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Planning Board Minutes 03/14/12

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


DATE:           March 14, 2012
TIME:           7:00 PM

ATTENDANCE:     Aldrin, Peak, Stephenson, Thompson
ABSENT:         Seidman

PLACE:          Town Hall Annex

BILLS:          Verizon……………………………….$51.52

MINUTES:                As referred in the March 7, 2012 Meeting Agenda
                        07 March 2012   Deferred


7:00PM  Ezra Sherman, Re: 95 Beach Road

Mr. Sherman informed the Board that he was entering into a limited partnership with Chris Sze . He wanted to informally explore a couple of ideas for the use of the commercial space at the above location. He assumed Mr. Sze had scheduled an appointment with the Planning Board.

Mr. Peak advised him that recent changes in the open meeting law prevented them from holding discussions without due notice. He suggested scheduling an appointment with the board secretary. The Board Secretary noted that there was an appointment available at 7PM on March 28, 2012. And this was acceptable to Mr. Sherman.  

7:10 PM Deliberations (Cont.): Special Permit Application by John G. Early                      Contractor (Sign) AP 22A01

The deliberations were continued at 7:10 PM. Mr. Peak, Planning Board Co-Chairman noted that the applicant, Mr. Early was replacing the previously permitted sign erected by Ms. Robinson, who was no longer operating in the Holmes Hole Business Park.

The new sign will reflect the new businesses in the business park, and will be maintained by the applicant.  

Based on the discussions and decision to approve the application on March 7, 2012, a draft decision was prepared for the Board’s review and endorsement.  Mr. Peak referred the Board to the draft decision and read through the Findings and Conditions & Restriction.  Minor grammatical corrections were suggested, except for Condition No. 3.

Mr. Peak recommended revising the Condition to include the words” the overall height and width”.

There being no further comment or suggestions, Mr. Peak entertained a motion to approve of the decision as amended. Mr. Stephenson so moved. Mr. Thompson seconded the motion, which motion carried.  3/0/0   Mr. Aldrin abstained

Mr. Peak entertained a motion to close the deliberations. Mr. Stephenson so moved. Mr. Thompson seconded the motion, and the motion carried.  3/0/0  Again, Mr. Aldrin abstained.

The Planning Board resumed their regularly scheduled meeting at 7:22 PM   Mr. Thompson departed shortly after at 7:25PM.


1. Jonathan Silverstein, K&P, PC
RE: Land Use Topics for discussion

Mr. Peak inquired if Mr. Silverstein would consider meeting with them until after the Annual Town Meeting to give them time think about the land use topics they’d like to address.  He asked the Board members to think about the topics they’d like discuss.

2. Warrant Articles

Board members were advised that the Board of Selectmen had submitted an article proposing a zoning bylaw amendment. This warrant article was brought to the Board Secretary’s attention by Mrs. Jones, because she wanted to make sure that the bylaw amendment could be pursued on town floor.

The Board Secretary advised Mrs. Jones that the Planning Board could not entertain the bylaw amendment at this time, because it would not meet the state statute’s minimum requirements.

3. Bay State Road Program/Vineyard’s “Mass in Motion”
RE: Complete Street’s Workshop (03/20/12)

Mr. Peak and the Board Secretary were to sign up to attend the workshop.

4. Carly Simon, AP 55A04
RE: Zoning Violation (Cont.)

Mr. Peak indicated that he spoke with Mr. Hoehn to inform him of the Board’s discussions and recommendations. Because they were unable to finish the conversation, he planned to pay Mr. Hoehn a second visit.

Mr. Aldrin was of the impression that the Board had decided that the applicant could not meet the requirements for the two options Mr. Hoehn presented. Mr. Peak concurred, noting that they had recommended raising the possibility of having the applicant consider applying for a cluster development, if she was willing to make certain concessions.

Mr. Peak understood from the Board Secretary that the Building Inspector questioned whether the applicant would be able to meet some of the proposal’s requirements, without variances. Mr. Peak was to discuss the subject with the Building Inspector, then approach Mr. Hoehn.


1. Tisbury Board of Selectmen
RE: 03 April 2012 Town Meeting Warrant

Board members were advised that Mr. Bugbee had submitted a zoning bylaw amendment for the annual town meeting without discussing his proposal with the Planning Board. Board members noted that the time frame required by state statute had long expired. Mr. Bugbee was to be advised that they could not entertain or recommend the amendment at this time.

2. Paul Wohler, Superintendent (Water Works Dept)
A. Vineyard House Development, Short Hill Road

B. 04/03/12 STM Art. Allowing NStar to lease space on the water tower tank

Mr. Wohler’s article recommended an amendment of a previously endorsed warrant article stating that public utility companies entering into a lease with the water department were required to comply with the zoning regulation pertaining to Wireless Telecommunication Facilities.   

Mr. Peak thought the language could be made clearer by adding “pertaining to Wireless Telecommunication Facilities in section 07.16.  Board members agreed.

3. Tisbury Conservation Commission
RE: Public Hearing Notice – 48 Hatch Road Trust, AP 05G03 (topographical alterations to accommodate an addition to an existing dwelling)

Mr. Peak was surprised at town counsel’s ruling. Mr. Barwick indicated that counsel did not believe the applicant was required to obtain a special permit. Mr. Peak disagreed, noting that the pre-existing building in question was in the shore zone, did not have frontage, and was sited on a non-conforming lot.

4. MV Commission
A. 09 March 2012 Extended Schedule
B. Jo-Ann Taylor – Island Road District of Critical Planning Concern

Board members were advised that the MV Commission may be rendering a decision on the Tisbury MarketPlace and holding a new hearing on Cronig’s proposal for Solar Panel canopies.

5. Massachusetts Municipal Association
RE: TheBeacon, March 2012

6. Fred LaPiana, DPW
RE: Vineyard House Inc.

Mr. Peak recommended forwarding the DPW’s letter so that Mr. Reid can correct the discrepancies in the number of parking spaces on the plans, and incorporate the notation recommended by Mr. LaPiana in regards to the easement.

7. MV Museum
RE: Letter of Support

Board members, at Mr. Stephenson’s request and recommendation agreed to write the Massachusetts Cultural Council a letter in support of the MV Museum’s grant application.  

PRO FORM        Meeting opened, conducted and closed in due form at 8:45 P.M.           (m/s/c  4/0/0)