Tisbury will hold special town meeting Tuesday

Tisbury kicks off the Island’s spring annual town meeting season Tuesday. Voters will be asked to take action on the addition of pump-out facilities at the Vineyard Haven Steamship Authority (SSA) terminal, approval of a regional trash agreement, increased penalties for property owners who fail to clear walkways of snow and ice, and a mechanism to fund benefits for retired municipal employees.

The special town meeting begins at 7 pm, Tuesday, April 5, in the Tisbury School gymnasium. The special town meeting warrant appears in today’s issue of The Times and online at mvtimes.com.

The warrant also includes several municipal “housekeeping” items. In keeping with Tisbury’s tradition, spending articles will be addressed at the annual town meeting on April 12.

Article nine asks voters to approve a request from the Steamship Authority to add pump-out facilities for its ferries berthed overnight at the Vineyard Haven terminal, in cooperation with Gov. Deval Patrick’s administration, whose goal is to make all Massachusetts’ coastal waters No Discharge Areas. Wastewater from the ferries would be discharged into the town’s sewer system. The board of public works commissioners approved an assigned flow of 5,000 gallons per day, as recommended by the town’s Sewer Flow Review Board.

Combined efforts

As a big step towards regionalizing the Island’s trash disposal, voters are asked in article two to approve Tisbury rejoining the Martha’s Vineyard Refuse Disposal and Resource Recovery District (MVRDRRD).

The towns of Tisbury and Oak Bluffs withdrew from the district in 1993 and formed a separate municipal partnership for waste management. Two years ago representatives from both refuse districts entered into discussions about forming a regional waste management district, which resulted in a revised draft of the Martha’s Vineyard Refuse District Charter.

The agreement requires approval by voters at town meetings in all six Island towns.

Funding OPEB liability

Two other articles propose new town policies that would begin to address Tisbury’s liability for currently unfunded other post-employment benefits (OPEB) for municipal employees, excluding pension benefits.

“Right now we’re funding employee benefits on as-you-go basis,” municipal finance director Tim McLean said in a phone conversation Tuesday. “OPEB means anticipating what those costs will be over time — for example, what my costs will be — and to start funding now for my retirement, as well as for the benefits that will have to be paid for the person who replaces me, over the next 30 years.”

Tisbury Finance and Advisory Committee (FinCom) vice chairman Jon Snyder wrote in an op-ed piece published in today’s Times that Tisbury’s OPEB liability currently is at least $13 million.

Mr. McLean said that number was based on the town’s most recent actuarial study done in 2009, as required by law every two years.

“Our potential OPEB liability right now, which would include benefits for the total number of retirees and future retirees, that is, everybody currently working for the town, is about $13 million,” Mr. McLean said. “If something happens with healthcare to cause it to go up or down significantly, it will drastically change that number.”

Article six asks voters to approve a funding policy in which the town would begin to assess $100,000 annually in additional funds to pay towards OPEB liability, beginning July 1, 2012.

Article seven would establish an OPEB funding policy for new employees, in which the town would set aside money each year as a line item in the annual budget for the town departments in which the employees are hired.

Several warrant articles seek voter approval for amendments to town bylaws. Three that relate to energy efficiency and renewable energy include a new stretch energy code, a provision to regulate solar-photovoltaic installations, and an expedited permitting process for renewable energy facilities and projects.

The articles are tied to the town’s efforts to meet the criteria for designation as a “Green Community” in order to be eligible for the state’s Department of Energy Resources (DOER) Green Communities Grant Program.

Currently, only 53 cities and towns out of 351 in Massachusetts are Green Communities and are eligible for grants from an annual pool of up to $10 million to fund local renewable power and energy efficiency projects, according to the DOER website.

A vote to approve Article 10 would amend the town’s building code bylaw to include a Stretch Energy Code to improve energy efficiency requirements for all new residential and many new commercial buildings, town administrator John Bugbee explained in a phone conversation with The Times on Monday.

According to the state, the stretch energy code is designed to improve energy efficiency by 20 percent or better, he added. The stretch energy code would also apply to residential additions and renovations that would normally trigger building code requirements.

Mr. Bugbee said he requested that a representative from DOER attend Tisbury’s meeting next week to answer voters’ questions.

Article 12 addresses large-scale ground-mounted solar photovoltaic installations in Tisbury’s Business District 2 only.

Tisbury is one of eight towns that belong to the Cape and Vineyard Electric Cooperative (CVEC) and are participating in a project to install utility-scale solar generating facilities that would significantly reduce electricity costs for municipal buildings.

In order to qualify for many of the lucrative incentives for solar energy, private developers must own the solar projects, while the towns will provide the land, and possibly tax and permitting incentives.

Article 12 addresses solar photovoltaic installations in general and also asks voters to approve a designated location at the town’s capped landfill near the Park and Ride lot off State Road, as recommended by the Planning Board.

Article 13 would add new definitions to Tisbury’s zoning bylaws, also related to solar photovoltaic systems, as well as one for “as-of-right siting.”

“Part of the Green Community Act requires that a city or town establishes ‘as-of-right zoning,’ meaning that if someone has a project that meets the town’s criteria for a renewable energy project, that they can go forward with the permitting process and installation on an expedited track,” Mr. Bugbee explained.

Article 14 would amend the zoning bylaws to provide for an expedited permitting process for renewable energy facilities and projects that meet prerequisite criteria.

Vacant buildings, unshoveled walks

In other zoning-related matters, Article 11, the lengthiest on the warrant, asks voters to amend the town bylaws to include a new section on vacant buildings. The regulations define ownership and what constitutes a vacant property, requirements for adequate maintenance, penalties for failing to comply, and enforcement.

Article 16 tackles the issue of noncompliance by residential and business property owners who do not shovel snow from sidewalks as required by a town bylaw, despite repeated reminders from the selectmen over the last two years.

The problem became more of a concern in 2010, when a state Supreme Judicial Court decision ruled that property owners now can be held liable for injuries that are linked to any snow and ice on their land, regardless of whether the conditions were caused by nature or a city plow. However, towns like Tisbury that have local ordinances still bear the ultimate responsibility for injuries that occur on municipal sidewalks.

As a step to reduce the town’s liability, the selectmen ask voters to amend the snow removal bylaw with an increase in fines from $20 for each offense to $50 for the first offense, $75 for the second, and $100 for the third and each subsequent offense.

Assistant town accountant

Article five, if approved, would replace the position of financial assistant in the finance department with the new position of assistant town accountant. “It’s not an additional position; it’s a change in job description,” Mr. McLean explained.

Town accountant Suzanne Kennedy’s job has grown over the years from managing one town fund and one set of books to eight, he added.

The new position would be classified at grade 11 in the town’s personnel classification system, for a difference of $5,552 annually, according to Ms. Kennedy.

“We’ve never had an increase in the financial assistant’s position in 25 years,” Ms. Kennedy said. “I’m very frugal with the town’s money, and I wouldn’t ask for more help if I didn’t feel it was necessary.”

The town’s finance and advisory committee voted to recommend passage of 12 of the warrant articles and planned to vote at a meeting Thursday on the four that deal with zoning bylaw amendments for energy efficiency, renewable energy, and vacant buildings.

TOWN OF TISBURY

SPECIAL TOWN MEETING WARRANT

TUESDAY, April 5, 2011 at 7:00 PM

Commonwealth of Massachusetts

County of Dukes, ss.

To either of the Constables of the Town of Tisbury,

Greetings:

In the name of the Commonwealth of Massachusetts you are hereby directed to notify the inhabitants of the Town of Tisbury who are qualified to vote in elections and Town affairs to meet at the Tisbury School Gymnasium-Auditorium, Vineyard Haven, in said Town of Tisbury, on the fifth day of April in the year Two Thousand Eleven at seven o’clock in the evening, then and there to act on the following articles in this warrant:

ARTICLE 1 TO OBTAIN OFFICIAL BONDS

To see if the Town will vote to instruct the Selectmen to obtain of the Town Officers from whom bonds are required in FY2012 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, or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Recommends Passage of This Article. (9-0)

ARTICLE 2 TO ELECT A FISH COMMITTEE

To see if the Town will vote to elect Charles Conroy, Janet Messineo, and Ronald Rose as a Fish Committee, in FY2012, 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, or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Recommends Passage of This Article. (9-0)

ARTICLE 3 TO AUTHORIZE THE TREASURER-COLLECTOR TO ENTER INTO A COMPENSATING BALANCE AGREEMENT

To see if the Town will vote to authorize the Treasurer-Collector to enter into a compensating balance agreement or agreements for Fiscal Year 2012 pursuant to Chapter 44, Section 53, of the Massachusetts General Laws, or take any action relative thereto.

Submitted: Treasurer/Collector The Finance and Advisory Committee Recommends Passage of This Article. (9-0)

ARTICLE 4 TO AUTHORIZE THE TREASURER TO borrow in Anticipation of revenue

To see if the Town will vote 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 2012, 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, or take any action relative thereto.

Submitted: Treasurer/Collector The Finance and Advisory Committee Recommends Passage of This Article. (9-0)

ARTICLE 5 TO Establish the new position of Assistant Town Accountant in the Finance Department

To see if the Town will vote to establish the new position of Assistant Town Accountant to take the place of the existing position of Financial Assistant in the Finance Department and to classify this new position in the Town Accountant’s Office at Grade 11 in the Town’s personnel classification system, or take any action relative thereto.

Submitted: Finance Director

The Finance and Advisory Committee Recommends Passage of This Article. (10-0)

ARTICLE 6 OPEB FUNDING POLICY

To see if the Town will vote to adopt a policy of assessing additional funding of One Hundred Thousand Dollars ($100,000) each year beginning July 1, 2012 and thereafter, not to exceed five percent (5%) of the Town’s then current unfunded Other Post Employment Benefits (OPEB) liability as most recently actuarially estimated and as determined by the Finance & Advisory Committee prior to the Annual Town Meeting, or take any action relative thereto.

Submitted: Finance & Advisory Committee The Finance and Advisory Committee Recommends Passage of This Article. (9-0)

ARTICLE 7 TO adopt OPEB funding policy for new employees

To see if the Town will vote to require an actuarial calculation of the Town’s projected liability for Other Post Employment Benefits (OPEB), excluding funded retirement benefits and the funding of not less than the amount required to amortize such liability in not more than 30 years for each Town employee hired after the adoption of this policy as a line item in the annual budget of the Town Department in which the new employee is hired, or take any action relative thereto.

Submitted: Finance & Advisory Committee

The Finance and Advisory Committee Recommends Passage of This Article. (9-0)

ARTICLE 8 TO JOIN THE Martha’s Vineyard Refuse Disposal and Resource Recovery District (mvrdrrd)

To see if the Town will vote to join the Martha’s Vineyard Refuse Disposal and Resource Recovery District under such terms and conditions as are determined reasonable by the Board of Selectmen and are similar or equal to the terms within the revised draft of the Martha’s Vineyard Refuse District Charter, a copy of which is on file with the Town Clerk, to authorize the Board of Selectmen to take all action necessary to establish and confirm the Town’s membership in the District, and to designate the Board of Selectmen as the appointing authority for the Tisbury representative(s) to the Martha’s Vineyard Refuse District Committee, or take any action relative thereto.

Submitted: Board of Selectmen

The Finance and Advisory Committee Recommends Passage of This Article. (9-0-1)

Article 9 TO add the dock facilities at the Steamship Authority terminal to the centralized Wastewater Collection & Treatment system service area

To see if the Town will vote to extend the Centralized Wastewater Collection and Treatment System Service Area to include the dock facilities owned by the Steamship Authority, located on property at 47 Water Street, shown on Assessors’ Maps as Parcel #7-E-1 and at 46 Union Street, shown on the Assessors’ Maps as Parcel #7-D-14, subject to the conditions set by the Board of Selectmen and the Board of Public Works Commissioners, as recommended by the Sewer Flow Review Board, with an assigned flow of 5,000 gallons per day, or take any action relative thereto.

Submitted: Board of Public Works Commissioners The Finance and Advisory Committee Recommends Passage of This Article. (8-1-0)

Article 10 TO amend the town building code bylaw

To see if the Town will vote to amend the Building Code Bylaw by adding thereto a new Section 9 entitled Stretch Energy Code for the purpose of regulating the design and construction of buildings for the effective use of energy as set forth in Appendix 120 AA of the Massachusetts State Building Code, 780 CMR 120 AA, the Stretch Energy Code, as it may be amended from time to time, as follows:

Section 9 – Stretch Energy Code

Section 9.1 – Definitions

Section 9.2 – Purpose

Section 9.3 – Applicability

Section 9.4 – Authority

Section 9.5 – Stretch Code

9.1 – Definitions

International Energy Conservation Code (IECC) 2009.

The International Energy Conservation Code (IECC) is a building code created by the International Code Council. It is a model code adopted by many state and local governments in the United States for the establishment of minimum design and construction requirements for energy efficiency. Commencing July 1, 2010, the baseline energy conservation requirements of the Massachusetts State Building Code will default to IECC 2009 and Massachusetts amendments.

Stretch Energy Code.

Codified by the Board of Building Regulations and Standards as 780 CMR Appendix 120 AA, the Stretch Energy Code is the International Conservation Code (IECC) 2009 with amendments contained herein.

9.2 – Purpose

The purpose of 780 CMR 120 AA is to provide a more energy efficient alternative to the base energy code applicable to the relevant sections of the Building Code for both new construction and existing buildings.

9.3 – Applicability

This code applies to residential and commercial buildings. Buildings not included in this scope shall comply with 780 CMR 13, 34, 61 or 93, as applicable.

9.4 – Authority

A municipality seeking to ensure that construction within its boundaries is designed and built above the energy efficiency requirements of 780 CMR may mandate adherence to this appendix. 780 CMR 120 AA may be adopted or rescinded by any municipality in the Commonwealth in the manner prescribed by law.

9.5 – Stretch Code

The Stretch Code, as codified by the Board of Building Regulations and Standards as 780 CMR Appendix 120 AA, including amendments or modifications, is hereby incorporated by reference into the Town of Tisbury General Bylaws.

The Stretch Code is enforceable by the Building Inspector.

And further vote that non-substantive changes to this bylaw be permitted in order that it be in compliance with the numbering format of the Tisbury General Bylaws, or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Will Make Recommendation at Town Meeting

Article 11 TO amend the Town BYLAW by adding new section – vacant buildings

To see if the Town will vote to amend the Town Bylaws by adding thereto a new Section entitled Vacant Buildings – Regulation of Inadequately Maintained Properties, for the purpose of protecting the health, safety and welfare of citizens by requiring property owners to maintain their properties to prevent the creation of public health and safety hazards and public nuisances, which bylaw shall read as follows:

Vacant Buildings – Regulation of Inadequately Maintained Properties

(a) Purpose

The purpose of this bylaw is to help protect the health, safety and welfare of the citizens by preventing blight, protecting property values and neighborhood integrity, protecting the Towns resources, avoiding the creation and maintenance of nuisances and ensuring the safe and sanitary maintenance of all buildings and structures. Inadequately maintained residential or commercial/business buildings are at an increased risk for fire, unlawful entry, and other public health and safety hazards. This bylaw will help secure the welfare of the Town’s residents and neighborhoods by requiring all property owners, including lenders, trustees, and service companies and alike, to properly maintain their respective properties.

(b) Definitions

Owner

Every person, entity, service company, property manager or real estate broker, who alone or severally with others:

1) has legal or equitable title to any building, structure or parcel of land, vacant or otherwise; or

2) has care, charge or control of any building or structure, parcel of land, vacant or otherwise, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or

3) is a mortgagee in possession of any such property; or

4) is an agent trustee or other person appointed by the courts and vested with possession or control; or

5) is an officer or trustee of the association of unit owners of a condominium; each such person being bound to comply with the provisions of these minimum standards as if he were the owner; or

6) is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated a foreclosure process.

Property

Any real property, or portion thereof, located in the Town of Tisbury, including buildings or structures situated on the property. For purposes of this bylaw, property does not include property owned or subject to the control of the Town or any of its governmental bodies.

Vacant property

Any property that is unoccupied for a period greater than one hundred eighty (180) days by a person or persons with legal right to occupancy thereof.

(c) Requirements for adequate maintenance

Owners of vacant properties, as defined in section (b), must fulfill the following minimum adequate maintenance requirements for any such property they own:

1) Maintain vacant properties subject to this bylaw in accordance with the relevant sanitary, building, and fire codes.

2) Secure vacant properties subject to this bylaw to prevent unauthorized entry and exposure to the elements.

3) Maintain vacant properties subject to this bylaw in a manner that ensures their external/visible maintenance, including but not limited to the maintenance of major systems, the removal of trash and debris, and the upkeep of lawns, shrubbery, and other landscape features.

4) Repair or replace broken windows or doors within thirty (30) days. Boarding up any doors or windows is prohibited except as a temporary measure for no longer than thirty (30) days.

5) For properties vacant for six months or more, the utilities for which have been shut off, remove or cut and cap such utilities to prevent accidents.

6) Compliance with this section shall not relieve the owner of any applicable obligations set forth in any other codes, regulations, covenant conditions or restrictions, and/or homeowner or condominium association rules and regulations.

(d) Notice of failure to adequately maintain property

Upon identifying a property as failing to meet the minimum maintenance requirements set out in section (c), the Building and Zoning Department, Board of Health, Police Department and/or Fire Department may notify the owner in writing of maintenance deficiencies at the owner’s last known address. If any maintenance deficiency is not corrected within 30 days of said notice, or if a maintenance plan is not approved by the Building and Zoning Department within 30 days of said notice, the Building and Zoning Department may impose a penalty in accordance with the provisions of this bylaw.

(e) Inspections

The Building and Zoning Department, the Board of Health, the chief of the Police Department and the chief of the Fire Department or their designees shall have the authority to periodically inspect any property subject to this bylaw for compliance. The Building and Zoning Department shall have the discretion to determine when and how such inspections are to be made, provided that the time and manner of such inspections are reasonably calculated to ensure that this bylaw is enforced.

(f) Penalties

Violations of any portion of this bylaw, including violations of any regulation promulgated hereunder, or failure to comply with a maintenance plan approved by the Building and Zoning Department, shall be punishable by a fine of three hundred dollars ($300.00) for each day during which the violation continues. This bylaw may also be enforced by the non-criminal disposition method, pursuant to the authority granted by G. L. c. 40, sec. 21D and the Town’s non-criminal disposition bylaw.

(g) Enforcement

The Building and Zoning Department or its designee, the Board of Health, Fire Department and/or the Police Department or their designees(s) shall enforce all provisions of this bylaw; including any regulation promulgated hereunder, and shall institute all necessary administrative or legal action to assure compliance.

(h) Regulatory Authority

The Board of Selectmen is authorized to promulgate rules and regulations necessary to implement and enforce this bylaw.

(i) Severability

If any provision of this bylaw is held to be invalid by a court of competent jurisdiction then such provision shall be considered separate and apart from the remaining provisions, which shall remain in full force and effect.

or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Will Make Recommendation at Town Meeting

Article 12 Large-Scale Ground-Mounted Solar Photovoltaic Installations

To see if the Town will vote to amend Section 05.21 (Uses Permitted) of the Tisbury Zoning By-Law by adopting a new provision under section 05.21.05 to regulate Large-Scale Ground-Mounted Solar Photovoltaic Installations in the Business District 2, as follows:

05.21 Uses Permitted:

.05 Large-Scale Ground-Mounted Solar Photovoltaic Installations

.01 Purpose

The purpose of this bylaw is to promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.

The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.

This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment

Designated Location: Zoning Districts B- 2 (Business District II) is designated by town meeting vote, in accordance with Massachusetts General Laws Chapter 40A, section 5, as the location where ground – mounted large scale solar photovoltaic installations may be sited as-of right. Said locations are shown on a Zoning Map, for the Town of Tisbury, Dukes County, Massachusetts, last revised on 25 March 2003 pursuant to Massachusetts General Laws Chapter 40A Section 4. This map is hereby made a part of this Zoning Bylaw and is on file in the Office of the Tisbury Town Clerk.

.02 General Requirements for all Large Scale Solar Power Generation Installations

The following requirements are common to all solar photovoltaic installations to be sited in designated locations.

.02.01 Compliance with Laws, Bylaws and Regulations

The construction and operation of all large scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.

.02.02 Building Permit and Building Inspection

No large scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

.02.03 Fees

The application for a building permit for a large scale solar photovoltaic installation must be accompanied by the fee required for a building permit.

.02.04 Site Plan Review

Ground-mounted large scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan review by the Site Plan Review Board as defined in Section 02.61 prior to construction, installation or modification as provided in this section.

.03.00 General

All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts.

.03.01 Required Documents

Pursuant to the site plan review process, the project proponent shall provide the following documents:

(a) A site plan showing:

i. Property lines and physical features, including roads, for the project site;

ii. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

iii. Blueprints or drawings of the solar photovoltaic installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures

iv. One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

v. Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

vi. Name, address, and contact information for proposed system installer;

vii. Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;

viii. The name, contact information and signature of any agents representing the project proponent; and

(b) Documentation of actual or prospective access and control of the project site (see also Section 05.21.05.03.02;

(c) An operation and maintenance plan (see also Section 05.21.05.03.03)

(d) Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose);

(e) Proof of liability insurance; and

(f) Description of financial surety that satisfies Section 05.21.05.05.03.

The Site Plan Review Board may waive documentary requirements as it deems appropriate.

.03.02 Site Control

The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.

.03.03 Operation & Maintenance Plan

The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the installation.

.03.04 Utility Notification

No large- scale ground –mounted solar photovoltaic installation shall be constructed until evidence has been given to the Site Plan Review Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

.03.05 Dimension and Density Requirements

.03.05.01 Setbacks

For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:

(a) Front yard: The front yard depth shall be at least 10 feet; provided, however, that where the lot abuts a Conservation-Recreation or Residential district, the front yard shall not be less than 50 feet.

(b) Side yard: Each side yard shall have a depth at least 15 feet; provided, however, that where the lot abuts a Conservation-Recreation or Residential district, the side yard shall not be less than 50 feet.

(c) Rear yard: The rear yard depth shall be at least 25 feet; provided, however, that where the lot abuts a Conservation-Recreation or Residential district, the rear yard shall not be less than 50 feet:

OR

For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be at least 50 feet.

.03.05.02 Appurtenant Structures

All appurtenant structures to large- scale ground-mounted solar photovoltaic installations shall be subject to Tisbury Zoning Bylaw Section 05.20.00 (Business District II) concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

.03.06 Design Standards

.03.06.01 Lighting

Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be shielded down to protect abutting properties. Lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

.03.06.02 Signage

Signs on large- scale ground-mounted solar photovoltaic installations shall comply with Tisbury Zoning Bylaw Sections 05.23.01, (non-appurtenant signs) and 07.06 (Sign Regulations. A sign consistent with a municipality’s sign bylaw shall be required to identify the owner and provide a 24-hour emergency contact phone number.

Solar photovoltaic installations shall not be used for displaying any advertising and may be used for the identification of the manufacturer or operator of the solar photovoltaic installation only.

.03.07 Utility Connections

Reasonable efforts, as determined by the Site Plan Review Board shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

.03.08 Safety and Environmental Standards

.03.08.01 Emergency Services

The large scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

.03.08.02 Land Clearing, Soil Erosion and Habitat Impacts

Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large – scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.

.04 Monitoring and Maintenance

.04.01 Solar Photovoltaic Installation Conditions

The large – scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.

.04.02 Modifications

All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Site Plan Review Board.

.05 Abandonment or Decommissioning

.05.01 Removal Requirements

Any large- scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Section 05.02 of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Site Plan Review Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

(a) Physical removal of all large- scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

(b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

(c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

.05.02 Abandonment

Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Site Plan Review Board. If the owner or operator of the large- scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the installation.

.05.03 Financial Surety

Proponents of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Site Plan Review Board, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally- or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

Submitted: Planning Board The Finance and Advisory Committee Will Make Recommendation at Town Meeting

Article 13 TO amend the zoning bylaw SECTION 02.00 – definitions

To see if the Town will vote to amend the Tisbury Zoning Bylaws by adding the following definitions in Section 02.00, and renumbering the entire section accordingly.

02.05 As-of-Right Siting: As-of-Right Siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to site plan review to determine conformance with local zoning ordinances or bylaws. Projects cannot be prohibited, but can be reasonably regulated by local building inspector, or if there is none in a town, the board of selectmen, or person or board designated by local ordinance or bylaw.

02.29 Large-Scale Ground-Mounted Solar Photovoltaic Installation: A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.

02.54 Rated Nameplate Capacity: The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC).

02.67 Solar Photovoltaic Array: An arrangement of solar photovoltaic panels.

Or take any action relative thereto.

Submitted: Planning Board The Finance and Advisory Committee Will Make Recommendation at Town Meeting

Article 14 TO amend Section 10.03 of the zoning bylaw

To see if the Town will vote to amend Section 10.03 of the Zoning Bylaws by adding the following language and adopting a new Section 10.03.05, to provide for an expedited permitting process for renewable energy facilities and projects that meet prerequisite criteria.

The Site Plan Review Board, as defined in Section 02.61, shall issue decisions for Large-scale Ground-mounted Solar Photovoltaic Installations in the Business District II as specified in Section 05.21.05 of the Zoning By-law, within one (1) year from the date of initial application to the date of final approval/denial.

Or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Will Make Recommendation at Town Meeting

Article 15 TO authorize The Selectmen to execute a deed

To see if the Town will vote to transfer to the Board of Selectmen, for the purpose of conveyance, the property at 55 Howard Street, Tisbury and authorize the Board of Selectmen to execute a deed conveying the property to its rightful owner, US Bank, National Association, and to take any and all action relative thereto to effectuate the proper conveyance of the property, or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Recommends Passage of This Article. (9-0)

Article 16 TO amend the town snow removal bylaw

To see if the Town will vote to amend the Town Bylaws by adding to Section XII, Snow Removal, the following language for the purpose of amending the fines for failure to comply with the snow removal bylaw schedule, including amendments and modifications thereto, which bylaw shall read as follows:

Whoever shall offend against this bylaw shall forfeit and pay a sum of $50 for the first (1st) offense, $75 for the second (2nd) offense, $100 for the third (3rd) offense, and $100 for all offenses after a third (3rd) offense.

And by inserting in Section XXII, Fines, after the words “up to Section XV”, the phrase “excluding Section XII, Snow Removal.”

or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Recommends Passage of This Article. (7-1)

And you are hereby directed to serve this Warrant by posting attested copies thereof at five public places in said Town, fourteen days at least before the time of holding said Meeting.

Hereof fail not, and make due return of this warrant, with your doings therein, to the Town Clerk at the time and place of meeting as aforesaid.

Given under our hands this twenty-first day of March in the year Two Thousand and Eleven

Tisbury Board of Selectmen

__________________________

Jeffrey C. Kristal

Geoghan E. Coogan

Tristan R. Israel

Posted at: Tisbury Town Hall March 22, 2011 Tisbury New Town Hall Annex Tisbury Senior Center Vineyard Haven Public Library _______________________________ Tisbury Police Department Tisbury Constable