PLANNING BOARD
TOWN OF TISBURY
P.O. BOX 602
TOWN HALL ANNEX
VINEYARD HAVEN, MASSACHUSETTS 02568
(508) 696-4270
Fax (508) 696-7341
MEETING MINUTES
DATE: March 23, 2011
TIME: 7:16 PM
PLACE: Town Hall Annex, 66B High Point lane
ATTENDANCE: Aldrin, Peak, Thompson
ABSENT: Seidman, Stephenson
BILLS: Patricia Harris……………………..$624.76
MEETING MINUTES: As referred in the March 16, 2011 Meeting Agenda
09 February 2011 M/S/C 3/0/0
16 February 2011 M/S/C 3/0/0
23 February 2011 M/S/C 3/0/0
09 March 2011 M/S/C 3/0/0
16 March 2011 Deferred
APPOINTMENTS:
7:16 PM Douglas Hoehn, SB&H Inc.
1) Form A Applications for Patricia Chaudhuri and Hilda Backus, AP 22A24
Mr. Hoehn submitted a Form A Plan of Land for Hilda Backus and Patricia Chadhuri creating one (1) building lot off a recently approved subdivision road, known as Rod’s Way. The lot in question met all of the dimensional requirements for the R!0 Zoning District.
Board members reviewed the plan, and did not have any issues with the proposed division of land. There being no comment, Mr. Peak entertained a motion to endorse the division of land presented in Plan No. MV10189, dated March 12, 2011 as an ANR. Mr. Aldrin so moved. Mr. Thompson seconded the motion, which motion carried.
2) Form A Application - Mr. Robert Hewett, AP 4G07
Mr. Hoehn submitted a plan of land for a proposal he had discussed with the Planning Board that created three (3) building lots, and explained that he had adjusted the property line between lots 2 and 3 to replace the land area that was displaced on adjusting the property line between lots 3 and 4. The adjustments essentially afforded Lot 4 the necessary frontage for the zoning district.
Mr. Peak noted that the original proposal was endorsed in the past as an ANR The existing dirt driveway, which was viewed as a right-of-way, which served to give access to the lot in separate ownership. At the time, the Planning Board recognized the frontage on the far side of the road and deemed the plan suitable for ANR consideration.
Based on historical action, the Planning Board opted to follow the same principle in their determination because the proposal was site specific. Under similar circumstances, the Planning Board could not consider the proposed division of land permissible as an ANR.
There being no further comment from the Board members, Mr. Peak entertained a motion to accept the proposal, as presented in the Plan of Land for R.F. Jewett, R.L. Jewett, and E.F. Jewett by Schofield, Barbini & Hoehn, dated March 23, 2011 (No. MV 7433) as an ANR, under the subdivision control law. Mr. Aldrin so moved. Mr. Thompson seconded the motion, and the motion carried. 3/0/0
7:40 PM Public Hearing: ZBL Amendment – To adopt a Zoning Regulation permitting Wind Energy Projects as a “Matter of Siting”
Attendance: None
Hearing commenced in due form at 7:40 PM. Planning Board Co-Chairman, Mr. Peak noted that the petitioner, being the Board of Selectmen had sent them a copy of a memo from the Town Administrator’s assistant, Mrs. Jones to the Town Clerk, dated 17 March 2011, informing them that the Selectmen had officially withdrawn the proposed bylaw from the warrant for Special Town Meeting on 5 April 2011 (herein attached).
Mr. Peak recommending closing the public hearing, since the proceedings were no longer necessary. Mr. Aldin so moved. Mr. Thompson seconded the motion. The motion carried. 3/0/0
The hearing was duly closed at 7:42 PM.
7:43 PM Public Hearing: ZBL Amendment – To adopt a Zoning Regulation under Section 10.03.05 proposing an expedited Permitting Process for energy projects
Attendance: None
Hearing commenced in due form at 7:43 PM. Planning Board Co-Chairman, Mr. Peak read the proposed bylaw in the hearing notice into the minutes of the record, and dispensed with the introductions, given that no was present to comment on the proposal, other than the Board members.
Mr. Peak advised the Board that the language in the public hearing notice had to be revised to reflect the language they were considering for the adoption of the large scale, ground mounted solar photovoltaic bylaw in s. 05.21.05. The proposed text was going into the administrative section of the bylaw, just to make clear that any such application was going to be acted on within a year, as required by the Green Communities Act.
A copy of the revised language was made available to the board in the form of a handout, as Mr. Peak read the text, as follows:
The Site Plan Review Board shall issue decisions for Large-scale Ground-mounted Solar Photovoltaic Installations in the Business District II within one (1) year from the date of initial application to the date of final recommendation.
There being no comment from the Board, Mr. Peak entertained a motion to have the Planning Board approve and support the amendment at Special Town Meeting. Mr. Aldrin so moved. Mr. Thompson seconded the motion, and the motion carried. 3/0/0
There being no objections, Mr. Peak entertained a motion to close the hearing and enter into deliberations. So moved Mr. Aldrin. Mr. Thompson seconded the motion, and the motion carried. 3/0/0 The hearing closed at 7:47 PM
7:47 PM Deliberations: ZBL Amendment – To adopt a Zoning Regulation under Section 10.03.05 proposing an expedited Permitting Process for energy projects
The deliberations commenced in due form at 7:47 PM. Mr. Peak, Planning Board Co-Chairman inquired if the board members had any issues with the revised language, or reporting a unanimous endorsement and recommendation at Special Town Meeting. Mr. Aldrin and Mr. Thompson replied in the negative, prompting Mr. Aldrin to endorse and support the following language:
The Site Plan Review Board shall issue decisions for Large-scale Ground-mounted Solar Photovoltaic Installations in the Business District II within one (1) year from the date of initial application to the date of final recommendation.
There being no further comment from the Board, Mr. Peak entertained a motion to close the deliberations. Mr. Thompson so moved and Mr. Aldrin seconded the motion, which motion carried. 3/0/0
The deliberation was duly closed at 7:49 PM.
7:50 PM Public Hearing: ZBL Amendment – To amend Section 02.00(Definitions) of the Tisbury Zoning Bylaw
Attendance: None
Hearing commenced in due form at 7:50 PM. Planning Board Co-Chairman, Mr. Peak read the public hearing notice into the minutes, and advised the Board that the petitioner (i.e. the Board of Selectmen) had sent them a copy of a memo via the Town Administrator’s assistant, Mrs. Jones, dated 17 March 2011 to inform them that they had officially withdrawn the proposed bylaw from the warrant for Special Town Meeting on 5 April 2011 (herein attached).
Mr. Peak recommending closing the public hearing, since the proceedings were no longer necessary. Mr. Aldin so moved. Mr. Thompson seconded the motion. The motion carried. 3/0/0
The Planning Board resumed their regularly scheduled meeting at the conclusion of the public hearing at 7:51 PM. Board members reviewed and voted on their meeting minutes, before opening the following hearing.
8:06 PM Public Hearing: ZBL Amendment - To amend Section 07.09 of the Tisbury Zoning Bylaw, entitled “Noise, Illumination and Odors”
Attendance: None
Hearing commenced in due form at 7:40 PM. And the Planning Board Co-Chairman read the public hearing notice into the minutes. Mr. Peak dispensed with the introduction of the board members and noted that the Board of Selectmen had once again officially withdrawn the proposed bylaw amendment via a copy of a memo from the Town Administrator’s assistant, Mrs. Jones, dated 17 March 2011.
With the withdrawal of the bylaw amendment, Mr. Peak recommended closing the public hearing, so that they could return to their regularly scheduled meeting. Mr. Aldin so moved. Mr. Thompson seconded the motion. The motion carried. 3/0/0
The hearing was duly closed at 8:09 PM.
8:10 PM Deliberations: ZBL Amendment - To adopt Section 05.21.05, Large-Scale, Ground-mounted Solar Photovoltaic installations in Business District II
The continuation of the 16 March 2011 deliberations were officially opened at 8:10 PM to consider a proposal to adopt the aforementioned language.
Mr. Peak, Planning Board Co-Chairman reminded fellow board members that the language they just approved for section 10.03.05 was incorporated in the handout, dated March 16, 2011 as a precaution. If the additional language in s. 02.04 was not accepted by the town moderator or town counsel, the language for the expedited permitting process would still have to be pursued as an addition to section 10.00, under s. 10.03.05.
The board was also reminded of the Building Inspector’s recommendation to include the R3A District. Mr. Peak thought it was too significant a revision to consider at this juncture. He saw no benefit in clear cutting the “Wedge” to accommodate solar panels. Mr. Aldrin recalled that participants at the hearing thought it was a subject the town could pursue in the future. Mr. Thompson concurred.
Mr. Peak recommended reviewing the bylaw amendment line by line to make sure the language was correct. At s. 02.04, Site Plan Review, Board members were reminded that the highlight language pertained to the expedited permitting process.
Mr. Peak noted that the word “other” and been incorporated into s. 03.01(a) iv of the revised draft, and asked what it replaced. The Board secretary referred to the state’s model bylaw, and verified that it replaced the word “overcurrent”. Board members commented that the original language should have been left in place as it referred to electrical devices.
As Board members reviewed the proposed language, they agreed that the following revisions should to be incorporated to reflect their preferences and/or to clarify the intent for the provision. The agreed upon revisions included the following language:
· s. 02.04 Site Plan Review
2nd paragraph: Site Plan Review shall included landscaping, fencing, lighting, architectural compatibility and scale.
· s.03.05.01 Setbacks
For large-Scale, ground-mounted Solar Photovoltaic installations, setbacks from all boundaries shall be no less than thirty (30) ft. Exceptions: Where the boundary abuts a Conservation-Recreation or Residential district, the setback shall not be less than fifty (50) feet. In a specific instance, if the Site Plan Review finds that there is no negative impact, the boundary setback may be reduced to as little as ten (10) ft. except where the property abuts a road.
· s.03.05.02 Appurtenant Structures
For the purposes of this bylaw, an appurtenant structure shall mean any structure other than solar photovoltaic panels or conductors, and shall include, but not limited to equipment shelters, storage facilities, transformers, and substations. Setbacks for appurtenant structures shall be the same as those in s. 03.05.01, and to the extent possible, shall be architecturally compatible.
· s. 03.06.02 Signage
Signs on large- scale ground-mounted solar photovoltaic installations shall comply with Tisbury Zoning Bylaw Section 05.23.01, (non-appurtenant signs) and 07.06 (Sign Regulations). A sign consistent with a municipality’s sign bylaw shall be required to identify the owner and provide a 24-hour emergency contact phone number.
Solar photovoltaic installations shall not be used for displaying any advertising. and may be used for Signage shall include the identification of the manufacturer or operator’s identification required for direction, security and safety. of the solar
photovoltaic installation only. Non-appurtenant signs are not permitted.
· .03.08.02 Land Clearing, Soil Erosion and Habitat Impacts
Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large – scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws. Vegetative screening within setbacks may be required by the Site Plan Review Board.
There being no further discussion, Mr. Peak entertained a motion to unanimously support the bylaw proposal as revised on special town meeting floor in their report. Mr. Aldrin so moved. Mr. Thompson seconded the motion, and the motion carried. 3/0/0
Mr. Peak entertained a motion to close the deliberations. Mr. Aldrin so moved. Mr. Thompson seconded the motion. The motion carried. 3/0/0
The deliberations closed at 9:22 PM
BOARD DISCUSSION:
1. Planning Board
RE: Meeting Schedule – March 30, 2011
The Planning Board’s meeting on March 30, 2011 was canceled. It was also agreed that the Planning Board’s meetings on April 4 and April 12, 2011 were to be re-scheduled to April 5 and April 11, 2011 at 6:45 PM to coincide with Special Town Meeting and Annual Town Meeting.
CORRESPONDENCE RECEIVED:
1. Aase Jones, Assistant to Town Administrator
RE: Withdrawal of Articles 5, 6 and 9, pertaining to Wind Turbines, Definitions for wind energy installations, and Noise, Odors and Illumination.
2. Jocelyn Hospital
RE: Invitation for Peer-to-Peer Listening Session on Wind (3/31/11 @6 6:30-9PM)
Board members were disappointed that they could not attend the meeting due to the late hour.
3. Oak Bluffs Planning Board
RE: Public Hearing Notice – ZBL Amendment
4. Tisbury Zoning Board of Appeals
A. Special Permit # 1106 – Island Housing Trust (Amendment), AP 25E25
B. Special Permit #2050 – Jennifer Oliver, AP 7D9
C. Special Permit #2052 – Moon Owl Realty LLC, AP 31A6
D. Special Permit #2054 – Howell Begle, AP 6D7
E. Special Permit #2055 - A2Z Resaurant LLC, AP 7N6
5. MV Commission
A. 18 March 2011 Extended Schedule
b. 24 March 2011 Meeting Agenda
6. Zoning Bulletin, 25 February 2011
PRO FORM Meeting opened, conducted and closed in due form at 9:30 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
Co-Chairman
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