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Planning Board Minutes 06/23/2010

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


DATE:                   June 23, 2010   

TIME:                           7:25 P.M.

PLACE:                  Town Hall Annex

ATTENDANCE              Peak, Seidman and Stephenson
ABSENT:                 Aldrin

BILLS:                  Patricia Harris...................................$879.60
                                Patricia Harris...................................$363.36
                                Patricia Harris...................................$545.04
                                Petty Cash………………………..…$   6.15
                                Thomson West……………………...$176.50
                                Verizon……………………………..$  40.31
MEETING MINUTES:        As referred in the  June 2, 2010 Meeting Agenda
                                2 June 2010 - Deferred


7:25 PM Charles Gilstad Re: Estate of Edward V & Alice H Franklin -
Request for the release of the lots, A.P.14A15

Mr. Gilstad submitted a letter confirming that the 12 ft. wide wrap road was constructed according to the specifications on the plan, that the file copy of the Definitive Plan was annotated with the name of the subdivision road (i.e. Finley Lane), that the photos of the road clearly reflected the material that was utilized for the surface of the road, and that the applicant created a road association.

He asked the Board if they would consider releasing the lots, given that the applicant met the conditions and restrictions of the board’s decision.

Mr. Peak was given an excerpt of the Decision listing the conditions and restriction to confirm that the requirements were met. Mr. Peak compared the documents against the list and confirmed that the requirements were met.  

Mr. Peak reviewed the road associations’ agreement and noted that the references to the membership did not accurately reflect the correct number of property owners throughout the document. He recommended amending the references to the “2/3rds vote of the majority” with a statement requiring “the consent of both owners, and/or 100% agreement and attendance”.  

The Board Secretary informed the board that the applicant’s attorney, Mr. Coogan had sent the Board an email earlier noting that he was unable to register the road association’s declaration and agreement initially, but that it had been resolved later that day.  A copy of the recorded  document was subsequently emailed to the Planning Board for their records.

There being no further discussion, Mr. Peak entertained a motion to accept the Road Association’s Agreement as amended, and to release lots 128 and 129.  Mr. Stephenson so moved.  Mr. Seidman seconded the motion, which motion carried. 3/0/0  And the Board signed the Form O to  release the lots.


1. Cynthia Schilling
RE: Potential Form A application – access/frontage, AP 14B1.2

Board members were informed that Mrs. Schilling was interested in dividing a 1.08 acres parcel of land in the R20 Districting into two (2) lots. She wanted to know if the Board would object to creating the lot’s frontage and access on Freeman Lane to preserve her driveway and stone wall.

A copy of Mrs. Schilling’s plot plan depicting the dirt driveway leading to her house, and stone wall was well within the 100 ft of frontage for the new lot.

Mr. Peak noted that Mrs. Schilling had ample frontage on Winyah Lane to meet the zoning district’s minimum requirement for frontage.  He informed the Board that Freeman Lane could not provide frontage or access to any lot, because it was not a road. The 40 ft. wide extension was a portion of land on AP 14B1.22 that served as a driveway. The same extension of land served as an access easement to AP 14B1.21, which was created through the Deep Lot Provision.

Mr. Stephenson added that the zoning bylaws did not allow shared driveways, an issue he thought they should address with a bylaw amendment that would permit them under certain circumstances.  Mr. Peak acknowledged.

Mr. Peak recommended informing Mrs. Schilling that Freeman Lane could not serve as frontage and access to the potential lot.
2.  Town Hall

Board members reported their conversations with the Board of Selectmen at a joint meeting on June 15, 2010, in which the Selectmen recognized that their comments against the Planning Board in the local newspaper were not accurate or fair to the Board.

Mr. Peak noted that he was initially upset with the Selectmen after reading the article, and decided to come prepared to the meeting with documentation to demonstrate that the Board of Selectmen’s comments were inaccurate. At the conclusion of the discussions, the Board of Selectmen and Planning Board agreed that it was best to move forward. The Selectmen offered to survey the old fire station site on Beach Road, and to secure the soil samples the Planning Board requested.

Mr. Stephenson mentioned that he preferred seeing the town hall in town. If the old Fire Station site proved to be unsuitable, he thought the Board might consider studying the police department’s building as a potential site, given that the town was presently investigating the possibility of merging the department with the Town of Oak Bluffs.  

Mr. Stephenson added that he had a conversation with a local architect regarding the police department’s building, and was advised that it could be a good site for a new town hall, provided the context of the building (i.e. civic space) was improved. And he agreed.       

Mr. Stephenson mentioned that in the same conversation, it was suggested that the town might have to consider leasing space from abutting properties, depending on the departments’ needs for space, parking and access. He reiterated that it was important to keep the town hall in town not just for a symbolic presence, but because it supported the local businesses.  

Another possibility was the Post Office. Mr. LaPiana informed Mr. Stephenson that they may be rethinking their operations. If it was true, the post office property could work well as a new town hall.  Mr. Seidman questioned the site’s suitability, specifically about putting a service road in the back of the fire station. He thought it was “DOA”, partially because Mr. Coogan had commented against the site.  Mr. Peak thought the Planning Board should avoid formulating any preconceived notions on any particular site, until they’ve researched the site.  Mr. Seidman agreed.

Mr. Seidman inquired if the Board of Selectmen had plans to do the survey and the soil testing soon. The Board thought they’d have to contact the town administrator for the information.  Mr. Peak was of the impression that the Selectmen wanted to hold a joint meeting with the Planning Board to discuss a joint article to ask for the funds, because they may not have had sufficient funds for the survey.                                     

3. Tisbury Board of Selectmen’s Subcommittee
RE: Regionalization of local police department

Mr. Seidman informed the Board that he had asked the board secretary to place the  topic on the agenda to ask the board members if they’d have any objections if he served on the committee the Board of Selectmen were thinking of creating to study the overall concept of regionalizing all of the police departments on the island.

The Board did not have any objections.

1. Charles R. Gilstad, P.L.S
A. Letter confirming the road and utilities were installed according to the approved plan
B. Revised Plan reflecting the name of the subdivision road
C. Geoghan Coogan re Road Association

2. Tisbury Market Place Trustees
RE: Opposition to Mr. Dunn’s application for a special permit

Mr. Peak read the letter in its entirety at the Board’s request. Mr. Stephenson indicated that he had discussed the letter informally with Mr. Seidman before the meeting began, and thought they should refer the matter to town counsel, to inquire how they should proceed with the application.

Mr. Peak believed there were two parts to Mr. Dunn’s proposal He mentioned that Mr. Dunn wanted to eliminate some parking spaces from the parking lot, which may present a problem for him if he does not acquire 100% from the condo unit owners. Mr. Dunn reserved the right to create additional parking in the open space areas described in the Master Deed. In a worst case scenario, Mr. Dunn can develop all of the areas that were reserved to him by deed, and turn the rest of the open space into parking.

The letter from the trustee is saying that he cannot remove the parking spaces he is displacing and amend the parking lot without the 100% of the condo unit’s permission.

Mr. Stephenson inquired if they can review the application before the legal issue is resolved or move ahead on the application and vote with conditions. Mr. Peak indicated that they cannot vote on the application until the MV Commission renders their decision first.

Mr. Stephenson recommended forwarding the letter and a copy of the master deed, pertaining to the matter of altering the parking lot, and moving along in the public hearing process as far as possible.

3. AnnMarie Cywinski, Board of Assessors
RE: Tisbury Condo Reserved Rights

4 Tisbury Water Works
A. AnnMarie Cullen Subdivision, Lake Street – Request for the Release of Lots

Mr. Stephenson and Mr. Seidman inspected the subdivision road, and reported seeing the fire hydrant. The board secretary  added that the applicant’s surveyor, Mr. Hoehn submitted the remainder of the documentation as listed in the conditions and restrictions of the Decision to meet the Board’s requirements for the release of the lots.

Mr. Peak therefore entertained a motion to release lots 1 to 6 for the aforementioned applicant’s subdivision, and to affirm the vote by signing the Form O that was prepared in advance.  Mr. Stephenson so moved.  Mr. Seidman seconded the motion which motion carried.  3/0/0

5 Tisbury Conservation Commission
RE: Appointments

6. Marion Mudge, Town Clerk
RE: Open Meeting Law changes

7. John Bugbee, Town Administrator
RE: Email Policy

8. Woods Hole Group
RE: Environmental Notification Form – Dredging Vineyard Haven Inner Harbor

9.  Massachusetts Municipal Association
RE:  TheBeacon, June 2010

10. The Trust for Public Land
RE: Land & People, Spring/Summer 2010

11. Martha’s Vineyard Commission
RE; 18 June 2010 Extended Schedule

PRO FORM        Meeting opened, conducted and closed in due form at 9:15 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