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Planning Board Minutes 07/07/2010

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


DATE:                   July 7, 2010

TIME:                           7:05 P.M.

PLACE:                  Town Hall Annex

ATTENDANCE:             Aldrin, Peak, Seidman, Stephenson and Thompson

BILLS:                  Patricia Harris...................................$879.60
                                Inquirer and Mirror……………...…$  69.00
MEETING MINUTES:        As referred in the 23 June 2010 Meeting Agenda
                                2 June 2010     Deferred
23 June 2010   Deferred


7:05 PM House Business

Affordable Housing –  Mr. Stephenson attended the Board of Selectmen’s meeting on July 6, 2010 and reported that the four (4) affordable houses off Lambert’s Cove Road were awarded by lottery.

Mr. Peak noted that there was a much greater demand for rentals, and hoped the Tisbury Housing Committee would consider creating more apartments. He did not understand the focus on houses. Mr. Stephenson agreed, but felt that they could not create affordable apartment complexes on some lots. They had to take the location into consideration.

Reid A. Dunn -  Mr. Dunn indicated that the Planning Board had written a letter to the MV Commission without his knowledge in opposition to the project, and wanted the Board to retract their statement, since they appeared to have a difference of opinion since his presentation.

He explained that he scaled down the building substantially at the Site Plan Review Board’s request and revised the architecture so that it complemented the Market Place complex. Mr. Dunn believed he had address the  Board’s concerns and asked if they would consider issuing the MV Commission a new letter  that address all five (5) issues.

Mr. Peak recommended delaying the discussions until after the public hearing.

7:15 PM Public Hearing: Special Permit Application - Reid A. Dunn, AP 09B19
                Attendance: William Craffey

Hearing commenced at 7:22 PM. Planning Board Co-Chairman read the public hearing notice into the minutes, and asked the Board Members to introduce themselves to the applicant for the record.

Mr. Peak informed the applicant that the Board was waiting for town counsel’s response to their inquiries about the developer’s and/or declarant’s and condo association’s rights over the common lands relative to parking.  The Board wanted to make sure they were acting appropriately within their scope of address. It was a question the condo association trustees raised in a recent letter to the Planning Board.

Mr. Peak further added that he was going to recommend continuing the hearing until after the applicant met with the MV Commission, and completed the traffic study they had requested. He suggested August 4, 2010.

Mr. Reid did not think the MV Commission would conclude their hearing process, and recommended a later date, such as August 25, 2010.

Mr. Peak entertained a motion to continue the hearing until August 25, 2010 at 7:15 PM in the Town Hall Annex on 66 High Point Lane. Mr. Seidman moved the motion, which was seconded by Mr. Aldrin, and carried. 4/0/0

The Planning Board resumed their regularly scheduled meeting at 7:28 PM.

7:28 PM Reid A. Dunn

Mr. Reid submitted a copy of the Planning Board’s letter to the MV Commission dated 28 April 2010, and asked if they would revise the letter to reflect that the issues they initially held had been resolved with the revised proposal. (See attached)

Mr. Peak recollected that some of the members of the board had felt somewhat differently about the proposal after hearing Mr. Dunn’s presentation. He asked the Board if they wanted to update the letter to the MV Commission.

Mr. Seidman did not think they could revise item nos. 4 and 5.

Mr. Stephenson did not have an issue supporting the revised elevations and new design. He maintained that he was still very concerned in seeing the first, fourth and fifth items in letter addressed, because the preservation of the open space and bike path were a priority.

Mr. Reid indicated that he could only consent to the amenities that were within his control as declarant. The common areas outside the reserved building envelopes were within the Condo Association’s management.  He did however offer to surrender his right to develop the fourth area assigned to him as the declarant, if this project was endorsed. Mr. Reid also offered not to ask for more parking in the open space areas in connection with any of  the development rights.

He did not understand the Board’s concern with the interpretation of the Master Deed, because it dominated the discussions and confused the whole process. Mr. Reid did not want to be involved in the interpretation of a private document that involved him and the condo association.  Mr. Peak acknowledged, and explained that the Board was simply interested in ascertaining that they were acting within their legal ability.

Additional discussions ensued, and Mr. Dunn inquired if they had an idea as to when they could expect counsel’s comments.  Mr. Peak could not respond, but thought the Board should receive their response by August 25, 2010.

In regards to revising their letter to the MV Commission, Mr. Peak recommended amending the letter to state “As of July ??, 2010, there have been developments in this project between the Planning Board and…..”.  

Mr. Peak did not want to discuss the proposal with the Trustees, but thought they had to contact them at some point to discuss the bike path, if it was to move forward.

8:00 PM Public Hearing: Special Permit Application - William Craffey,
AP 09B17, 45 Beach Road
                Attendance: William Craffey and Elizabeth Wild, General Manager

Hearing commenced in due form at 8PM. Planning Board Co-Chairman, Mr. Peak read the hearing notice into the minutes and asked the Board to introduce themselves. After acknowledging the applicant and the one member of the general public present for the discussions, Mr. Peak asked the applicant, Mr. Craffey to begin his presentation.

Mr. Craffey indicated that he had owned and operated Island Pizza at the Tisbury Market Place for eighteen (18) years before selling and relocating to Maine, where he owned and operated a full service restaurant for ten (10) years until he sold the business last week. He’s opened a pizza parlor in Edgartown last year, called the Deep Pizza Place, and is interested in opening a second pizzeria in Vineyard Haven on 45 Beach Road, because of the location.

Mr. Craffey noted that he had come prepared with a hand sketched parking plan, drawn to scale to reflect the property’s overall parking scheme for the pizza parlor, the Blue Canoe and Century 21.

Mr. Seidman inquired if it was strictly take out. Mr. Craffey replied in the affirmative. Mr. Seidman inquired if he planned to provide delivery. Mr. Craffey replied in the negative.

Mr. Peak inquired about the space the applicant was occupying, and learned that Mr. Craffey was leasing two of the three units on the first floor. Century 21 leased the third. The second floor housed a very small apartment.

Mr. Peak inquired if the parking along the side of the building was designated for the pizza parlor and Century 21. Ms. Wild replied in the affirmative, adding that Century 21 had two private spaces along the westerly property line.

Ms. Wild indicated that the parking spaces were 21 feet long. With the 20 ft. right-of-way on the side, Mr. Craffey’s patrons had plenty of space to back out of their spaces.

Mr. Craffey reported that the spaces were 20 ft long with an additional 6 ft. before getting on to the 20 ft. right-of-way.  Mr. Stephenson thought they could push back the parking spaces to add some landscaping along the deck. Ms. Wild informed Mr. Stephenson that they’ve added the landscaping since the pictures were taken.

Mr. Craffey explained that he had two parking plans for the Blue Canoe Café in the rear portion of the property, but decided to submit the plan with the fourteen (14) parking spaces. Ms. Wild advised the board that none of their staff members were allowed to park their vehicles on the property, so that they were required to bike they way to work or take the bus. She added that the vast majority of the Blue Canoe’s clientele were the marina’s patrons, so that they walked to the restaurant. Mr. Craffey offered to have his staff park at the Park-N-Ride, if parking remained a concern to the Planning Board.

Ms. Wild noted that the Blue Canoe Café was not a year round operation, and normally closed in the fall.

There being no further comment from the applicant and Ms. Wild or questions from the Board, Mr. Peak recommended continuing the hearing until they heard from the MV Commission. Board members were informed that the applicant had to be referred to the MV Commission as a potential DRI.

Mr. Craffey met with the MV Commission’s staff on July 15, 2010 and was to appear before the LUPC on Monday, the 19th of July 2010 for a recommendation. Board members were advised that the LUPC were going to review the application for a recommendation to the full Commission. Mr. Seidman inquired if the Planning Board could issue the LUPC a letter indicating that they did not see any reason for denying the application.  Mr. Peak did not think they should commit themselves to a determination at this juncture of the review process, but did not see any harm in advising the LUPC that they did not have an issue with the applicant’s parking. Ms. Wild believed a positive comment from the Planning Board would help the applicant.

Mr. Stephenson did not have any issues with the proposal, which appeared to be appropriate for the site.

Additional discussions ensued with regards to the MV Commission’s review process, and the possibility of issuing them a letter about the parking. Mr. Peak stated that they had the option to send the Commission a letter or attend the meeting. Mr. Seidman volunteered to represent the Planning Board at the LUPC on July 19, 2010 to speak about the parking plan. This was acceptable to the Board.

There being no further comment, Mr. Peak entertained a motion to continue the public hearing at 7:15PM on July 21, 2010 at the Town Hall Annex.  Mr. Aldrin so moved. Mr. Stephenson seconded the motion, which motion carried.  4/0/0

The Planning Board resumed their regularly scheduled meeting at 8:45 PM.

9:00 PM Public Hearing: Special Permit Application - Island Market Deli, AP
Attendance: None

Hearing commenced in due form at 9:00PM. Planning Board Co-Chairman, Mr. Peak noted for the record that the applicant was not present for discussions. It was also noted that the applicant did not communicate with the Board regarding his absence.

It was noted that the applicant was operating the restaurant despite the construction.
Mr. Peak recommended referring the applicant to the Building Inspector for assistance.

There being no further comment, Mr. Peak recommended continuing the public hearing until August 4, 2010 at 7:30 PM at the Town Hall Annex, and contacting the applicant to inquire about his intentions for the application.

The Planning Board resumed their regularly scheduled meeting at 9:03 PM.


1. Owen Little Way
RE: Signage

Mr. Stephenson received an email from Greg Stevens, the Vineyard Haven Yacht Club’s Commodore advising him that the club would like to create signs directing people to the public and private beach. It appeared that they’ve moved the boats, and have opened up their beach to the public, even though the town’s not created or signed an agreement with them.

It appears that the boundary between the public and private beach was somewhat obscure. The yacht club wanted to create and install a couple of directional signs, but wanted the town to recommend the text.

Mr. Stephenson thought they had to erect signs to demark public waterfront parking from yacht club parking, and the public beach access from private property. The Board recommended “beach access or public access” and “private property beyond this point”.

It was suggested that Mr. Stephenson should discuss the signs with the Building Inspector to make sure the signs complied with the zoning regulations.

2.  Artcliff Diner
RE:  Complaint

Mr. Bugbee’s email to the Board was read in its entirety, after which Mr. Peak suggested a response by email stating that private citizens should be directed to the proper authority i.e. police with their complaints so that there was an official record on file.

The last time they received a complaint, they contacted the police department to inquire if they had received any complaints they should pursue.  They replied in the negative. And the Board members agreed.

Mr. Stephenson inquired if there was a legitimate underlying problem with facilities. Mr. Seidman reported that the general public had access to the SSA’s facilities until 10:30PM.

Mr. Thompson overheard thought the grapevine that the complaints came from two of Ms. Stanley’s competitors. He also noticed that there were about 50 people on site where a band appeared to be playing. The Board Secretary noted that the music Mr. Thompson heard the one evening was not a planned event. It happened that a couple of her patrons just started playing their instruments.

Mr. Stephenson questioned if they should perhaps reconsider Ms. Stanley’s hours of operation if it becoming a popular hangout.  Board members were informed that Ms. Stanley did ask the Board to extend her hours i.e. until 2AM on Fridays and Saturdays. Mr. Thompson observed that she had just recently started the new hours.

The Board Secretary referred the complaints to the Building Inspector and the Board of Health, and learned that they did not. Maura Valley, Board of Health Agent contacted Ms. Stanley and learned that she kept the restrooms in the Artcliff Diner open. Mr. Stephenson noted that if she was intentionally opened late to attract this crowd, it stood to reason that her patrons would need to have access to restrooms after drinking all night.  Mr. Seidman thought she could have a portable potty.

Mr. Stephenson thought they might have to keep an eye on the operations to see if they might have to cut back her hours of operation if its popularity continues to soar. He felt they had to keep in mind that if its one of a handful of places still opened at that late hour it was going to attract a certain clientele that can bring a host of problems they may not have anticipated.

3. Board Secretary
RE: Request for Vacation (7/14-7/21) and (8/18 – 8/25)

Planning Board members approved of the secretary’s request for vacation.

4. Planning Board Meeting Schedule
RE: August 25, 2010

The Planning Board members were interested in maintaining the current schedule, except that for the month of August. A few of the board members indicated that they would not be available on August 18, 2010, and asked that they meet on 25 August 2010 instead.

This being acceptable to the board members, Mr. Peak entertained a motion to cancel the Planning Board’s meeting on August 25, 2010. Said motion was seconded and carried.   4/0/0

5. Planning Board Associate Member

Board members agreed to a joint meeting with the Board of Selectmen to recommend Mr. Thompson. It was noted that they did not receive letters of interest from the town residents, other than Mr. Thompson’s bid for the vacancy.

It was suggested that they utilize the joint meeting to discuss the survey plan.


1. Tisbury Zoning Board of Appeals
A. Public Hearing Notice – Jilana and Alan Abrahms, Inc. AP 12B15
B. Public Hearing Notice – Vineyard Playhouse Inc, AP 07G02
C. Public Hearing Notice – Peter & Elizabeth Cabana, AP 16K02
D. Public Hearing Notice – Eric Johnson, AP 7F21
E. Special Permit No. 2020 –  Robert Fuller, AP 7F04
F. Special Permit No. 2021 – Island Properties Improvement LLC, AP 22A18
G. Special Permit No. 2022 – Leonard Clark, AP 07D13

2. Tim McLean, Treasurer
RE: FY 2010 Reserve Fund Transfers

3. American Planning Association
RE: Zoning Practice, June 2010

4 Quinlan
A. Zoning Bulletin, 10 May 2010
B. Zoning Bulletin, 25 May 2010
C. Zoning Bulletin, 10 June 2010

PRO FORM        Meeting opened, conducted and closed in due form at 9:30 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