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Planning Board Minutes 07/18/12

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


DATE:           July 18, 2012
TIME:           7:11 PM

PLACE:          Town Hall Annex

ATTENDANCE:     Aldrin, Peak, Seidman, Stephenson and Thompson

BILLS:          P. Harris (Mileage)……………………..$8.88

MINUTES:                As referred in the July 11, 2012 Meeting Agenda
                        13 June 2012            m/s/c           3/0/0
                       20 June 2012            m/s/c           3/0/0
                        11 July 2012            m/s/c           3/0/0


7:00 PM House Business

7:15 PM     Public Hearing (Cont.) – Special Permit Application by Peter Simon, Mobile                 Food Truck, AP 09B31.2
               Attendance:  Melinda Loberg, Finance & Advisory Committee Representative

The hearing was duly opened and continued at 7:23 PM.  Planning Board Co-Chairman, Mr. Peak read the notice into the minutes and reminded the Board that the hearing was left open to enter the MV Commission’s determination. The applicant’s proposal was referred to the MV Commission for a concurrence vote due to its location and potential for traffic generation.

Mr. Peak informed the Board that they had received a letter from the MV Commission dated 16 July 2012, stating that on 09 July 2012 the commissioners voted not to concur with the recommendation that the applicant obtain the abutting property owner’s (MV Shipyard/ Mr. Hale) consent for proposed use. Said letter was read in its entirety for the record. Mr. Peak further noted that Mr. Hale had attended the hearing last week, at which time the applicant agreed to address the three issues Mr. Hale raised during the discussions. Mr. Hale appeared satisfied with the applicant’s solutions and agreed on a gentlemen’s agreement.

The Planning Board Co-Chairman, Mr. Peak asked the Board members if they had additional questions of the applicant or comments on the proposal. Mr. Stephenson replied in the affirmative, noting that amplified sounds in a desolate location, especially around water can carry across a bit of distance. He thought it would be prudent, as a matter of policy to ask everyone utilizing music as an adjunct to their operations to limit (time restriction) or shut off the radio. Mr. Seidman was concerned about incorporating the restriction, since they did not impose a similar curfew on ArtCliff Diner’s operations. Mr. Stephenson noted that the Board was not familiar with the operations at the time, and has since learned that they have overlooked potential issues. He did not believe they should repeat the error.  

Mr. Seidman was of the opinion that unless the Board made the restriction retroactive, it would be discriminatory against Mr. Simon. Mr. Stephenson thought they had to address the issue.

Mr. Peak did not believe the applicant intended to use the sound of music as a promotional tool, but to create a certain ambience in the immediate vicinity of his operations for his patrons.  He reminded the Board that the purpose for a short-termed permit was to give applicant an opportunity to try out a new business venture, and to give the Town the ability to monitor the business, and to address any unforeseen issues.

Mrs. Loberg noted that the town had a noise ordinance and did not understand why the Board would grant the applicant the ability to play his music beyond the hours specified in the regulation. Mr. Peak understood, noting that the permit allow the town to monitor the applicant’s operations so that if there was a problem or complaints, the applicant would be required to cease the use of music.

Mr. Peak inquired about the use of lights. Mr. Simon replied that he wanted to use a string of multicolor (red, gold and green) lights on his truck.

Board members were asked for additional comments, and there being none, Mr. Peak entertained a motion to close the public hearing and enter into deliberations. Mr. Stephenson so moved. Mr. Thompson seconded the motion, which motion carried  5/0/0

The hearing was duly closed at 7:44 PM

7:45 PM     Deliberations – Special Permit Application by Peter Simon, Mobile Food Truck, AP              

The deliberation of the previously closed hearing was duly opened at 7:45 PM.  Mr. Peak, Planning Board Co-Chairman asked the Board Members if they believed they had sufficient information to make a determination. A response in the affirmative from the Board prompted Mr. Peak to entertain a motion to grant a special permit to Peter Simon for the operation of a food truck, as proposed until the end of this calendar year, subject to conditions and restrictions.  Mr. Seidman so moved. Mr. Aldrin seconded the motion, and the motion carried.  5/0/0

Mr. Peak referred the Board Members to a draft outline for a special permit that was prepared by the Board Secretary only as a guide. Board members were instructed to follow the outline in their discussions once they’ve rendered a determination.  

Mr. Peak asked the Board to review the Findings generated by the Planning Board Secretary. The information reflected the specifics of the applicant’s proposal as listed in the letter of application, and as presented at the hearings.  Board members were asked to review the Findings & Conditions for potential corrections and additions. They are as follows:

·       Finding #4
The applicant in his letter of application … The applicant further clarified that he does not plan to be open for business every day, but will limit the days of his operations to Thursdays – Sundays.
·       Finding #5
… building between the planters. The benches will not clash with the existing structure and will be left in place during the day for use by the general public
·       Finding #7(b)
… of property for the operation of the mobile food truck and use of bathroom facilities for employees.
·       Finding #9
The applicant testified that the truck will be lit internally and with some exterior lighting attached to the vehicle.
·       Finding #10
        The applicant offers and the Board accepts that music will be kept at a level for ambient enjoyment, as opposed to a volume intended to attract attention or be otherwise promotional.
·       Condition #2
This permit is limited and expires December 31, 2012.
·       Condition #4
The applicant will assure that all lighting from the vehicle is directed so as to have no detrimental effect on Beach Road traffic.
·       Condition #5.
If the music gives rise to problems or complaints, the applicant will make remedial adjustments
·       Condition #8
Patrons will not be allowed to park on adjacent properties except, as agreed, on the immediately adjacent property of Martha’s Vineyard Shipyard.

There being no further comment from the Board Members, Mr. Peak entertained a motion to accept the document as modified for the applicant’s special permit. Mr. Stephenson so moved. Mr. Seidman seconded the motion, which motion carried. 5/0/0

Mr. Peak entertained a motion to close the deliberations. Mr. Stephenson once again moved the motion. And Mr. Seidman seconded the motion. The motion carried:  5/0/0 The deliberations were duly closed at 8:15 PM.


1. Planning Board
RE: Election (Co-Chairman)

Board members were advised that they did not elect their officers at the time they voted for their appointments.

Mr. Aldrin thought Mr. Peak and Mr. Stephenson worked well as their officers. Mr. Thompson did not have an interest in serving on the board as an officer.  Mr. Peak and Mr. Stephenson agreed to service one more year as Co-Chairmen.

Mr. Seidman moved to re-appoint Mr. Peak and Mr. Stephenson as Co-Chairmen of the Planning Board. Mr. Aldrin seconded the motion, which motion carried.  5/0/0

2. Planning Board Meeting Schedule

Mr. Seidman asked the Board if they would consider reducing the Planning Board’s number of meetings on a regular basis, such as two meetings per month, instead of four.

Mr. Stephenson requested additional time to think about the proposal.

Mr. Seidman clarified that he was proposing to schedule where the Board would meet on alternating weeks (i.e. second and fourth week or first and third week). For the months with five weeks, Mr. Seidman recommended giving themselves the option of meeting on the fifth week only under special circumstances or when necessary.

Mr. Stephenson and Mr. Aldrin favored the recommendation. Mr. Peak had some reservations, but agreed to place the subject on the agenda for next week.


1.  Tisbury Board of Health
RE: RM Packer Co. Inc, AP 10B01

Mr. Peak, at the Planning Board Member’s request read the letter in its entirety.
2. MV Commission
A. Pachico Family Trust ANR (non concurrence)
B. Peter Simon (non concurrence)
C. 13 July 2012 Extended Schedule

3. Tisbury Conservation Commission
A. Public Hearing Notice – Calvin Linnemann, AP 11A29.1 (cutting of trees)
B. Public Hearing Notice – Eve Chilton Weinstein, AP 3B01 (construction/wood pier)
C. Public Hearing Notice – David Franz, AP 17A08 (septic upgrade)

4. Tisbury Zoning Board of Appeals
RE: Special Permit #2120 – Reeve Moreau, AP 07D13 (lemonade stand/Union Street)

PRO FORM        Meeting opened, conducted and closed in due form at 8:44 P.M.           (m/s/c  5/0/0)          
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