8/1/2018 PLANNING BOARD Minutes - Laserfiche WebLink

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The Chair referenced the three additional bylaws listed on the agenda, noting that in years past, the Town planner did not submit bylaws without the review of the Planning Board. Bylaws were typically submitted by the Planning Board in some form. According to Chapter 40A, the proposal for a bylaw could be initiated by City Council,Board of Selectmen, Zoning Board,, individual landowner affected by the proposal, 10 or more or 100 or ern ore voters,Planning Board, regional planning agency or method provided by:a municipal charter. The Chair could Find nothing in Mashpee}s Charter that would allow the Torn Planner to submit a bylaw to the Board of Selectmen. The Chair asked Mr. Lehrer how he came about the process. 'Mr. Lehrer referenced the bylaw-for ADU which carne about in answer to the demand for units, and interest expressed by the community and members of the Board of Selectmen, who recommended he draft it for their consideration, ice-. Lehrer was nearer warned that his submission would be non-compliant or illegal. The ward of Selectmen could place the Article on the Warrant and, post submission, the Article mould return to the Planning Board for review. The Chair stated that it was not illegal but it was not submitted in compliance with the Charter and Massachusetts General Law Chapter 40A. Mr. Lehrer will consult with Town Counsel but he believed the Board.of Selectmen controlled the Warrant. Mr. Lehrer wished to clarify any issues. It was the Chair's opinion that Mr. Lehrer was usurping the Planning Board by submitting a zoning bylaw to the Torn Meeting Warrant without first consulting with the Planning Board. Mr. Lehrer responded that he did not usurp the power of the Planning Board, that he wrote the language for bonsideration and that it would still return to the Planning Board, The Chair stated that Planning Board bylaws were typically considered 6 months in advance, with a Grote to submit, adding that it was important that the Planning Board maintain its role as an elected body. Mr. Lehrer inquired hoer it would alter their.role and the Chair responded that they had only until September l l to review the proposed bylaws and expressed her discomfort with going against the Charter and Massachusetts General Later Chapter 40A. It was lir. Lehrer's opinion that he was not stripping the Board of its authority because they could choose to endorse or not endorse the bylaws. The Chair asked Mr, Lehrer to withdraw his proposed bylaws and Mr. Lehrer responded that he would discuss it with the Town Manager and Town Counsel. The Chair stated that she emailed Rodney Collins about withdrawing the proposed bylaws. Mr. Bal a.rini explained that typically the Planning Board discussed proposed bylaws before sending it along to the Selectmen and Ir. Lehrer apologized stating that he did not intend to cause an issue. The Chair expressed frustration that recent actions with Mashpee Commons and Planning Board not being part of the process had been the main item on Planning B oard agendas. Ir, Lehrer suggested that it was the Chair's narrative but the Chair responded that it was her responsibility as Chair to stand up for the Planning Board, Mr. Lehrer stated that he was standing up for the Town. Mr, I oohari an stated that there had been an established order in which the Planning Board had done business, and changes with no' communication, can cause frustration, Democracy has been based on established order. The Planning Board wi shed to keep with the established order. Mr. Lehrer stated that he had been seeking feedback from the Board that he eras learning and needed help, It was nearer his intention to usurp the authority of the Board. The Chair again asked Mr. Lehrer to withdrdw the bylaws a.nd Mr. Lehrer responded that he would not comment further and take i under advisement. The Chair tabled discussion about the zoning. if