In a gesture of disapproval aimed at business owner Elio Silva, Tisbury’s select board has unanimously denied Vineyard Grocer’s application for a common victuallers’ license.
In a gesture of disapproval aimed at business owner Elio Silva, Tisbury’s select board has unanimously denied Vineyard Grocer’s application for a common victuallers’ license, needed to legitimize the store’s longstanding prepared food operation.
“This is one way to prove a point,” board member Larry Gomez said. The board stopped short of ordering a shutdown of food preparation at the State Road market.
Town officials first notified Mr. Silva two years ago that the license was required, town administrator Jay Grande said at Tuesday’s meeting.
The business applied for the license this year, Mr. Grande said, and after a series of delays has recently finished the installation and inspection of a fire safety system, completing all the requirements to be licensed.
Mr. Silva was not present or represented at Tuesday evening’s online hearing on his license application.
“I’m appalled,” board member Jeff Kristal said. “It’s taken two years . . . There’s no excuse for it.”
The next time an applicant seeks to license a business that is already operating without town approval, Mr. Kristal said, he will do more than vote no.
“I will try to persuade the board to close the business down,” he said.
“We gave them two years to straighten out a fire safety issue,” Mr. Kristal continued. “It’s just unfathomable.”
Board member Larry Gomez and chairman Jimmy Rogers added their disapproval.
“It’s not fair to the other establishments that are following the rules and regulations of Tisbury,” Mr. Gomez said.
“I think we had a case here of the tail wagging the dog,” Mr. Rogers said.
Mr. Silva has the right to appeal the license denial, Mr. Rogers said after the vote.
Noah Mayrand’s application for an aquaculture grant in Lake Tashmoo, approved by selectmen earlier this year, has gotten a thumbs-down from the state after divers from the Massachusetts Division of Marine Fisheries found eelgrass in part of Mr. Mayrand’s proposed site, shellfish constable Danielle Ewart told the board.
“The area also had a lot of transient boaters, and the state noticed that,” Ms. Ewart said. “He would not be able to sell any products for the months they were there.”
Mr. Mayrand will need to reapply with new coordinates, Ms. Ewart said, adding that she is willing to work with him on the new application.
Board members suggested that Mr. Mayrand include an underwater survey as part of his application this time, with Mr. Rogers suggesting the town make it a requirement for aquaculture applicants.
“We should add to the regulations that you have to either dive yourself or hire a local diver to survey your site before we approve it for submittal to the state,” he said.
Ms. Ewart said the state divers also surveyed the potential Lagoon Pond site of an aquaculture grant the town conditionally approved for Jeffrey Canha, even though the final coordinates have not been submitted.
“They looked at the site between the buoys, even though they shouldn’t have because they haven’t received the proper paperwork,” she told board members. “They’re looking for the coordinates from you.”
The delay in finalizing Mr. Canha’s coordinates has been due to an objection earlier this year from David Forbes, the owner of nearby property that includes a dock. Harbor master John Crocker said he had attempted to broker a compromise between the two parties, but that communications had ended.
“Mr. Forbes has no riparian rights. He’s asking for something that is arbitrary and capricious,” Mr. Canha told the board Tuesday.
“It’s been nine months now . . . I’m $10,000 into this and I don’t know why there’s been nothing but pushback [from town officials],” he said.
“Jeff, I totally understand your frustration,” Mr. Rogers said. “That’s too long for any applicant, or anything, in the town of Tisbury to wait. I guarantee I’m going to push as hard as I can [for a resolution].”
In other business Tuesday, selectmen heard from Mr. Crocker that two derelict boats of unknown ownership, a Sunfish and a dinghy, have been removed from Lake Tashmoo. The owner of a third, larger vessel sinking in the lake has been notified that it must be removed, Mr. Crocker said.
Public works director Kirk Metell told the board that sales of waste disposal stickers for the local drop-off have been booming since the 2021 fiscal year began July 1.
“We’ve already sold 900 stickers,” he said. The town averages 800 to 1,000 stickers annually, Mr. Metell added.
“We are right on track to be selling close to 1,000 or maybe more this year,” he said.
Tisbury work crews have been busy repairing sidewalks, resurfacing pavement, clearing brush from roadsides and street signs and making long-needed repairs around town, he also said.
The town also has added 670 feet of long-planned gravel pathway to Oak Grove Cemetery, he added. “It really helps define the area and really helps us selling property,” he said.
Board members agreed to have Mr. Grande send a letter of appreciation to the public works staff.
Also Tuesday, the board discussed sewering, wastewater and marine pump-out issues and heard a brief report from Environmental Partners, the firm working on Tisbury’s comprehensive wastewater plan.
The meeting began as a joint session with the town finance and advisory committee to interview candidates for three short-term vacancies on the committee.
Four residents have applied for the three seats, which are up for election in April: Dan Seidman, a former longtime member of the planning board, India Rose, a business consultant whose mother is on the finance committee, Kelley Metell, a teacher who is married to DPW director Kirk Metell, and Allan Rogers, a part-time bus driver for the Vineyard Transit Authority.
A vote on the appointments is planned for August 25.

Comments
So the Board kicks Vineyard
Tizzy Haven VHSo the Board kicks Vineyard Grocer in the shins, jerks around Canha for 9 months, but lets Trip's boarding house basement slide. Anyone else understand the rules here?
I am starting a grass roots
TC VHI am starting a grass roots effort to bring back Tristan Israel. He was the best! Did so much for the Town!
What is it with power? Give
JayCee TisburyWhat is it with power? Give the Board a taste of power and they become ruthless and lose perspective and common sense. It's government by bullies. I know Mr. Silva. A good man and upstanding citizen. It's a shame if he has to sue the town he's done so much for.
Another stellar performance
Carla Cooper EdgartownAnother stellar performance by the Tisbury Board of Selectman. Denying a permit out of spite to an essential year-round, minority-owned business.
I would like to reiterate the
Elaine Oak BluffsI would like to reiterate the comments of Carla Cooper and the previous two writers: To deny this permit -- DURING A PANDEMIC -- to a business that is serving our community so well is simply irresponsible, and lacks any reasonable justification. Perhaps a fine for tardiness, but outright denial of a permit at this time makes no sense whatsoever. The Vineyard Grocer is serving this island community in a way that no other food business has done so far: When we arrived on the island in early June, we went into quarantine and worried about how we would get our food safely,and Vineyard Grocer was our answer! We began relying on them to deliver our food, promptly and efficiently during those first weeks. Now -- since we are elderly and vulnerable to the virus -- we still avoid going into stores, and Vineyard Grocer allows us to do curbside pick-up (actually placing the food items directly into the trunk of our car). We have gotten the best produce, island-baked goods and other grocery items from this incredible small business that the Tisbury Board of Selectman should be celebrating, rather than punishing! Shame on them!
Vineyard grocer should have
Concerned citizen West TisburyVineyard grocer should have been visted a longgggggg time ago shoot u should see the sketch junk kitchen they make all the pre made plates in the basement about time stuffs be address the health department needs to actually do there job around here in my opinion health dartment let’s way to many things slide around here start slapping fines and get this place in order it’s not the old school vineyard anymore pull it together so your job have these quick food places are completely disgusting
We all need more choice, and
WD Vineyard HavenWe all need more choice, and Vineyard Grocers provides just that. The owner is a respected and honorable part of this community, who does more for many here than many of us combined. We should be thanking him for providing the services and forward thinking he offers. We live in a difficult time, and to be doling out such harsh verdicts does no one good - certainly not the customers who rely on the market. Fine him and move on.
Vineyard Grocer is a solid
Islander/Employer Martha’s VineyardVineyard Grocer is a solid grocery that I, among many others, have been using for curbside, since the start of this pandemic. A great service to the community and also a smart business decision. There were plenty of glitches, our orders were often incorrect, etc. But they always accepted refunds and did their jobs well. However. It is inexcusable to continue prepared foods business when permits are not approved. This has nothing to do with minority-owned businesses! If other stores did the same, Cronig’s say, it would not be about that, it is a false equivalence. The truth is that they skirted regulations to make money and serve communities at the expense of other businesses who played by the rules. We do not live in a free for all society and what makes America fair for all businesses on this Island must be that the same rules apply to ALL. So leave behind this “minority” argument - it only reinforces any company of minorities who skirt permit approvals and builds further resentment among those who abide by town permits. Vineyard Grocer was very wrong to do this, no doubt they understood when they kept going that they knew. They are smart as a business. It was wrong. We live on an island together based on trust. Elio broke that public trust.
Hmmmmm
Jim MenenshaHmmmmm
The board sees a stalwart tax payer display some old fashioned innovative common sense ... he’s demonstrated competency and is satisfying a demand - and now he wants to make it permanent ...food prepared and served on site..
“How dare he?
Let them eat cake ....”
Bring on the Cheese Weezels and make way for the delivery trucks !
I am so saddened to read this
Elliot Kronstein West TisburyI am so saddened to read this article. Elio has been a model citizen in every sense of the word. He is a hard working caring person. He is a model for young people to look up to. And this is how you treat him?
Anybody else see a pattern
Charles GiordanoAnybody else see a pattern with Elio getting kicked in the shins over the years? The inconsistency of the selectmen in their voting patterns and speech is appalling. They are “selective” in the worst way.
Hard to grasp the logic in
Rich Vineyard HavenHard to grasp the logic in denying the license. VG either complies or it doesn’t. It’s an abuse of discretion otherwise, and it makes no sense to allow VG to continue to sell these products following denial of the license.
Speaking of grass roots
Sara Oak BluffsSpeaking of grass roots movements as TC from VH was, I think Oak Bluffs should submit a petition to Mr. Silva, one of the hardest working, most pleasant businessmen I know, to relocate to OB, or at least consider our town for his next endeavor. Perhaps he and Bob Pacheco (Reliable Market), another hard working, pleasant businessman could work out something together. Vineyard Haven selectmen don't deserve you, Elio!
This is shocking to read!
Shocked Tisbury Resident Tisbury, MAThis is shocking to read!
On an island like this, we know what a lot of business owners are like behind the scenes. There is good reason for the many comments in support of Elio and his business; he literally always has the best interests of the community in mind.
What's crazy about this, is that he has met the requirements. It says right there in the article that this was the final step of "completing all the requirements to be licensed." So as punishment for taking time to complete those steps, the Board has decided unanimously to reject the approval for a business that has completed the requirements? What kind of logic is that?
I want to trust that our Selectmen are not looking for ways to "show a point" by punishing and/or talking about aiming to close businesses that are serving our community. I hope the appeal is quickly approved and that we can aim to support our businesses and community members better than this.
recent post by the Island
Kib Bramhall West Tisburyrecent post by the Island Food Pantry on Instagram: "We are thrilled to offer so much fresh produce to our recipients! Thank you to the Vineyard Grocer and Health Food Store for their generous contributions which help keep our bags stocked with healthy food."
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