TOWN OF TISBURY
P.O. BOX 602
TOWN HALL ANNEX
VINEYARD HAVEN, MASSACHUSETTS 02568
DATE: August 25, 2010
TIME: 7:09 PM
PLACE: Town Hall Annex
ATTENDANCE: Aldrin, Peak, Seidman, Stephenson and Thompson
BILLS: Patricia Harris...................................$879.60
Office Depot……………………….$ 46.76
MEETING MINUTES: As referred in the August 11, 2010 Meeting Agenda
4 August 2010 Deferred
11 August 2010 Deferred
7:09 PM Douglas Hoehn - Schofield, Barbini & Hoehn, Inc.
A) Form A – Douglas Best, Winyah Circle , AP 14C01
Mr. Hohen submitted a slightly modified plan of land reflecting two building lots (Lots 131 and 132) and explained that the modification to the center line allowed the applicant to meet the setback requirements for a new building on Lot 132.
According to the Building Inspector, the two corner lots had frontage and two side yards. In order to meet the zoning district’s side yard setback requirements for building purposes, the applicant had to revise the center line to obtain additional land area.
There being no further comment, Mr. Peak entertained a motion to approve the plan as an ANR, given that the lots met the frontage and land area requirements in the R20 District. Mr. Stephenson so moved. Mr. Aldrin seconded the motion, which motion carried. 5/0/0
B) Form A – IFP, Property Adjustment, AP 21B31
Mr. Hoehn submitted a plan of land on the town’s behalf reflecting the division of AP 21B34, in which a non-buildable lot of 14,652 sf. Ft. was created. Board members were advised that the parcel was to be conveyed to IFP with an easement for the connector road, in exchange for the easement IFP granted the town on AP 21B31.2. The easement was crucial to the town’s project, because it was the connector road’s primary access off Edgartown Road.
There being no further comment, Mr. Peak entertained a motion to endorse the plan as presented as an ANR under the Subdivision Control Law. Mr. Seidman so moved. Mr. Thompson seconded the motion, which motion carried. 5/0/0
Mr. Peak reminded the Board that they also had to vote on the waiver of the fee, because the town was the applicant in this instance, and the division of land was for a town project. Board members agreed, and Mr. Stephenson moved to waive the administrative fee for the Form A application that was submitted on the town’s behalf. Mr. Aldrin seconded the motion, and the motion carried. 5/0/0
C) Form A - Heikki-Soikelli, Property Adjustment, AP 20A04 and 20A05
Board members were informed that the plan of land was part of the town’s connector road project, in which a sliver of land from the town’s landfill was being conveyed to Heikki M. Soikkeli (4,631 sq.ft.) in exchange for an easement.
Mr. Hoehn referred the Board to the note he added on the plan stating that Lot 1 was not buildable.
There being no further comment or issue with the division of land, Mr. Peak entertained a motion to endorse the plan of land (no. MV9888) as an ANR under the Subdivision Control Law. Mr. Stephenson so moved. Mr. Aldrin seconded the motion, which motion carried. 5/0/0
Mr. Peak informed the Board that they were permitted to waive the fee. He recommended the waiver because it was a town project. Board members agreed, and Mr. Aldrin moved to waive the filing fee of $200.00 because the division of land was part of a town project to construct a road. Mr. Stephenson seconded the motion. And the motion carried 5/0/0
8:00 PM Fred LaPiana, DPW Director Re:
Mr. LaPiana informed the Board that the town was scheduled to make a 10 minute presentation to the state as part of the grant application process. The Town was scheduled at 2PM on August 31, 2010 at 10 Park Plaza (4th Fl), Boston MA. Board members were invited.
On a different note, Mr. LaPiana informed the Board that Mr. Clarence Barnes has expressed an interest in negotiating with the Town the use of a private road to expand the connector road.
Mr. Stephenson heard Mr. Barnes was interested in opening a gas station. Mr. LaPiana confirmed that Mr. Barnes was looking to construct the gas station off High Point Lane on AP 22A12. Mr. Stephenson recalled that there was a similar proposal for a gas station on Ernest Pachico’s property off High Point Lane a few years back,. Mr. LaPiana added that there was a third proposal for a gas station on Goldsboro property at the corner of High Point Lane and State Road. He believed they were all anxiously waiting for the construction of the connector road.
Mr. Stephenson thought a gas station was a good idea, but not at the intersection of High Point Lane and State Road because it was just too problematic. Mr. LaPiana noted that Mr. Barnes was contemplating a gas station at the end of Evelyn Way, away from State Road. He also clarified for the record that the use was not part of the negotiations. The only issue on the table was Mr. Barnes trucks (15 tractor-trailers).
Mr. Peak noted that the use was consistent with the connector road and the development of the area. He did not think the town should be interested in bartering privately owned land, especially when the title is questionable, for town owned land, and felt Mr. Barnes should be paid a fair price for his property.
Additional discussions ensued with this regard, and there was some mention of the area next to the pit at the landfill. It was suggested that the area could be used for parking, such as Mr. Barnes’ tractor-trailers. Mr. LaPiana had to investigate whether or not there were any restrictions on the property by the Board of Health or the DEP, and how much land area was available for parking.
At the conclusion of the discussions, Mr. LaPiana departed at 8:05 PM.
8:06 PM Public Hearing (Cont): Special Permit Application – Reid A. Dunn, AP
09B19 Attendance: None
Mr. Peak, Planning Board Co-Chairman opened the continuation of the hearing at 8:06 PM and explained that it was continued for the purpose of giving the MV Commission the opportunity to deliberate on the application as a Development of Regional Impact.
The MV Commission met on the application and closed the hearing, without deliberating on the proposal. He understood that the written record was kept open until September 16, 2010. The applicant, Mr. Dunn has asked the Planning Board if they would continue the public hearing on September 22, 2010, in anticipation of a determination.
Mr. Peak therefore entertained a motion to continue the public hearing at 7:15 PM on September 22, 2010 at the Town Hall Annex. Mr. Thompson so moved. Mr. Aldrin seconded the motion, and the motion carried. 5/0/0
8:09 PM Hearing (Cont): Special Permit Application – William Craffey, AP 9B17
Mr. Peak, Planning Board Co-Chairman opened the continuation of the hearing at 8:09 PM to inform the Board that the applicant’s proposal was designated as a DRI, subject to a full review by the MV Commission. He understood that the applicant’s hearing has been scheduled on Septemberm16, 2010, which may result in a determination. Mr. Peak noted that the Planning Board could not deliberate on the proposal until they received a written determination from the MV Commission. He therefore entertained a motion to continue the public hearing at 7:30 PM on September 22, 2010 at the Town Hall Annex.
Mr. Seidman interjected that he had attended the applicant’s initial hearing at the MV Commission and noted that the applicant appeared to be upset at the Planning Board’s request to the MV Commission for assistance with overall development of the district, in light of the recent number of proposals.
Mr. Peak understood, but felt they’ve reached a point where they could no longer afford to look at the proposals individually but should consider them collectively relative to their impacts on the district. He also spoke with the applicant, who felt somewhat concerned that the property owner may not want to continue with the administrative process if they were approached with less controversial uses for the retail space.
Mr. Stephenson noted that it became clear from the discussions that the Planning Board and MV Commission were very interested in working together on a planning study in a timely way, so that the applicants were not unnecessarily held back. It was understood that the study would be conducted in the near future.
There being no further comment, Mr. Peak once again entertained a motion to continue the public hearing at 7:30 PM on September 22, 2010 at the Town Hall Annex. Mr. Stephenson so moved. Mr. Seidman seconded the motion. The motion carried. 5/0/0
The Planning Board resumed their regularly scheduled meeting at 8:24 PM
1. Geoghan Coogan, Esq.
RE: Tisbury Marina LLC
Board members held some discussions about Mr. Coogan’s letters to the Planning Board and Building Inspector with regards to the latter’s interpretation of a ferry service.
2. Marion Mudge, Town Clerk
RE: Attorney General’s Enforcement of the Open Meeting Law
3. Aase Jones, Adm. Secretary to the Town Administrator
RE: cc Geoff White’s Letter of Interest (Planning Board Vacancy)
Mr. Peak thought they should invite Mr. White to a meeting and discuss his interest in serving on the Planning Board. Mr. Seidman questioned whether he would be interested in serving as an Associate Member.
4. Tisbury Zoning Board of Appeals
A. Public Hearing Notice – Brian Alden, AP 28C22
B. Public Hearing Notice – Colin Weir, AP 25A27
C. Public Hearing Notice – John C. Reese, AP 02H03
D. Public Hearing Notice – Lisa Belcastro, AP 12D23
5. Kenneth A. Barwick
RE: Thomas McCurdy, AP 10B01 (Violation)
Mr. Peak, Planning Board Co-Chairman read the letter in its entirety. Mr. Seidman was concerned about putting someone out of business given the economy.
It was also noted that Mr. McCurdy was allowed to stay on the premises for a year with the understanding that he would have to look for another location to run his business or pursue a bylaw amendment that would allow a car dealership. It was made clear to Mr. McCurdy that the regulations did not permit the use. The Planning Board, in good faith gave Mr. McCurdy a year’s time to establish his business in a more appropriate location. Mr. McCurdy reneged on his agreement with the Planning Board.
6. Jeffry Thompson
RE: Letter of Resignation (Associate Member)
PRO FORM Meeting opened, conducted and closed in due form at 8:45 P.M.
Patricia V. Harris, Secretary
APPROVAL: Approved and accepted as official minutes;
Date L. Anthony Peak