Notes from the Planning Board, January 3, Hybrid meeting

Present:

• Kate Fletcher, Chair, Lis Fletcher, Marie Rafferty, Nancy Sosha, Wayne Slosek
• Carl Sprague via Zoom
• Donna Brewer, Town Counsel (TC)
• Patrick White, Chair Select Board
• Anita Schwerner

1. With respect to the minutes, Raftery asked if the minutes should reflect that a conclusion reached about transferring Lake and Pond Overlay District (LPOD) to ConCom. Fletcher said no conclusion was reached. Raftery asked if they could discuss LPOD and reach a conclusion. It was the only thing on current agenda so discussion was in order, however, Fletcher wanted time for a "close read" before conclusion.
2. Minutes approved as written.
3. Fletcher introduced TC and said she was present to answer questions.
4. The first question: Was Tom LaBelle, ConCom, correct when he said ConCom could not take over LPOD because ConCom was not a special permitting commission? TC: correct
5. Slosek: Our discussion last meeting was what to do to have ConCom take over LPOD. If Tom is right, is there anything we can do? Both Wheeler and Slosek asked is LaBelle right? TC said he was but ConCom can take over parts of LPOD and PB could keep issuing of special permits
6. Fletcher suggested maybe LPOD is not working that well and PB should review and suggest bylaw changes.
7. Others said that would cause delaying a decision again.
8. TC suggested splitting up LPOD and further suggested transferring LPOD to General Bylaws to ease the process of reassigning parts
9. Fletcher asked a question about site plans and TC responded that based on court precedent, PB can only approve the permit or approve with conditions cannot turn down a special permit
10. Fletcher again mentioned "close read" and rewriting LPOD. Wheeler said is was clearly reading just matter — as TC suggested — of taking parts out and placing with ConCom
11. Slosek asked TC if this was a sensible process. TC said yes — best practice to take out what PB does not usually deal with
12. Rafferty said "we don't want giant houses on small lots."
13. Fletcher said any approach should be systematic and incremental — PB should keep Raftery's idea on the back burner. Someone objected that they won't get anywhere. Fletcher said we'll think about density. Sprague said there are only a few tools to control density around the lake and LPOD does control density
14. TC pointed out that design is not covered in LPOD
15. White was opposed to splitting off parts of LPOD. White felt the important thing was to enforce our bylaws whichever Board or commission oversees.He suggested joint oversight and enforcement by PB and ConCom
16. Slosek "if it's our job let's do it"
17. Fletcher suggested removing discretion and rewrite to make requirements "cut and dried" — again suggested "study and rewriting"
18. Wheeler suggested creating a pamphlet explaining requirements for dissemination to the public.
19. Chair said there was consensus; another member said there did not appear to be

Meeting adjourned.

Photo: Patrick White