At a four-hour public hearing Tuesday in the stifling heat of the Katharine Cornell Theatre that ended with no decision, Tisbury selectmen listened to a variety of views, many strongly expressed, on a series of proposed amendments to the Tisbury waterways regulations designed to address a multitude of uses, some of which have caught town leaders by surprise.
At issue Tuesday was a proposal to impose an 18-month moratorium on allowing new vessels to moor in the harbor while town leaders grapple with new regulations intended to address housing, business zoning, and safety.
“It gives the town some time to look at this issue and work with the community to develop some parameters,” selectman Tristan Israel said.
At the end of the marathon meeting, Mr. Israel made a motion, on the recommendation of town administrator Jay Grande, to continue the hearing to August, 16 when the selectmen will next take up the issue of a moratorium.
Definitions sought
The discussion over harbor use began in earnest when Tisbury artist and commercial fisherman Jeffrey Canha moored a floating art studio in Vineyard Haven Harbor.
“We need clarification as to what this moratorium is specifically about. Specifically,” Mr. Canha said. “There are several open-air studios in the harbor presently. Right now, I’m breaking zero regulations. Zero.”
“There’s no moratorium until one is adopted, even if it is adopted,” town counsel David Doneski of Kopelman and Paige said in response to Mr. Canha. “So the purpose of the hearing is to discuss broad categories of subjects in the following waterway regulations. The amendment that we voted at a special town meeting probably best generally describes the overall scope of what a moratorium would address in the types of vessels permitted in water- and non-water-dependent primary and secondary uses.”
The language of the amendment stated, “The Board of Selectmen may, for protection of public health and safety, establish rules and regulations addressing waterways subjects including, but not limited to, speed limits, no-wake zones, permissible noise levels, mooring areas, seaplane landing areas, types of vessels permitted, water-dependent and non-water-dependent primary and secondary uses, licensing and use restrictions, and pollution prevention.”
“What is traditional and nontraditional use? Doesn’t the nature of a vessel constitute a necessity for water?” Mr. Canha asked.
Tisbury planning board chairman Daniel Seidman told the board of selectmen he believed the establishment of a moratorium would be beneficial because it would give board members time to address some of the many issues at stake.
Housing option questioned
One major issue on the table surfaced quickly, the degree to which changes in the waterway regulations might affect the need for affordable housing. Mr. Seidman said the planning board is considering whether this could be part of the affordable housing solution.
Leslie Floyd, a Tisbury resident and real estate agent on the Island, said she is currently working with 50 Islanders who are trying to find housing. She said that although she supports Mr. Canha and businesses like his, she understood the need for a moratorium; however, her concerns were how officials would differentiate between vessels, how the town would conduct their research during the moratorium, if there would be a committee, and if in fact there was an end date to the moratorium.
“I have a young lady who is living in my house this summer who was living in a basement with 12 people, no windows,” Ms. Floyd said. “I think we have a very high need for housing solutions, and I think this is one of them.”
Chairman of the harbor management committee (HMC) Jim Lobdell expressed concern about people living on boats.
“How many people do we have that come into Vineyard Haven? Our harbor is full of them right now. Transients. Obviously they’re living out of their boat,” Mr. Lobdell said. “You can figure that every boat out there is spending $100 per person a day in Vineyard Haven, which is a pretty significant amount of money. What we don’t need is derelict boats.”
Mr. Lobdell referred to the Tisbury Harbor regulations, which specify, “The use of vessels in Tisbury as a permanent or long-term abode is specifically prohibited. Sleeping aboard vessels is allowed as a secondary use to the vessel’s principal commercial or recreational use (i.e.: cruising).”
Mr. Lobdell went on to urge selectmen to review the current rules and regulations because he said that “half a dozen things that are in there are contradictory to what is going on.”
Selectman Larry Gomez asked Mr. Lobdell if he thought that the issue was a matter of enforcement.
“Absolutely,” Mr. Lobdell said.
Working harbor
A related topic to housing was the use of the harbor by businesses that include Mr. Canha’s studio and a floating carpentry shop. Mr. Seidman, who is in favor of the moratorium, said the planning board wanted to consider if new regulations could be a way to expand the consumer experience, with perhaps a boardwalk of floating shops. He said the board was interested in the economic value of these kinds of vessels, and whether it would add or detract to the town.
Selectman Tristan Israel questioned whether a business on water is subject to the same parameters as one on land. He also emphasized the difficulty of ensuring that people aren’t living on their floating studios.
“If 40 of these studios show up in the harbor, and maybe we want them and maybe we don’t, are you going to tell me that no one is going to be living on these? How do we regulate that if that’s what we want?” he asked Mr. Canha.
Lastly, Mr. Seidman said, the planning board sees a safety issue with respect to moored vessels in the harbor and for individuals on those vessels. Jerry Goodale, a member of the HMC, along with a couple of other people in the audience, echoed this. Mr. Goodale asked selectmen what would happen to houseboats or floating studios in a storm.
Selectmen chairman Melinda Loberg wanted to make sure the planning board would meet with the conservation committee, the harbor management committee, and the board of health. Mr. Gomez said that they ought to include the assessor’s office to make sure vessels are being properly taxed.
Mr. Seidman spoke to the audience about the complexity of the waterway regulations.
“It’s a known unknown. We know it’s there, and we don’t know what it is. How it is. Is it a bird? Is it a duck? Is it a studio? Is it a houseboat?” Mr. Seidman said. “All we’re trying to do is get 18 months to review data from all over the country, look at existing things, and we will in that 18 months have meetings. It will be public, and anyone obviously can attend.”
Mr. Seidman went on to say to the audience, “If you are interested, you have to show up. Don’t come at the last minute and then complain if you haven’t been part of the process.”