TOWN OF TISBURY
SPECIAL TOWN MEETING
TUESDAY, April 6, 2010 at 7:00 PM
The Special Town Meeting of the Town of Tisbury was called to order by Moderator, Deborah Medders at 7:10 PM, on April 6, 2010, at the Tisbury School Gymnasium/Auditorium with a quorum of 101+ present. Ms Medders reminded the audience of the following:
1. All non-registered voters are to be seated in the section to the Moderator’s left.
2. All of the school property is smoke free.
3. All aisles must remain open
4. All cell phones except those used by emergency personnel must be turned off.
5. Microphones are located at either side of the back of the auditorium and one at the front podium. Speakers are asked to identify themselves prior to addressing an article.
6. All amendments must be made in writing. Supplies are available at the checkers’ tables.
7. If the meeting continues until 10 PM, the voters will be asked if they wish to continue or adjourn to another day.
8. After reading the call of the warrant and the return of service, the Moderator declared them to be in order.
9. The Board of Selectmen requested that Articles 8 & 9 be grouped together with Article 9 acted on first. Hearing no objections, the consent calendar was adopted.
Counters for the evening were George J. Balco, Kenneth A. Barwick, Richard H Clark, Jr., Larry J, Gomez, Shirley S. Kennedy and Denys Wortman.
There were 124 names checked on the voting list.
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APRIL 6, 2010 |
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Article 3 |
TO AUTHORIZE THE TREASURER-COLLECTOR TO ENTER INTO A COMPENSATING BALANCE AGREEMENT |
7:12 PM |
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Article 9 |
TO CONSTRUCT A CONNECTOR ROAD AND ACCOMPANYING SHARED USE PATH |
7:47 PM |
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Article 8 |
TO ACQUIRE ROADWAY, SHARED USE PATH AND CONSTRUCTION EASEMENTS |
7:50 PM |
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Article 12 |
TO AMEND ZONING BYLAW FLOOD/STORM DISTRICT |
7:58 PM |
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Article 13 |
TO AMEND SECTION 04.03.13 OF THE ZONING BYLAW ACCESSORY APARTMENT |
7:59 PM |
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Article 2 |
TO ELECT A FISH COMMITTEE |
7:59 PM |
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Article 11 |
TO ACQUIRE A SHARED USE PATH EASEMENT |
8:05 PM |
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Article 5 |
to authorize an easement for nstar and verizon for utility service to affordable housing units on lambert’s cove rd |
8:11 PM |
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Article 4 |
TO AUTHORIZE THE TREASURER TO BORROW IN ANTICIPATION OF REVENUE |
8:12 PM |
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Article 1 |
TO OBTAIN OFFICIAL BONDS |
8:14 PM |
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Article 6 |
TO JOIN DUKES COUNTY OTHER POST-EMPLOYMENT BENEFITS (OPEB) TRUST FUND ESTABLISHED UNDER H4105 |
8:14 PM |
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Article 10 |
TO GRANT A UTILITY EASEMENT |
8:25 PM |
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Article 7 |
It was moved and seconded to take no action on Article 7. The motion failed. |
8:29 PM |
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to adopt penalty schedule for violations of the town’s policy of no dogs allowed in municipal buildings |
8:31 PM |
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THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE MEETING, IT WAS MOVED, SECONDED AND VOTED TO ADJOURN WITHOUT DAY. |
8:31 PM |
TO OBTAIN OFFICIAL BONDS
Acting on Article 1, the Town voted unanimously to instruct the Selectmen to obtain of the Town Officers from whom bonds are required in FY2011 only such bonds as are secured by regular bond and surety firms and, when the bond of any Town Officer is accepted by the Selectmen, that the Town shall bear the expense of the amount paid by him or her for said bond.
TO ELECT A FISH COMMITTEE
Acting on Article 2, the Town voted unanimously to elect Charles Conroy, Janet Messineo, and Ronald Rose as a Fish Committee, in FY2011, pursuant to the provisions of Chapter 40 of the Special Acts of 1847 as it relates to the regulation of herring fishing at Chappaquonsett Pond and Creek and access thereto.
tO AUTHORIZE THE TREASURER-COLLECTOR TO ENTER INTO A COMPENSATING BALANCE AGREEMENT
Acting on Article 3, the Town voted unanimously to authorize the Treasurer-Collector to enter into a compensating balance agreement or agreements for Fiscal Year 2011 pursuant to Chapter 44, Section 53, of the Massachusetts General Laws.
tO AUTHORIZE THE TREASURER TO borrow in Anticipation of revenue
Acting on Article 4, the Town voted unanimously to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow from time to time, in anticipation of revenue for Fiscal Year 2011, in accordance with the provisions of Massachusetts General Laws, Chapter 44, Section 4, and to issue a note or notes therefor, payable within one (1) year, and to renew any note or notes as may be given for a period of less than one (1) year, in accordance with Massachusetts General Laws, Chapter 44, Section 17.
VOTED: UNANIMOUSLY IN FAVOR
TO authorize an easement for NSTAR and Verizon for utility service to Affordable Housing Units on Lambert's Cove Road
Acting on Article 5, the Town voted unanimously to grant a 10 foot, more or less, wide easement to NSTAR Electric Company and VERIZON New England (the Grantees) to locate, relocate and erect, construct, reconstruct, install, lay, dig up, operate, maintain, patrol, inspect, repair, replace, alter, change the location of, extend or remove one or more lines for the transmission and/or distribution of electricity for light, heat, power or other purposes and/or one or more lines for the transmission and/or distribution of intelligence by electricity or otherwise, and all necessary and proper wires, cables, conduits, conductors, transformers, transformer enclosures, foundations, platforms, pedestals, terminals, insulators, fittings, switches, poles, crossarms, guys, braces, anchors, supports, manholes,
handholes, street light standards and fixtures, and other apparatus, equipment and fixtures necessary for the foregoing purposes, along, upon, under, across and over that certain parcel of Town owned land in Tisbury described as property off Lambert’s Cove Road, shown as Assessors’ Maps Parcel #56-A-7.
tO Join dukes county other post-employment benefits (OPEB) trust Fund established under H4105
Acting on Article 6, the Town voted to accept the provisions of H4105, entitled “An Act Authorizing the Government Employers in the County of Dukes County to Establish a Pooled Other Post-Employment Benefits Trust Fund,” as it may be enacted, and vote to join the Dukes County Pooled OPEB Trust Fund.
tO adopt penalty schedule for violations of the Town’s policy of No dogs Allowed in municipal buildings
Acting on Article 7, the Town voted to adopt the following schedule of penalties for violations of the Town Policy of No Dogs allowed in municipal buildings, other than those exemptions outlined in the Town Policy:
First Offense – Written warning
Second and subsequent offenses - $25.00 penalty.
TO acquire ROADWAY, SHARED USE PATH AND construction easements
Acting on Article 8, the Town voted to acquire by gift, purchase or eminent domain, permanent roadway, shared use path, permanent grading and/or temporary construction easements over, in and through portions of properties located in the vicinity of Holmes Hole Road and Edgartown-Vineyard Haven Road and shown on Tisbury Assessors’ Maps as Parcels #22-A-6, 22-A-4.2, 22-A-4.3, 21-B-31, 21-B-31.2, 21-B-31.1, 21-B-32, 20 A 3, 22-A-1, 22-A-6 and 22-A-9 as shown on the “Proposed Grading Plans” prepared by Design Consultants, Inc. on file with the Town Clerk for the purpose of constructing a connector road and shared use paths, and to authorize the Board of Selectmen to enter into agreements with the owners of these properties for acquisition of said easements.
TO construct a connector road and accompanying shared use path
Acting on Article 9, the Town voted to approve the design of the “Connector Road” and accompanying shared use path in the area between Holmes Hole Road and Edgartown-Vineyard Haven Road as shown on the plans entitled “Plan and Profile of Connector Road, Town of Tisbury” dated March 22, 2010 prepared by Design Consultants, Inc. on file with the Town Clerk; to authorize the Board of Selectmen to apply for and accept funding from State or Federal agencies for construction of said road and paths; and to authorize the Board of Public Works Commissioners to construct the Connector Road and shared use paths upon funding authorization.
TO grant a utility easement
Acting on Article 10, the Town voted unanimously to authorize the Board of Selectmen to negotiate and grant a utility easement to GPCS Fiber Communications, Inc. on and within properties identified on Tisbury Assessors’ Maps as Parcels 32-C-1.1, 32-D-1.1, 32-C-1, and 32-D-1, to install an underground utility vault within the parking area of Tashmoo Beach, below grade and the accompanying fiber optic utility line below grade for the purpose of installing a submarine fiber optic communications line from the Massachusetts mainland as shown on a drawing on file with the Town Clerk and to authorize the Board of Selectmen to request any legislation necessary therefor with the State Legislature.
TO acquire a shared use path easement
Acting on Article 11, the Town voted to acquire by gift, purchase or eminent domain, a shared use path (bike path) easement over and through the property shown on Tisbury Assessors Maps as Parcels #9-B-18, 9-B-19, 9-B-35, 9-B-3, and 9-B-2, as shown on a plan prepared by the Martha's Vineyard Commission dated February 20, 2010, on file with the Town Clerk, for the purpose of constructing a shared use path for bicycle and pedestrian use; and to authorize the Board of Selectmen to enter into agreements with the owners of these properties for acquisition of said easements.
TO amend the zoning bylaw SECTION 09.05 FLOOD/Storm district
Acting on Article 12, the Town voted unanimously to amend Section 09.05 of the Zoning Bylaws entitled Flood/Storm District and to strike section 09.06 entitled Flood Plain District from the Zoning Bylaws, so that the revised Section 09.05 will read as follows, with additions shown in bold text and deletions shown by strikethrough::
09.05 Flood/Storm District
.01 Purpose:
To promote the health, safety, and general welfare of the inhabitants of the Town of Tisbury by ensuring that structures, facilities, and uses are sited, constructed, and arranged so as to preclude or minimize Flood/Storm effects.
To protect the economic well being of the Town of Tisbury and its inhabitants by preventing burdensome property and employment losses.
To make available to the inhabitants of the Town of Tisbury Flood Insurance (under the National Flood Insurance Program) and to the Town of Tisbury eligibility for federal disaster relief funds by establishing and maintaining a qualifying Flood/Storm Program conforming to the "Flood Disaster Protection Act of 1968" (Title 13 of the Housing and Urban Development Act of 1968 - Public Law 90-448), 42 U.S.C. 4001-4128 and 44 CFR 67, the specific enumerations found in 44 CFR section 60,3(e) and such amendments thereto as are applicable.
To accomplish the purposes set forth in the above three paragraphs by uniform administrative procedures, conformity with land and water use policies, and in keeping with objectives to preserve the character of Tisbury's waterfronts.
.02 Definition:
The Flood/Storm District is herein established as an overlay district to all other districts. The District includes all special flood hazard areas within the Town of Tisbury designated as Zone A, AE or VE on the Dukes County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Dukes County FIRM that are wholly or partially within the Town of Tisbury are panel numbers 25007C0082H, 25007C0083H, 25007C0084H, 25007C0101H, 25007C0102H, 25007C0103H, 25007C0104H and 25007C0111H dated July 6, 2010.
The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Dukes County Flood Insurance Study (FIS) report dated July 6, 2010. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.
The Flood Storm District is established as an overlay district to all other districts. All development in the district, comprised of all land in the Town of Tisbury inland of the Mean Low Water (MLW) line lying along the shores of Lake Tashmoo, Vineyard Sound, Vineyard Haven Harbor and Lagoon Pond, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:
- Section of the Massachusetts State Building Code which addresses flood plain and coastal high hazard areas (currently 780 CMR 2102.0 120.G, "Flood Resistant Construction and Construction in Coastal Dunes");
- Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
- Inland Wetlands Restriction, DEP (currently 302 CMR 6.00 310 CMR 13.00);
- Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
- Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).
Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
.03 “Within the Flood\Storm District, no redevelopment shall be permitted within a V or AO Zone as depicted on the Dukes County Flood Insurance Rate Maps as described in Section 09.05.02.”
Man-made alteration of sand dunes within Zones VE, which would increase potential flood damage are prohibited.
All new construction within Zones VE, must be located landward of the reach of mean high tide.
.04 Basis:
Administrative and regulatory address to construction, facilities, uses and arrangements shall be based upon:
- Mean Sea Level (MSL) elevation as determined by the "National Geodetic Vertical Datum of 1929" (NGVD -1929); and
- The Federal Insurance Rate Maps.
Coastal and Elevation Data Plans are a required attachment for all properties in the Town of Tisbury located within the AE and VE Zones, as defined in the current Flood Insurance Rate Map for the Town of Tisbury by the Dukes County Flood Insurance Rate Maps.
.05 Flood/Storm Rules and Regulations:
The cognizant Board, Commission or Official may require certifications by a Massachusetts Registered Professional Engineer(s) as to situations, designs, data, calculations, statements of effect or non-effect, values, ratings, specifications, etc.
.06 Exceptions, Waivers and Appeals:
The applications, procedures and requirements relating to EXCEPTIONS (whether considered in the form of "Special Permits" or in the form of "Variances"), WAIVERS (pertinent only to Rules and Regulations) and APPEALS (whether an appeal from a determination or alleging a failure to act) are set forth in Chapter 40A (MGL), elsewhere in the Zoning Bylaws and in the established administrative procedures of the cognizant Board, Commission or Official.
.07 Compliance:
The Building/Zoning Inspector shall:
- make site inspections and determinations of physical and use compliance in matters of specification particulars;
- ensure that the plans and specifications submitted as a part of Building Permit Applications comply; and,
.08 Enforcement:
The Building/Zoning Inspector shall enforce program or permit specification particulars, and the conditions and restrictions imposed by Special Permits, Waivers, Variances, and Appeal determinations, as provided for in Chapter 40A (MGL) and elsewhere in the Zoning Bylaws.
In the manner, and to the extent, provided by law, cognizant Boards, Commissions and Officials may obtain enforcement of procedural, class or category requirements by such processes as 'cease and desist orders', 'unfit for habitation or occupancy closures', and 'revocation or suspension of authorization'.
.09 Interpretation:
Notwithstanding any other Town of Tisbury Bylaw, this Section 09.05 (Flood/Storm District) and its provisions shall be determinative with regard to Flood/Storm hazards, the prevention or mitigation of Flood/Storm effects and the maintenance of qualifying status under the National Flood Insurance Program.
In the interpretation and application of this Section 09.05 (Flood/Storm District), all provisions shall be:
- considered as minimum requirements;
- liberally construed in favor of the Town of Tisbury;
- deemed neither to limit nor repeal any other powers granted under the statutes of the Commonwealth of Massachusetts.
.10 Penalties:
Whosoever violates the provisions of this Section 09.05 (Flood/Storm District) and the Rules and Regulations herein authorized and legally adopted may be fined two hundred dollars ($200) for each violation and for each day each violation continues after notice or such lesser amount as may be set by statute.
VOTED: UNANIMOUSLY IN FAVOR
TO amend Section 04.03.13 of the zoning bylaw
Acting on Article 13, the Town voted unanimously to amend Section 04.03.13 of the Zoning Bylaws - Uses requiring Permit from the Board of Appeals – ACCESSORY APARTMENT, by deleting existing paragraphs (c), (d), (e),(f), (g), (h) and (i) in the subsection entitled “CONDITIONS” and inserting in their place new paragraphs ©, (d), (e), and (f), which represent revisions to and deletions of the existing text, to read as follows:
(c) The accessory dwelling unit shall measure no more than forty (40) percent of the existing habitable area not to exceed six hundred (600) square feet in all residential districts. At no time shall either dwelling unit be made a condominium and held in separate ownership. The appearance of the building shall remain that of a single-family residence in keeping with the character of the neighborhood.
(d) The owner of the lot, who must be a resident of the Town, shall occupy either the accessory unit or the principal residence.
(e) The accessory unit and the principal residence shall each have two means of egress to grade and meet all other applicable regulatory requirements.
(f) There shall be a minimum of one parking space to accommodate the accessory apartment, not less than ten feet by twenty feet. The space(s) shall be located so as to minimize the visual impact from the street or abutting properties by a minimum landscaped area setback of ten feet.
VOTED: UNANIMOUSLY IN FAVOR
Attest:
Marion A. Mudge, CMMC/MMC
Tisbury Town Clerk
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