MVC makes changes to building policies

Commission amends DRI checklist; holds several project reviews.

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MVC commissioners look over a plan at the Mill House during Thursday's Zoom.

On Thursday, the Martha’s Vineyard Commission (MVC) made amendments to its checklist for developments of regional impact (DRI). 

In a unanimous vote, MVC has made amendments to the checklist adjusting language. For example, the words “if the establishment is connected to a municipal sewer system” were added for the section involving restaurants with 80 to 99 seats. The new language requires an MVC concurrence review.

The MVC also made changes to what is required for the demolition of historic sites by adding a section labeled “Alterations of a Historic Structure.” A mandatory referral with MVC concurrence is required for “any proposal for exterior alteration of a structure that meets either of the criteria set out in section 8.1-A where the alterations comprises at least 25 percent of the historic portion of the façade … The 25 percent would be cumulative, including any permits for alterations issued in the preceding five years.” Façade has been defined as “any exterior surface of a structure including roofs.” The definition of demolition will remain unchanged.

There were some disagreements about how necessary the separation of definition of alterations and demolitions were. Edgartown commissioner Ted Rosbeck said it can “cause confusion” for those using the checklist. 

“Alterations weren’t really captured in the first version, even though there was an implication that any demolition came before an alteration,” said Tisbury commissioner Ben Robinson. 

Tisbury building commissioner Ross Seavey agreed with Rosbeck, but said these amendments can work. However, he said the MVC has “missed the mark” in the checklist before. 

MVC chair Joan Malkin said if problems appear, the MVC will return to the DRI checklist to make further amendments.

Other DRI-related items were also reviewed during the Zoom meeting. 

Castalamar LLC and Reid Silva of Vineyard Land Surveying and Engineering applied for a proposal to subdivide an 11-acre parcel of land into two lots. The proposed lots are in Seven Gates Farm on 50 Beach Road, Chilmark. A residential house is proposed on one of the lots.

Commissioners expressed two main concerns. The northern tips of the parcels are in the Inland Zone of the coastal district of critical planning concern (DCPC). No changes are proposed here except for the new lot line. The other concern is that the proposed house and access road would be within Natural Heritage and Endangered Species Program (NHESP) priority habitat, and consist primarily of state-designated prime forest land. 

According to the staff report, “The MVC Open Space Policy indicates that 40 to 80 percent of the developable area of a property should be conserved as open space.” As the proposed house would take up one acre of land, 70 percent of the developable land will remain as open space. 

DRI coordinator Alex Elvin said the Land Use Planning Committee (LUPC) voted not to concur when the plan was presented, and recommended that it be remanded to the towns. In the concurrence review, the full MVC made a unanimous vote to not concur, and remand the proposal to the towns for further review. 

 

George Sourati of Sourati Engineering went before the commission to split an area of 2.1 acres into about one-acre lots. The area is located on Edgartown–Vineyard Haven Road in Edgartown, and is owned by Michael Hand. The proposed lots are intended for sale. In the staff report, several planning concerns are listed. One is the road access of the lots, and the other is environmental. The entire property is located in NHESP priority habitat of rare species. The current property is also within the Sengekontacket Pond watershed, and is not connected to the town sewer. Elvin said LUPC voted not to concur when the plan was presented, and recommended that it be remanded to the towns. The full MVC agreed.

The Seafood Shanty in Edgartown is requesting increased maximum occupancy from 332 seats to 410 seats. In a staff report, the main concerns about this are wastewater flow and local traffic. The wastewater department currently bills the restaurant for 280 seats. The wastewater department postponed any decision until September. Elvin said that due to a lack of data, it is unknown how exactly traffic will be affected by increased seating. He also said Seafood Shanty plans to participate in a food-waste composting program. In the concurrence review, MVC made a unanimous vote to not concur, and remand the proposal to the towns for further discussion. 

The applicants of the Mill House in Tisbury proposed getting a gas stove cooktop, which the MVC approved. In a modification review, MVC decided to not have a public hearing about it in a near-unanimous vote. The only dissenting opinion was Ernie Thomas. Governor’s appointee Michael Kim proposed an amendment during the meeting in which the owners would pay upfront for 25 years worth of carbon emissions, which the commission voted against. 

AT&T’s proposal for a 30-kilowatt Generac diesel generator for its existing wireless compound was rejected by the MVC. AT&T’s representative, Steven Volkert, was asked to return with alternative energy options.

2 COMMENTS

  1. Looks like the MVC will not be happy until all projects have to go before them. Keep making the net smaller so you catch it all. Keep making the regulations harder and more expensive which will ensure only the rich come here. The current make up of commissioners would rather see the propane plants running to keep electricity flowing in someone else backyard off island. If our wireless service goes down be sure to thank the MVC.

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