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HomeMy WebLinkAbout2014-05-28 ad Hoc - Zoning Advisory Committee Minutes`>7:I - `I 'sue '�•. Town of Reading Meeting Minutes Board - Committee - Commission - Council: Zoning Advisory Committee Date: 2014 -05 -28 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: David Tuttle George Katsoufis Eric Bergstom Jeff Hansen David Traniello Erin Calvo -Bacci Members - Not Present: Marsie West Others Present: Time: 7:30 PM RECEIVED TOWN CLERK r-- ADING. MASS. Zola JUN ib PS.;14 Location: Berger Room Session: Jean Delios - Assistant Town Manager, Community Services Jessie Wilson - Community Development Administrator Virginia Adams - Resident Nancy Doctor 371 Pearl Street Minutes Respectfully Submitted By: Jessie Wilson, Community Development Administrator Topics of Discussion: There being a quorum the Vice Chair called the meeting to order at 7:35 PM. Continue Review of proposed Bylaw for Medical Mariivana Mr. Traniello said he did some preliminary research on this topic. One question asked was what will Town Government's role be in preventing Medical Marijuana from coming to Reading. Mr. Katsoufis asked what is the state motivation for allowing these facilities. It was said that it was a ballot question and that the voters decided to allow them. Mr. Traniello said that the application process for medical marijuana facilities is on Phase 2 and the applicant would be issued a Conditional Permit at which then they could seek local permitting from the community. After they receive the local approvals /permits, the state license would become final. Mr. Traniello said there are three categories for this use; Cultivation, Processing and Retail Sales. A licensed physician with an on -going relationship with a patient would have to write a prescription for someone to seek medical marijuana at these facilities. He added there are only a select number of diseases and disorders that can be treated with medical marijuana. Page 1 1 Town of Reading - Meeting Minutes There was discussion regarding the Town's role in medical marijuana as it falls under zoning and its role in enforcement. Mr. Traniello said that it is up to the Community to determine how involved and hands on they want to handle enforcement. He added that it is very unlikely that an application for a facility would come through to a Town if it is not already received and under review by the state unless the state expands the number of allowed facilities. He did question what would happen after this round of Application and approvals. It may be possible that the state would open up another application period to more facilities. He also asked whether the Town would be consulting with Town Counsel in regards to the zoning aspect and then more general whether the Town will take the position to prevent a facility from opening. Ms. Delios said that VHB has Counsel for the Zoning Update. She recommended that the ZAC establish the draft language for these uses which could then be reviewed by Town Counsel. Ms. Delios pointed out she would recommend that a separate article be prepared for Medical Marijuana regardless of the timing for the update of the zoning bylaw. Mr. Tuttle feels that the political temperature of the Town is not of concern as it relates to zoning. He said the reason it is a concern is because there is a discrepancy between State Law and Federal Law. He recommends that the ZAC come up with good defensible language that addresses the use just as any other use. Mr. Traniello said he has heard from many people that they are shocked the Town cannot just ban this use. He feels the bylaw needs to be enforceable and credible to address as many of concerns in Town. Ms. Nancy Doctor said she supports this type of use from a medical standpoint. She said it is important to separate recreational use of marijuana from medical marijuana. She is in favor of treating patients with medical marijuana. She added that many of the existing pharmacies who support opiate addictions. Mr. Hansen said he read the draft language and feels it is excessive and takes on responsibility beyond zoning. He feels that the language is very strong and may be setting a precedent. Mr. Tuttle wondered how much it duplicates the state requirements. Mr. Traniello recommended drafting language that makes it credible, defensible, that is clear and meets the needs of the Town. He does not feel the use belongs in Downtown and is concerned in general because many of the business districts abut residential districts. He said that the potential environmental factors also need to be considered when thinking about locating these uses and the abutters of these locations. Mr. Katsoufis said that many people who live in the Downtown are aware of the potential impacts and are part of the style of living. This is much different than the suburban style of living. Ms. Virginia Adams pointed out the goal is to come up with the best language for this use, not to debate the pros or cons of the use. Mr. Tuttle pointed out that there is a provision in the General Requirements of the bylaw that prevents noxious or offensive uses. Mr. Traniello asked what this use falls under in terms of the use category. Retail? Mr. Tuttle said it would be considered 'other ". The ZAC reviewed the language for Lexington. Ms. Delios said that it was approved at their Town Meeting and is under review by the Attorney General. Page 1 2 Town of Reading - Meeting Minutes Mr. Hansen said that the proposed language is redundant with the state law, and there is also a lot of language similar to Site Plan Review and Special Permit process. He said he is not against zoning it outside of the Industrial Zone, but feels it may not pass Town Meeting if it is zoned anywhere else. Mr. Traniello pointed out that there is a section in the draft language that is in conflict of State law. He said the important points are; where it should be located and what distances from sensitive receptors. Mr. Tuttle suggested just going with the state requirements and then just zone a few locations. Mr. Katsoufis said we should figure out where the ZAC does want it to go and then adjust the distances or requirements to make it work where we want it. Mr. Traniello suggested that Staff take some preliminary distances for a map exercise. We will have to decide where it will go, including going into existing buildings, new buildings, industrial zone, others — that will pass at Town Meeting. The ZAC continued to discuss the requirements for this use, including design standards. It was recommended to use the CMR requirements. Mr. Katsoufis suggested not zoning it in a big box facility. It was agreed the draft language is an overbearing and should be re- evaluated. Mr. Traniello suggested having Staff look into the map exercise. Map Exercise - Create minimum buffers of 500 feet from sensitive receptors and another map with a 1000 feet (schools, daycare center, public recreational facilities such as parks, libraries, etc.) Unlicensed daycare centers do not apply said Mr. Traniello The ZAC discussed the location of the entries. Mr. Tuttle expressed concern that requiring a front door could be a violation of HIPAA. He added that the state law will provide the design standards. Mr. Traniello agreed that there will be other stipulations including security measures, signage, etc. required by the state regulations. Ms. Doctor pointed out that comments from the public forum indicate that people want the facilities to be transparent and within the eye of the public. They want it to be very open area under scrutiny. Mr. Tuttle said that for a medical use, there should not be any stigma associated. Ms. Delios asked if the bylaw language should have two separate sections for each type of use; the dispensary and the treatment center. The ZAC agreed it would be good to have it drafted that way. Mr. Katsoufis expressed concern that the medical marijuana bylaw may take up a lot of time at Town Meeting. He does not want to lose sight of the bigger Zoning Update. The ZAC discussed the requirement for Special Permit vs By Right. Mr. Tuttle said that the goal is that any application for the use would be heard before a board at a public hearing with abutter notification. Mr. Hansen said the bylaw should contain the following: Purpose Definitions Process Page 1 3 Town of Reading - Meeting Minutes Updating Table of Uses - or mentioning where it would be allowed. If by Special Permit, include ad basis for denial. Ms. Delios asked that if these uses are allowed by Special Permit; than what would the basis be for denial? The ZAC seemed amenable to having the use by right, but there was concerned that it may not be well received at Town Meeting. Mr. Tuttle pointed out that the Table of Uses currently has the production facility as an accessory use, and not a principal use. Review of Smart Growth Districts Ms. Wilson said she received an email back from the Consultant in regards to the 40R Districts. The idea is that there will not be any changes to these Sections besides consolidating the definitions to Section 2 (definitions sections). The ZAC agreed. She added that regardless, any changes will need to be reviewed and approved by DHCD as indicated by the Consultant. Mr. Tuttle said the Smart Growth Districts seem to work, but pointed out the developer for the current project in the Downtown had difficulty with the affordable unit requirement. The ZAC discussed a development proposal under MGL Chapter 40B in which the developer wants to move some affordable units from the PUD -R district to the 40B project. Mr. Traniello tabled Section 5 for the next meeting on June 2, 2014. Mr. Katsoufis asked about the idea of Architectural Projection and Historic Preservation. It was agreed to add the public forum discussion to the agenda for June 2, 2014. A1212roval of Minutes The ZAC reviewed the Minutes from May 16, 2014 and suggested minor edits. Mr. Tuttle moved the ZAC to approve the minutes from May 14, 2014 as amended. Mr. Bergstrom seconded and the motion carried 4 -0 -2 The ZAC reviewed the minutes from May 21, 2014 and suggested minor edits. Mr. Katsoufis moved the ZAC to approve the minutes from May 21, 2014 as amended. Ms. Calvo -Bacci seconded and the motion carried 6 -0 -0. Mr. Hansen moved the ZAC to adjourn at 9:35112M. Mr. Tuttle seconded and the motion carried 6 -0 -0. 9:35PM Page 1 4