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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