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Planning Board Minutes 03/06/13

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


DATE:           March 6, 2013
TIME:                   7:09 PM

PLACE:          Town Hall Annex

ATTENDANCE:     Peak, Seidman, Stephenson, Thompson

BILLS:          UPS Store……………………………….$263.25
                        Postage ………………………………….$   6.77

MINUTES:                As referred in the, 2013 Meeting Agenda
                        20 February 2013        M/S/C           4/0/0


7:09 PM Public Hearing: Street List 2013
                Attendance: Mary Ellen Larsen, FinCom

Hearing commenced in due form at 7:09 PM. Planning Board Co-Chairman. Mr. Peak read the public hearing notice and acknowledged the one town official present for the hearing.

Board members were informed that the Street List for 2013 did not incorporate any revisions, because there were none to enter.

There being no further discussion, Mr. Peak entertained a motion to close the public hearing and enter into deliberations. Mr. Stephenson moved. Mr. Seidman seconded the motion.  Motion carried.   4/0/0
7:12 PM Deliberations: Street List 2013

Mr. Peak deferred to the Board members. Mr. Seidman indicated that he was prepared to enter a motion. He moved to adopt the Street List for 2013 as presented.  Mr. Stephenson seconded the motion, and the motion carried.  4/0/0

Mr. Stephenson moved to close the deliberations. Mr. Seidman seconded the motion. The motion carried.  4/0/0   The deliberations were duly closed at 7:13 PM.


1.      Zoning Bylaw Amendments
A.  Recommendations for Chris Flynn & Mark London
B. Medical Marijuana Treatment Centers (Moratorium)

a. Ms. Flynn and Mr. London were interested in meeting with the Planning Board to assist them with the zoning bylaw amendments they wanted to pursue for next town meeting.  They asked for a list of the bylaw amendments to prepare for the first set of discussions.  Board members indicated that they wanted to revise the Waterfront Commercial District regulation and the proposal for the moratorium.

b. Board members were notified that the Board of Selectmen had decided to pursue a moratorium as a zoning bylaw amendment, which meant that the Planning Board had to conduct the public hearing by state statute.  

The Board Secretary reported that the hearing notice had been prepared and sent to the local newspaper for publication. The warrant article was also prepared for submittal to the Town Clerk and Finance & Advisory Committee as a late filed article. Mrs. Jones was to present the article to the Finance & Advisory Committee, while the Planning Board held the hearing for a recommendation at Town Meeting on March 27, 2013.

Mr. Seidman and Mr. Stephenson thought the opening paragraph should have been written so that everyone clearly understood that they were proposing a moratorium. The proposed bylaw amendment did not clearly mention the intent until midway through the document.  

Board members were advised that the Board Secretary had to schedule the hearing outside of their regular meeting schedule to accommodate the Board of Selectmen’s request.  Board members understood and did not have an issue with the additional meeting date.

Board members were also advised that a conflict existed on March 20, 2013. Given that the Tisbury School Committee responded to their invitation for a joint meeting on March 20, 2013 just the other day, the Board Secretary assumed they would not be available and scheduled a public hearing that same date at 7:30 PM.   If they were going to meet with the Board of Selectmen at 7:00 PM to appoint an Associate Member, and conduct a hearing for a special permit at 7:30 PM they could not accommodate the Tisbury School Committee at 7:15 PM.
Board members recommended keeping the 7:00PM appointment with the Board of Selectmen, and postponing the public hearing from 7:30 PM to 8:00 PM, so that they could meet with the School Committee at 7:05 PM.  The Board Secretary was to call the applicant to inform him of the conflict and recommend the 8:00 PM appointment.

2. Shared Use Paths
RE: Draft Letter of Support

Board members reviewed and approved of the draft letter to the state in support of the town’s application for funds to improve Beach Road, which included a Shared-use Path.

3. Tisbury School Committee
RE: Appointment on 3/20/13 @ 7:15PM

Planning Board members recommended contacting Colleen McAndrews to see if she can have the School Committee Members meet with the Planning Board at 7:05PM.

4. Stop & Shop
RE: Architectural Plans and plans for the BI District (SUPs, Union Street)

Mr. Stephenson inquired if the Planning Board sent the letter he had presented to the Board members at the previous meeting. The Board Secretary replied in the affirmative.

Mr. Stephenson wanted to make sure that the MV Commission received the letter before the LUPC meeting on March 11, 2013 because it contained the elemental points that concerned the Board.

Mr. Stephenson mentioned that he planned to attend the LUPC meeting to represent the Planning Board at the discussions and to make sure that their concerns were entered into their record. He encouraged the Board to join him.

5. Warrant Articles

Mr. Peak submitted a draft letter to the Planning Board members he had prepared to send to the Board of Selectmen to inform them of his conversation with the DPW Commissioners and of their decision to withdraw their article  for $15,000.00 to develop the “pocket park” at the former location of the fire station as a result of the discussions.

Mr. Peak expressed frustration at the lack of communication between departments and  the resulting duplicity of effort. The letter to the Board of Selectmen was intended to initiate a dialog regarding the property’s development with the Planning Board and to present Mr. Stephenson’s conceptual design. Mr. Peak wanted to share the DPW’s concerns and to learn about the Board of Selectmen’s proposal, which has yet to be unveiled in a public forum.

Mr. Peak indicated that he wanted to strongly encourage a discussion with the Board of Selectmen and DPW Commissioners prior to town meeting; so that they could present a “well defined” proposal and/or field questions.

As board members reviewed the letter, Mr. Peak thought he should add a separate paragraph stating, “The proposal outlined in this revised sketch could accommodate the current parking arrangements of the adjacent hotel. However, it does not imply, nor is the town making any commitment legally to maintain that access should other uses of the property in the future require that it be discontinued”.

Mr. Peak noted that he had omitted the standard closing remark, where the intended parties were to  contact the Planning Board’s Office about a convenient time. He asked the Board Secretary to send the DPW a separate memo with their cc: to convey the Planning Board’s interest in a joint meeting with them.


1.  Marion Mudge, Town Clerk
A. STM (04/09/13) Deadline for Warrant Articles (02/22/13)
B. Conflict of Interest (Online Training requirement)

2. David Nathans, Exec. Dir – Martha’s Vineyard Museum
RE: Establishment of a Cultural District in Vineyard Haven (Meeting on 3/7/13)

Mr. Peak indicated that he planned on attending the informational meeting. The Board Secretary was to respond to the invitation on his behalf. It was suggested that she should reserve space for two or three members.

3. Robert Aldrin, Planning Board Member
RE: Leave of Absence

Board members read Mr. Adlrin’s email regarding his situation and need for a leave of absence. They did not want to entertain his offer to resign. All wished Mr. & Mrs. Aldrin a speedy recovery.

4. Tisbury Zoning Board of Appeals
RE: Case #2138 – Frank Jennings, AP 22A19.2 (outdoor display of rental bikes)

5. West-Thomson
A. Zoning Bulletin, 25 January 2013
B. Zoning Bulletin, 10 February 2013

6. MV Commission
A. 01 March 2013 Extended Schedule
B. 04 March 2013 LUPC Meeting Agenda
C. 07 March 2013 Commission Meeting Agenda

PRO FORM        Meeting opened, conducted and closed in due form at 8:45 P.M.   
                        (m/s/c  3/0/0)          
Respectfully submitted;
Patricia V. Harris, Secretary

APPROVAL:       Approved and accepted as official minutes;

______________          _________________________
Date                    Henry Stephenson