HomeMy Public PortalAbout03-11-2014 Associate Member to the Planning Board_201403070909497666 TOWN OF
1630 WATERTOWN
• Office of the Toton Manager
47:
Administration Building
149 Main Street
' Watertown,MA 02472
Phone:617-972-6465
Michael J.Driscoll Fax:617-972-6404
www.watertown-ma.gov
Town Manager towmnerCawaterrown-nua.cov
To: Honorable Town Council
From: Michael J. Driscoll, Town Manager �✓�� �
Date: March 6, 2014
RE: Associate Member of the Planning Board
As you recall, on July 16, 2013 the Honorable Town Council voted to approve adding an
alternate member to the Planning Board and to ask the town attorney to draft an ordinance to
achieve this (see attached July 9t' Committee on Economic Development & Planning report).
On December 6, 2013, the attached email was forward in Miscellaneous Items to
Council.
On February 27, 2014, the attached email was forwarded regarding a proposed ordinance
amendment relative to the appointment of an Associate Member to the Planning Board.
As a follow up to a brief discussion with the Honorable Town Council President Mark S.
Sideris, I will bring this up under Communications from the Town Manager at the March 11,
2014 Town Council Meeting for further discussion.
Thank you for your consideration in this matter.
cc: Steven Magoon, Director of Community Development and Planning
Mark E. Reich, Esquire, Kopelman and Paige, P.C.
MEETING MINUTES
COMMITTEE ON ECONOMIC)DEVELOPMENT tttld PLANNING
Meethlge J111y 9, 2013
Rel3artt Jtdy16, 2013
Attending%veto:Economic Development Committee members Steven Corbett,Chair,fohu
Donohue,Vice Chair,and Susan Falkoff,Secretary,and PlatmingDlrector Stephen Magoon,The
mooting was called to order at 1 PM.
1, Ra-appointment Linda Tuttle-Bi rlettn to the planting Board,
Tlils appolnfinent teas tabled at ilia March 28 meeting due to coueems raised by Councilor
Donohue,Comellor Corbett wanted more time to Investigate the concerns.After speaking to
members of the Planning Board and town officials and Ms Barletta and others, Coutcilor Corbett
concluded that Ms Barletta makes it good contribution to the Board. He feels reassured that she
would support tine town ordinances and was not opposed to all development.
Councilor Donohue said that Ills intention in questioning rho appointment was to raise an overall
concern about lite difficulty finding qualified people to fill town boards. He belle-yes ilia town
has great potential for now development and wants to be certain that all Board members have it
balanced view flint will allow the town to move forward in n positive direction,
CouncliorFalkoff made,a motion to recommend the renppolnhnent,seconder)by Councilor
Donolmo,and ilia motion passed unanimously.
11.Planning Board composition
Duringthe March 28 discussion,the committee had recognized that the Platming Board fins five
members and no alternates.Since this Is the sole permitting authority for Pleasant Street and the
state law requires four votes to pass it project,if any one membor is absent,approvals require a
unaulnrous veto of the inombers present,This puts tremendous pressure on each member and can
make the process seem unfair. Mr,Magoon roportal that the sluts statute allows a Ptauuhng
Board to have f-om five to little members and an alternate.After soma discussion,Councilor
Tnikoff moved to ask the Rill Counclt to approve adding an alternate to ilia Planning Board and to
ask the town aitormy to draft an ordinance to achieve this.The motion passed by a unnulutous
vote.
TIT, Fee Changes
Councilor Corbett asked about ilia fee changes that(Ito PlatuingDopartmont had recommended
during the budget hearing. He questioned soma particular items••Mr.Magoon will provide morn
Information on the recommendations at our next hooting.
IV. ComprohonstvePlanningUpdnto
The committee inquired about the comproliensive planning process,Mr.Magoon will invito the
consultants to come and speak with this commltteo at our next meeting,scheduled for July 30 at
1;3o PM,
The meeting adjourned at PM,
Rospectflilly submitted,
SusAuFaikoff, Secretary
Driscoll, Michael
From: Driscoll, Michael
Sent: Friday, December 06, 2013 4:10 PM
To: Osmond, Marsha; Hand, JoAnna
Cc: 'Mark R. Reich'; Magoon, Steven
Subject: TOWN COUNCIL REQUEST FOR INFORMATION -PLANNING BOARD COMPOSITON
Attachments: 20131206160662157.pdf
Please include in today's Misc Items to Council.
1
Driscoll, Michael
From: Mark R. Reich[MRelch&-plaw.com]
Sent: Friday, Decerber 06, 2013 2:61 PM
To: Driscoll, Michael
Cc: Magoon, Steven
Subject, RE: Planning Board Composition
Mr. Manager -
The provisions of G,L, c,40A §9 allow for the appointment of associate members of the
Planning Board for special permit granting purposes under, an ordinance providing for such
positions, We will work with Mr. Magoon on an amendment to the existing ordinance relative
to the membership on the Planning Board allowing for the appointment of associate members as
allowed by the statute,
Thank you.
Mark
Mark R. Reich, lisp,
Kopelman and Paige, P,C,
101 Arch Street
12th Floor
Boston, MA 02110
(617) 556-0007 (voice)
(617) 654-1735 (fax)
mreichft-nlaw,com
This message and the documents attached to it, if any, are intended only for the use of the
addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain
ATTORNEY WORK PRODUCT, If you are not the intended recipient, you are hereby notified that
any dissemination of this communication is strictly prohibited, If you have received this
communication in error, please delete all electronic copies of this message and its
attachments, if any, and destroy any hard copies you may have created and notify me
immediately.
Original Message-----
From: Driscoll, Michael rmailto nndriscollkgatertown-ma.aovl
Sent: Thursday, December 05, 2013 2:16 PM
To: Mark R. Reich
Cc: Magoon, Steven
Subject: Planning Board Composition
Sir; as briefly discussed, please see the Committee on Economic Development and Planning
minutes related to the subject,
As agreed, please send along a note regarding same in order that I may include in tomorrow's
Misc Items to Council in response to Councillor Falkoff's request for information at the
November 26 Town Council meeting.
Thank you,
I
MEETING MINUTES
COMMITTEE ON ECONOMIC DEVELOPMENT and PLANNING
Meetitlgl July 9r 2013
Reportt Julyi6, 2013
ARertding worn;Foonotnic Development Committee members Steven Corbett, Chair,John
Donohue,Vice Chair,all([Susan Palkoff,Secretary,and Planning Director Stephon Magoon,The
mcotfng was called to order at I PM.
I, Re-appohthnent Llmdo Tuttle-Barletta to the plarumhrg Banc(],
Tills appointment was tabled at tho March 28 meeting clue to concerns raised by Councilor
Donohue.Councilor Corbett wanted more tiro to investigate tho concerns, After speaking to
members of the Planning Board and town officials and Ms Barletta and others,Councilor Corbett
concluded that Ms Barletta makes a good contribution to the Board, He feels reassured that sho
would support the town ordinances and was not opposed to all development.
Councilor Donohua said(hat his intorWon in quesiloning rho appointment was to raise art overall
concern abouttiie e8ffioulty finding gaalifted peoplo to fill town boards. Ho believes rho town
has great potential for new development and wants to be certaln that off Boar<f members;have,it
balanced view that will allow the town to move forward In a posttive direction,
CouncilorPalkoff made a motion to recommend the renppohntment,seconded by Councilor
Donohuo, and the motion passed unamlmotrsly,
II,Planning Board composition
During-tho March 28 discussion,the oommitteo had recognized that th011atuting Board has five
members and no alternates.Shice this is file sole permitting authority for Pleasant Sheet and the
state law requires four votes to pass a project,if any ono inembor is absent,approvals require a
unanimous vote of the members present.This puts tremendous prossure al each member and call
make,tho process seem unfair. Mr.Magoon reported that the stale,statute allows a Planning
Board to Nava floor five to nino members and an alternate.After some,discussion,Councilor
Talkoff moved to ask the fldl Councit to opprovo adding an alternate,to file Planning Board and to
ask the town attorney to draft an ordinranee to acblove this,The motion passed by a unmilmous
vote.
111. Foo Changes
Councilor Corbett asked abort the fee changes that the Plamilng Doparhnont had recommended
during the budget hearing• Ile questioned scale particular Items"Mr. Magool wilt provide moro
Information or the recommendations at our next meeting,
IV, ConprohonstvellmudngUpdato
The committoo Inquired about the comprehensive planning process,Mr.Magoon will fmvito the
oonsulimlks to come and speak with this commnitteo at our next meeting,scheduled for July 30 at
1;30 PM,
The meeting adjourned at 9,PM,
RospedAilly submihed,
SusanPalkoff, Secretary
Hand, JoAnna
From: Driscoll, Michael
Sent: Saturday, March 01, 2014 2:28 PM
To: Hand,JoAnna
Subject: FW:Ordinance Amendment -Associate Planning Board Member
Attachments: KP-#490236-v2-
WATR__Ordinance_Amendment_for_Appointment_of_Associate_Planning_Board_Memb
er.DOCX
Please see me on Monday morning; thanks.
From: Mark R. Reich rmailto:MReich@k-olaw.coml
Sent: Thursday, February 27, 2014 3:25 PM
To: Magoon, Steven
Cc: Driscoll, Michael; Mary Giorgio
Subject: Ordinance Amendment- Associate Planning Board Member
Steve—
Attached is a proposed ordinance amendment relative to the appointment of an associate member to the Planning
Board. The appointment commencement date has been left blank as the Town may want the first appointment to
coincide with the expiration date of the terms of the current planning board members,although that may not be
important. It is my understanding that the current board members have staggered terms all expiring on February 15th
of 2014, 2015 or 2016. Since the initial appointment will not be effective by February 15th,the language can be revised
so that the initially appointed associate member has a slightly shorter term. If this issue is not of importance,you can
insert a date as you deem appropriate.
Please contact me with any questions.
Mark
Mark R. Reich, Esq.
Kopelman and Paige, P.C.
101 Arch Street
12th Floor
Boston, MA 02110
(617) 556-0007 (voice)
(617) 654-1735 (fax)
mreicha,k-olaw.com
This message and the documents attached to it, if any, are intended only for the use of the addressee and may
contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK
PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this
communication is strictly prohibited. If you have received this communication in error, please delete all
electronic copies of this message and its attachments, if any, and destroy any hard copies you may have created
and notify me immediately.
t
Ordinance# 2014-
An Ordinance Authorizing Appointment of an Associate Member of the Planning Board
Whereas, the provisions of G.L. c.40A, §9 allow zoning ordinances to provide for associate
members of a planning board when a planning board has been designated as a special permit
granting authority; and
Whereas, there is a need for associate members of the Watertown Planning Board for
consideration of particular special permits.
NOW THEREFORE BE IT ORDAINED by the Town Council of the City known as the Town
of Watertown that the Watertown Code of Ordinances, Article IX,Enforcement and Application
Procedures, is hereby amended to add the following new Section 9.23:
ADDOintment and Term:
The Town Manager shall appoint, subject to the confirmation of the Town
Council, one associate member of the Planning Board, as authorized by the provisions of
G.L. c.40A, §9. The initial appointment of the member shall be made no later than 30
days from the effective date of this provision.
The associate member shall serve a three-year term. The initial associate member
shall serve a term beginning on . The member may be removed for
cause after a hearing. At the conclusion of the associate member's term, or at the time
the associate member resigns or is removed for cause, the Town Manager shall either
reappoint the associate member or appoint a new associate member to the Planning
Board, subject to the confirmation of the Town Council. If the associate member does
not complete his or her three-year term, the new associate member appointed by the
Town Manager shall serve the remainder of the term of the previous associate member.
Scone of Duties:
The chairman of the Planning Board may designate the associate member to sit on
the Board for the purpose of acting on a special permit application in the case of absence,
inability to act, or conflict of interest, on the part of any member of the Planning Board or
in the event of a vacancy of the Board.
AND FURTHER BE IT ORDAINED that that the Watertown Code of Ordinances, Article Il,
Definitions, Section 2.78, Special Permit, be amended by deleting the existing language and
inserting in place thereof the following:
A permit for certain exceptions specified in this Zoning Ordinance to the zoning
regulations contained herein which may be allowed at the discretion of the Board of
Appeals, or in certain instances, the planning board; subject to the provisions of Section
9.04—9.13 and section 5.16.
Council Member
I hereby certify that at a regular meeting of the Town Council for which a quorum was present,
the above Ordinance was adopted by a roll call vote of_for, against,_present on
. 2014.
Valerie Papas, Council Clerk Mark S. Sideris, Council President
490236/WATR/0018