Tisbury Select Board
Wednesday March 13, 2024
Clickable Transcript Printable Transcript Agenda
The order of items in transcripts appear in the chronological order in which they were taken up. Some Agenda items may have been skipped.
DEPARTMENT AND COMMITTEE REPORTS - Planning Board Request for Referral
The public hearing discussed the development proposal for 0 Goodale Way in the light industrial manufacturing overlay district off Holmesville Road in Oak Bluffs, highlighting the planning concerns of Tisbury as an abutter. Ben Robinson of the Tisbury Planning Board addressed the potential for the project to trigger Development of Regional Impact (DRI) checklist items, having notified the Oak Bluffs Planning Board. Uncertainty exists over the proposal's adherence to these requirements, with discourse on whether it fulfills conditions for a DRI, specifically referencing square footage thresholds and the impact on designated priority habitat areas. The hearing touched on coordination between Tisbury and Oak Bluffs in reviewing the application, with suggestions for a cross-town referral similar to past instances for projects affecting neighboring towns. Representatives for the project argued against it triggering DRI checklist items, emphasizing an interpretation of the rules that may exempt certain aspects of the proposal. The conversation also covered the need for dialogue between the towns and the project applicants to better understand the proposal and address concerns through appropriate planning board channels. The hearing concluded with expressions of frustration from Phil Hale regarding the process and the treatment of the proposal, urging a more holistic consideration and rejecting the notion of a need for referral to the MVC, emphasizing the project's alignment with local regulations and its impact on the community.
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DEPARTMENT AND COMMITTEE REPORTS - Affordable Housing Committee
Victor Capoccia, representing the Community Preservation Committee, provided an update to the planning board and others on the efforts of the affordable housing committee. The committee has been actively addressing housing concerns in Tisbury and identified two primary priorities: managing the impact of short-term rentals and expanding the availability of accessory dwelling units (ADUs) by right. They aim to balance the economic benefits of short-term rentals with the need to preserve housing for long-term residents and are exploring legislative and regulatory adjustments to facilitate more ADUs. Despite notable progress, challenges in defining and implementing these initiatives have led to a delay in proposing changes to the spring town meeting, with a new target of presenting revised bylaws in the fall. Additionally, Capoccia mentioned plans for a community meeting to engage with and gather concerns from residents. The committee, comprising six members with one vacancy, remains dedicated to a collaborative and holistic approach toward addressing housing issues. Cutrer and Capoccia briefly discussed rental incentives and potential tax accommodations for seasonal properties converted to long-term rentals, highlighting an example of state-level adoption of such incentives.
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DEPARTMENT AND COMMITTEE REPORTS - Harbormaster Update
The discussion focused on the town's need to enter a tolling agreement with the Army Corps of Engineers to address a longstanding compliance issue regarding mooring permits, a problem persisting for nearly two decades. Kim Elias, acting for the absent John, outlined the necessity of the agreement for progressing with permit applications that would enable the town to lease private moorings, thereby recovering lost revenue. The proposal suggests the select board empower the town administrator to finalize and execute this agreement, pending legal review. Jay Grande, from the Tisbury School Committee, supported the action, emphasizing its importance for moving forward. Concerns were raised by Lynne Fraker about potential weaknesses in the application and unanswered questions regarding the implications of the new permit system, including coverage of mooring types and the necessity for individual permits. Despite these concerns, a motion to proceed with the agreement was put forward and supported by a roll call vote.
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CONTINUED PUBLIC HEARING Island Shark Taxi application
The public hearing discussed the application for a new taxi DJ license by Island Shark Taxi Incorporated, previously known as Triple A Taxi. Attorney David Doneski from KP Law addressed the board, mentioning a memo from attorney Larocoche challenging the board’s authority based on state conflict of interest laws that have been amended. Doneski argued the board could proceed with the application as there's no limit on the number of taxi licenses issued and suggested if fairness was a concern, the board could open applications to others. Further discussions involved the clarification on where taxicabs would be stored, with a residential address mentioned, raising concerns about compliance with zoning regulations. Attorney Erik Hammarlund and Anthony Harpula provided clarifications on vehicle storage and the expected operational focus around the Steamship Authority area. Members of the board expressed their views on market competition, regulatory updates, and ensuring safe and professional service. A motion was proposed by Cahill to close the hearing and approve Island Shark Taxi’s application with conditions, such as confirming parking in an appropriately zoned area. The board contemplated forming a group to address regulations and inspections for taxi companies, with further discussion on involving local authorities and revisiting taxi regulations for clarity and uniformity among towns. Ultimately, the hearing was closed following procedural recommendations.
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DEPARTMENT AND COMMITTEE REPORTS - Conservation Commission Staffing
In the meeting, Grande discusses potential flexibility in funding for the Conservation Commission's staffing needs, suggesting that additional funds might be allocated directly to the conservation budget or through a separate warrant article, depending on the Finance and Advisory Committee's (FINCOM) advice. Grande emphasizes the importance of formally addressing the Commission's staffing requirements, including the need for a permanent position that should be ready by July 1, 2025, to ensure a smooth transition before the current conservation agent, Jane Barkonda, retires in June 2025. John Best, representing the Town of Tisbury, expresses the necessity of having an overlap with Barkonda before her retirement and is open to Grande's proposals if they meet this timeline. There's also mention of a pending discussion with FINCOM about potentially accepting a late-filed article for the Conservation Commission and the Harbor Master Office, with the decision anticipated to be made that evening. Grande confirms their attendance at the FINCOM meeting, with the expectation that all funding options will remain open for consideration.
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DISCUSSION AND POTENTIAL VOTES - Wastewater and Sewer
Michael Alvarez, representing the Tisbury town and the Sewer Advisory Committee, discussed recommendations regarding wastewater projects, including the approval for Martha's Vineyard Bank's request for a 6,360-gallon per day flow capacity, conditional on future nitrogen management, and the denial of a similar request for an affordable housing project at Lobster Alley. The approval for the bank aims to support a new workforce housing project but comes with potential future conditions due to nitrogen offset requirements. Members of the public hearing expressed confusion over nitrogen reduction considerations and requested clarity on project timelines and conditions for approval. James Anthony, from Martha's Vineyard Bank, highlighted the critical need for workforce housing on the island and detailed the bank’s project process, including necessary approvals and construction timelines. The discussion also covered the challenges posed by regulatory requirements on flow capacity and the need to balance housing development with environmental considerations, particularly nitrogen mitigation.
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DISCUSSION AND POTENTIAL VOTES - Updated Budget Reports and Warrarnt Articles
The discussion centered on several key points related to infrastructure and development projects in the area, notably the 35 Lobster Alley affordable housing project, also referred to as Cat Hollow or Lobster Alley for the IHT. It was highlighted that there were considerations for extending sewer districts to encompass new developments, but some areas like 35 Lobster Alley were currently not viable for sewer service connection due to insufficient flow capacity. Several motions were made to approve or deny sewer service connections for various properties, reflecting the ongoing efforts to manage the town's wastewater infrastructure effectively. Additionally, there was mention of possibly withdrawing certain warrant articles, one of which pertained to a library renovation and extension project due to the need for a more detailed cost estimate. Another discussion involved a $400,000 warrant article for extending the wastewater line to the library, with the Sewer Advisory Committee recommending further evaluation of the current septic system. The flood hazard mitigation article also underwent scrutiny, particularly the proposed subsurface drainage basins at an old fire station lot, with concerns about soil contamination and the overall effectiveness and impact of the project leading to a reconsideration of the best path forward for stormwater management and environmental protection.
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DISCUSSION AND POTENIAL VOTES - Close of Annual Town Meeting Warrant
The discussion focuses on the closing of the annual town meeting warrant and the schedule for the upcoming finance and advisory committee meeting, which falls on March 20th. John Cahill highlights a coordination issue with another meeting but notes this doesn't add pressure to their discussion. Jay Grande proposes a motion to close the annual town meeting warrant, potentially including late-filed articles approved that evening, specifically referencing amendments and a conservation-related article. There's an additional discussion about including a consultant fee in the select board consulting fees budget, which Grande acknowledges hasn't been included yet but will be adjusted after budget reviews. Grande also reminds the group about the deadline for non-appropriation articles for a special town meeting set for April 12th.
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TOWN ADMINISTRATOR REPORT - MS Bike Ride
The section covers the approval motion for the 2024 MS Bike Ride event scheduled for May 4th, with the route including Tisbury. Colarusso brings up the necessity of potentially bypassing a federal regulation if the event's route includes crossing a bridge, prompting Grande to consider revisiting the route for compliance.
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TOWN ADMINISTRATOR REPORT - Payroll Warrant
Christina Colarusso presented and motioned to approve three payroll warrants during a session. These warrants were for the dates February 22, 2024 ($405,443.85), February 29, 2024 ($171,647.13), and March 7, 2024 ($399,531.70).
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TOWN ADMINISTRATOR REPORT - Bills Payable Warrant
Colarusso proposed a motion to approve various bills payable warrants totaling $6,464,753.29 for different dates ranging from February 13, 2024, to March 5, 2024, with specific amounts allocated for each date. These bills included payments of $253,895.97 on February 13, $43,224.56 on February 16, $1,532,441.6 on February 20, $3,824,678.86 on February 27, and $810,512.30 on March 5.
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TOWN ADMINISTRATOR REPORT - Class II License Renewal
the discussion moved towards the renewal of a class 2 license, with Cutrer leading the conversation.
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MEETING ADJOURNMENT
The meeting concluded with a motion to adjourn, followed by the official declaration that the meeting was adjourned.
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