Superintendent objects to medical marijuana dispensary site

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School superintendent Matt D'Andrea raised concerns about a medical marijuana dispensary proposed in West Tisbury, though the legal issues don't appear to apply. - Stacey Rupolo

It appeared that traffic impact and lighting were going to be the main topics at a public hearing at Martha’s Vineyard Commission (MVC) on Thursday night for Patient Centric of Martha’s Vineyard, a proposed medical marijuana dispensary and grow operation at 90 Dr. Fisher Road, in the West Tisbury Light-Industrial District.

While these topics were discussed, the conversation took a legal turn when school superintendent Matt D’Andrea, expressing his opposition to the dispensary, told commissioners that, according to his research, “The Regulation and Taxation of Marijuana Act,” states that once a dispensary is established, “you open the door to a retail outlet at this area. If you allow one you can’t deny another. And, as superintendent of schools, I need to speak out against marijuana facilities.”

Commissioner Linda Sibley, who ran the meeting, said that MVC legal counsel should be consulted to determine if Mr. D’Andrea is correct, before making a decision.

On Friday, Geoff Rose, chief executive officer of Patient Centric, told The Times that the state law clearly prohibits retail outlets in West Tisbury, because it limits “the number of marijuana retailers to fewer than 20 percent of the number of licenses issued for the retail sale of alcoholic beverages not to be drunk on the premises.”

West Tisbury has no liquor stores.

“There are statements in the act that reference retail outlets, but the bottom line is if you’re in a town that has no liquor stores, you can’t have a retail dispensary,” he said.

On Thursday night, Mr. D’Andrea said the proximity to West Tisbury School, estimated at 2,400 feet, was also a concern.

Mr. Rose said state law requires the dispensary to be 500 feet away from schools.

Neighborhood residents expressed concerns about the increased traffic on  Dr. Fisher Road and Pine Hill Road, which are used as trails by schoolchildren going to the West Tisbury School and by horseback riders connecting the horse farms in the area.

An MVC traffic study estimated the proposed dispensary would increase traffic on Dr. Fisher Road by roughly 20 percent.

Pine Hill Road resident Nolan Pavlik told commissioners he opposes the dispensary. “This operation will be unlike anything else. It will be a massive, negative change.”

Attorney Dan Larkosh, the closest residential abutter to the proposed facility, commended Mr. Rose and said he supported the project 100 percent.

The hearing will continue on June 1. “We might not take oral testimony so I encourage people with comments to write to the MVC,” Ms. Sibley said.

Franklin Street demo inches forward

William Westman made his fourth appearance before the commission to get approval for the demolition of a crumbling house at 29 Franklin St. in Tisbury. Mr. Westman, a builder who specializes in historic renovation, told commissioners that he originally intended to restore the house, built circa 1850, but after removing plaster and paneling it was clear the damage was irreparable.

Much of the discussion was Thursday night was centered on style and materials of the proposed replacement building. Mr. Westman said he’d met with the Craig Whittaker of the Williams Street Historic District and over time has made numerous adjustments to the plans for the replacement house.

“I’ve agreed to everything except for the fact I have to stick to [building] code. I’m as far as i can go,” he said. “I really need your help. I want to make this building nice.”

Ms. Sibley said she saw a “conundrum” because the application was only 95 percent complete.

“This guy’s been here four times, I think he’s told you what he’s going to do,” executive director Adam Turner said.

The question was raised if demolition would cause the project would lose pre-existing setbacks.  Building inspector Ken Barwick that would be decided by the Zoning Board of Appeals.

The public hearing was closed. The Land Use Planning Committee will meet on Monday to decide on a recommendation to the full commission.

Santander snafu

The ongoing saga over the replacement roof on the Santander Bank on Main Street in Tisbury also continued Thursday night.

Attorney Sean Murphy, representing the banking behemoth, said his client’s stance remained firm. “My client’s position they did what was asked, they spent a lot of money, and should not have been referred to the MVC in the first place,” he said. “They filled out application in an email to Mr. Barwick saying asphalt shingles. Mr.  Barwick approved it. It was a mistake on Mr. Barwick’s part apparently.”

Mr. Murphy said the bank spent over $100,000 to replace the roof with asphalt shingles. The estimate for Roman Pan Tiles was almost $400,000.

DRI coordinator Paul Foley suggested the MVC look into an independent estimate for the tiles.

Harold Chapdelaine, historic district chairman said there was unanimous support to replace the asphalt shingles with clay tiles. “We understand it was an administrative snafu. However, I believe due diligence would have required more investigation on their part,” he said.

Mr. Chapdelaine said the regulations are clearly spelled out on the historic district website. “I believe that relieves Mr. Barwick of some of the responsibility.”

Tisbury selectmen Tristan Israel and Melinda Loberg also said they were in favor of the bank restoring the clay tile shingles.

The Santander bank public hearing was closed. The public record will stay open until June 1 and the Land Use Planning Committee will meet on June 5 to decide on a recommendation to the full commission.

In other business, the commission also unanimously approved David Damroth’s proposed four lot subdivision of 14.6 acres on Oyster Lane in Chilmark.