8/15/2018 PLANNING BOARD Minutes

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Schedule Public Hearing for Proposed Bylaws-The Chair stated that she wished to schedule a public hearing for consideration of the proposed Bylaws. Mr. Lehrer responded that a Public Hearing could not be scheduled until the"Warrant had been closed by the Board of Selectmen, adding that the Selectmen had two weeks to notify the Planning Department, The Chair responded that the Selectmen had 14 days to submit anything that they received, but it was Mr. Lehrer's understanding from Tom Fudala that they had not met that deadline in 33 years. There was discussion whether it was legally allowable to schedule a Hearing in advance of the Warrant officially being closed. The Chair expressed her concern that it may leave just one night to schedule a Public Hearing, expressing specific concern about Raze and Replace. The Chair referenced Chapter 40A, Section 5, stating that the deadline commenced from receipt of the Zoning Bylaw by the Selectmen. Attorney Kathleen Connolly, serving as Town Counsel, confirmed that the Planning Board could schedule the Public Hearings, and not have a Public Hearing if the Warrant was not released. Hearings would be scheduled for the first and third meetings of September. Raze and Replace was submitted by the Board of Appeals. Mr. Lehrer indicated that, due to the constraints of paper deadlines, the Board would need to schedule the hearings for the second meeting of September and first meeting of October. MOTION: Mr.Balzarini made a motion to schedule a Public Dearing for any Zoning Articles submitted to the Planning Board for the 19'x'of September at 7:10 p.m. Mr. Kooharian seconded the motion. All voted unanimously. MOTION: Mr. Balzarini made a motion to schedule, on October 311, a Public Hearing at 7:10 p.m. for any Zoning Articles submitted. Mr. Kooharian seconded the motion. Allvoted unanimously. The Chair inquired about the expected Zoning Articles and Mr. Lehrer responded that it would include the Mixed Use Planned Development Bylaw, Board of Appeals Raze and Replace and Light Industrial Overlay District. ADU would be withdrawn. The Chair inquired how Light Industrial Overlay District was placed on the Warrant. Mr. Lehrer had deferred to the Town Manager and Town Counsel and read for the record a legal determination from Town Counsel, Pat Costello. The statement indicated that the Town Planner was supervised by the Town Manager, reporting to and with duties and responsibilities established by the Town Manager and would work with other offices, Boards and agencies. The Board of Selectmen had statutory authority under Section 5 of 40A to initiate Zoning Bylaw Amendments and the Town Planner would be acting within the scope of his office by submitting proposed Zoning Amendments to the Board of Selectmen, through the Town Manager or with the Town Manager's consent, without approval from the Planning Board, despite past practices. The Chair responded that the Town Manager was not listed as someone who could submit Zoning Bylaw changes in Section 5 of Chapter 40A. The Town could set a different method in the Municipal Charter, but the Chair has not found where it authorized someone to initiate a Zoning Bylaw change. Ms. Connolly responded that towns could, through Home Rule Authority, adopt more stringent Zoning Bylaws. Section 2.7 of the Charter allowed all subjects to be acted on by Town Meeting and shall be placed on Warrants issued by the Board of Selectmen, with the exception of Petition Articles. The Chair read Section 2.7 and asked for further clarification. Ms. Connolly noted that custom and practices vary, and although it was common practice for the Planner or Planning Board to submit Zoning Articles, the Board of,Selectmen determined which Articles would be added to the Warrant, 4