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Planning Board Minutes 02/15/2010

P.O. BOX 602
(508) 696-4270
Fax (508) 696-7341


DATE:                   December 15, 2010       

TIME:                           7:07 PM

PLACE:                  Town Hall Annex, 66 High Point lane

ATTENDANCE:             Aldrin, Peak, Stephenson, and Thompson

BILLS:                  Verizon……………………………..$52.28

MEETING MINUTES:        As referred in the December 8, 2010 Meeting Agenda
                                15 November 2010        Deferred
                                01 December 2010        m/s/c   4/0/0
                                08 December 2010        m/s/c   4/0/0


7:07 PM   Douglas Hoehn, PLS - Schofield, Barbini & Hoehn, Inc.

A.      Carly Simon, Shubael  Weeks Road

Mr. Hoehn provided a rough draft of a potential division of land off Shubael’s Week Road, in which Ms. Simon was contemplating the division of a 10 acres parcel of land into two (2) – 5 acres parcels. The issue presented by the proposal was the use of an ancient way i.e. Shubael Weeks Road as frontage. Board members were asked for a site visit to determine the suitability of road for ANR purposes.

Mr. Hoehn offered to meet with the Board members for the site inspection. Board members accepted the offer and suggested postponing the site visit until after the holidays. A date and time acceptable to the entire board would be decided upon at their next meeting on January 5, 2011.

B.      Robert Jewett, AP 04G07 (R25)
Board members were reminded that the slightly modified division of land Mr. Hoehn submitted for Mr. Jewett had been endorsed by the Planning Board in the past. Due to unforeseen circumstances, the applicant’s recordable plan was lost. To record the document at the Registry of Deeds, the applicant had to create a plan acceptable for recording. The plan had to comply with the Registry of Deeds and the Land Court’s requirements.

Mr. Peak asked the Board members if they had the opportunity to do a site visit. Mr. Aldrin replied in the affirmative.  Mr. Thompson was familiar with the property. Mr. Peak noted that one of the lots did not have sufficient frontage. There was discussion whether the Planning Board was aware of the deficiency at the time the endorsed the plan. Mr. Peak requested additional time to review the Board’s past files.

Mr. Hoehn offered to extend the statutory time limit for the review process until January 5, 2011. Mr. Peak requested the offer in writing. Mr. Hoehn agreed to submit the letter tomorrow on 16 December 2010.

7:25 PM Public Hearing (Cont): Special Permit Amendment by AT&T, AP 10A01
                Attendance: Mary Ellen Larsen, Fin Com; Ralph Packer, Edward Pare

Hearing commenced in due form at 7:25 PM. Mr. Peak, Planning Board Chairman read the public hearing notice into the minutes, and had the Board members introduce themselves to the applicant, his representative and the members of the general public present for the discussions.

Mr. Pare, the applicant’s agent, at the Chairman’s request explained that he had applied for a wireless installation on AT&T’s behalf at Mr. Packer’s property approximately one year ago. At the time they proposed to install the equipment cabinets within the existing building on a mezzanine level. Mr. Packer subsequently informed them that the equipment cabinets did not suit his use of the building. The only other option available to them was to relocate the equipment cabinets into a standard equipment shelter (11.5’X20’).

Board members were referred to the color photos, as Mr. Pare explained how they were going to hide the coax cables from view with the use of a cable tray, that was also going to be painted white to match the existing building.

The equipment shelter, as per the photos is to be installed on the ocean side of the property in the rear of the building, approximately 111 ft. from the property line.

All other aspects of the original proposal remained the same except for the relocation of the equipment cabinets. Everything was going to be painted white so that it would blend in. Mr. Pare indicated that the Board Secretary contacted the MV Commission, and obtained a reply from Paul Foley, the DRI Coordinator stating that the revision did not have to be referred.

Mr. Aldrin inquired about the actual need for an 11.5’ X20’ shelter.  Mr. Pare replied that they utilized 4- 5 refrigerator sized equipment cabinets, batteries, etc., all of which had to be protected from the elements, and kept cool via air conditioning.

Mr. Peak asked Mr. Packer if the shelter would interfere with the stockpiling of materials in the general area. Mr. Packer replied in the negative, adding that the relocation of the equipment cabinets into a separate structure gave AT&T’s technicians access to their equipment on a 24/7 basis without compromising operations of his business or the security of his building.

Mr. Peak inquired if there were any issues with flooding due to the elevation. Mr. Packer replied that the base of the container was going to be located at the floor level of the existing building’s. Mr. Pare referred the Board to a plan in which the shelter was depicted to have a concrete foundation and steps, approximately 24 inches off the ground.

Mr. Stephenson did not have an issue relocating the equipment cabinets. He appreciated the fact that the applicant was taking every precaution to minimize the shelter’s visual impact.

There being no further discussion, Mr. Peak entertained a motion to close the public hearing and enter into the deliberations. Mr. Stephenson so moved.  Mr. Aldrin seconded the motion, which motion carried. 4/0/0

The Planning Board resumed their regularly scheduled meeting at 7:37PM

7:37 PM Deliberations: Special Permit Amendment by AT&T, AP 10A01
                Attendance: Mary Ellen Larsen, Fin Com; Ralph Packer, Edward Pare

Board members were advised that the proposal was a modification of their special permit.
Mr. Peak noted that the applicant offered to paint the structure and cable trays white to match the existing building, and the height was going to be adjusted to comply with flood insurance regulations as determined by the building inspector.

Mr. Peak inquired about outdoor lighting.  Mr. Pare replied that were proposing to have a light at the door (shielded down).

There being no further discussion, Mr. Peak entertained a motion to approve the amendment to the special permit as outlined and documented in the plans to be attached and with the comments on visual appearance.  Mr. Stephenson so moved.  Mr. Aldrin seconded the motion, which motion carried. 4/0/0

Mr. Peak entertained a motion to continue the deliberations on January 5, 2011 at 7:15 PM at the Town Hall Annex to review the revised special permit.  Mr. Stephenson so moved. Mr. Aldrin seconded the motion, and the motion carried. 4/0/0

The Planning Board resumed their regularly scheduled session at 7:48 PM.


1. Susan Fairbanks, Winyah Circle
RE: Application of S. 07.03.04 (Deferred)

2. Martha’s Vineyard Commission
RE: Student Study of Area Defining Characteristics

Mr. Stephenson summarized the primary elements of the intern’s report that focused on the characteristics of a 1000 sq. ft. area in town encompassing Summer Street, Lake Street and Pine Street. He mentioned that Mr. London asked him to comment on the report for any recommendations.

Mr. Stephenson shared some of his comments in the critique he sent Mark London.

1. Tisbury Conservation Commission
RE: Public Hearing Notice – Dorritt Pfau, AP 13D11 & D12 (pruning and cutting of vegetation)

2. Tisbury Board of Appeals
A. Special Permit #2038 – Robert & Maureen Belisle, AP 16A07 (addition to a pre-existing, non-conforming structure w/in coastal district)
B. Special Permit #2037 – Colin Weir, AP 25A27 (additions to a pre-existing, non-conforming structure)
C. Special Permit #2039 – Chappaquonsett LLC, AP 59A01 (addition to a pre-existing, non-conforming dwelling w/in shore zone)
D. Special Permit #2040 – John Rancourt, AP 22A18 (activity occurring outside of an enclosed building)
E. Comprehensive Permit – Bridge Housing Corporation, AP 53A01 (extension of validity period/ another 3 years)

3.  John Bugbee, Town Administrator and Larry Gomez, Fin Com Chairman
A. FY2012 Budget Plan
B. FY 2012 Budget Preparation
C. FY 2012 Budgeting lowlights****
D. April 5, 2012 Special Town Meeting Calendar
E. April 12, 2012 Annual Town Meeting Calendar
F. Capital Expenditure Form and Approval Process

4. MV Commission
A. 10 December 2010 Extended Schedule
B. 16 December 2010 Meeting Schedule
C. Request for Interest (Possible area change for wind energy development)

5. Renewable Energy Committee
RE: Draft Bylaw

Board members noted that the copies were difficult to read, and asked for clearer documents.

Ms. Larsen, Fin Com’s representative and liaison to the Planning Board inquired about the administrative process regarding the installation of solar panels on town owned property.

Mr. Stephenson noted that the process was a bit more involved, and explained that the town had to designate an area/territory and develop a set of regulations for renewable energy, if they were going to comply with the Green Communities Act. Compliance to the regulation gave the town leverage in negotiating contracts with private developers. The Towns could negotiate better rates, as part of their agreements, while the private developers assumed all capital expenditures in exchange for very lucrative tax incentives.

6. JC Murphy
RE: Correspondence concerning the dual meeting of the Planning Board and Byways Committee

7. Thomson West
RE: Zoning Bulletin, 25 November2010

PRO FORM        Meeting opened, conducted and closed in due form at 8:45 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