, AP 39A07

3. MV Commission
A. 10 May 2010 Extended Schedule
B. Newsletter, Vol 8, No. 2, April/May 2010

4. American Planning Association
A. Zoning Practice, April 2010
B. TheCommissioner, Spring 2010
C. Planning, May/June 2010

5. Thompson West
RE” Zoning Bulletin, 10 April 2010

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