8/15/2018 PLANNING BOARD Minutes

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notifying the Planning Board within 14 days. The Chair responded that 40A provided a specific procedure, suggesting that any staff member could submit a zoning change, but that a taxpayer resident could not. The Chair requested that the Board receive a copy of the opinion, to which Ms. Connolly agreed. It was the Chair's opinion that a staff member should not have greater authority over the Zoning Bylaw than a voter/resident/taxpayer where Chapter 40A has protected the process. Ms. Connelly responded that the Planning Board would still review the Bylaw. The Chair understood if a need had been expressed in a public session and considered by the Board of Selectmen and then delegated to a staff member. The Chair expressed concern if there was no identified need or public process addressing the need. Mr. Lehrer wished to speak but was not recognized. Ms. Connolly stated that staff was appointed by and reported to the Town Manager, The Chair stated that the Zoning Article was submitted by the Town Planner, not parties authorized by 40A to submit Zoning Articles. Ms. Connolly responded that it was appropriate for the Town Planner to fulfill a request by the Town Manager. Mr. Collins reported that the EDIC requested that he review the Light District Overlay, which he deferred to the Town Planner, in an effort to encourage new development. It was known that the Planning Board would have the opportunity to recommend or not recommend the proposed Article. Mr. Collins agreed that the Article should be reviewed by the Planning Board and the Town should consider the Board's recommendation and agreed that public input was necessary to determine whether it was a good or bad idea. The Chair requested the minutes of the EDIC meeting showing the request, adding that issues should be publicly discussed. The Chair stated that she did not wish for a staff person to be assigned work on Warrant Articles without the knowledge and participation of the Planning Board. The Chair stated that she was uncomfortable with the Planning Board being removed from basic amendments to the Zoning Bylaw, Mr. Collins responded that some Articles had been withdrawn prior to review by the Board of Selectmen, and the Chair expressed her appreciation. The Chair inquired whether there was a retail marijuana Zoning Article under consideration and Mr. Collins responded that he would forward it to the Board. The Chair noted that, if it was a zoning issue, the Planning Board could be of assistance. Mr. Collins responded that an Article to prohibit retail marijuana would be introduced. Should voters opt not to prohibit retail marijuana, it would be necessary to offer an alternative, Mr. Lehrer asked to speak, and he was recognized by the Chair. As stated at the last meeting, Mr. Lehrer indicated that he never intended to usurp the power of the Planning Board by submitting a proposed Article. Mr. Lehrer identified a need after attending an EDIC meeting and studying the issue with the Building Inspector and local businesses, the potential for the industrial district that was underutilized. In addition, Mr. Lehrer was seeking to expand opportunity in the Town while also enhancing the architectural integrity of an area that led into the Historic District of Mashpee. Given the need, Mr. Lehrer hoped that the Board would give it due consideration because he felt it was a well-written Bylaw that could have a great impact on the Town. Mr. Lehrer further stated that he wholeheartedly cared about the success of Mashpee and was well-trained in Planning. The Chair asked how she could encourage Mr. Lehrer to submit his Articles well in advance of deadlines to the Board of Selectmen. Mr. Lehrer responded that the discourse on Mashpee Commons had occupied much of his time and he felt the necessity to forward this particular Article to the Selectmen. Moving forward, Mr. Lehrer assured the Board that he would do everything in his power to foster strong lines of communication with them, and asked for the same. The Chair suggested establishing a deadline of three months before the deadline to submit Bylaws. Mr. Lehrer responded that, should there be a need identified that could be addressed with a zoning change, he would bring it to the next Planning Board meeting so that the Board could propose an appropriate timeline. The Chair suggested that a deadline 5