Loading...
HomeMy WebLinkAbout2016-11-29 Community Planning and Development Commission MinuteslorR V. � u ., ilrr fit, e'r^' 1NCOFpO�+C" Town of Reading Meeting Minutes Board - Committee - Commission - Council: RECEIVED ,N.4 CLERK -, —ING. MASS. Community Planning and Development Commission 1011 JAN I A 8: 31 Date: 2016-11-29 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Session: Purpose: General Business Version: Attendees: Members - Present: Nick Safina, John Weston, Dave Tuttle Members - Not Present: Jeff Hansen, Karen Goncalves-Dolan Others Present: Board of Selectmen, Town Manager Bob LeLacheur, Assistant Town Manager Jean Delios, Community Development Director Julie Mercier, Administrative Assistant Paula Schena, Town Counsel Ray Miyares and Ivria Fried Minutes Respectfully Submitted By: Julie Mercier on behalf of Nick Safina Topics of Discussion: The Commission was in attendance at the Board of Selectmen meeting to discuss Ballot Question #4 regarding retail marijuana, and next steps within the Town. Chair Nick Safina called the meeting to order at 8:20 PM. Retail Mariivana Mr. Miyares summarized the implications of the affirmative statewide vote on Question #4 on the Town, which voted against Question #4, and outlined three options for the Town to consider in order to protect itself upcoming months: 1. Prohibition of Marijuana Establishments - would include all types of establishments: cultivation, testing, manufacturing, and retail. 2. Prohibition of Marijuana Retailers - would prohibit retailers (and wholesalers) but would still allow growing facilities where agricultural uses are permitted, and so on. 3. Moratorium on Marijuana Establishments - would put a freeze on all types of establishments until August 2018. Mr. Miyares explained that Registered Marijuana Dispensaries, backyard growing, and consumption would still be allowed under any of the three options. The option that is chosen will need to become part of the Town's Zoning Bylaw. Thus, the Board of Selectmen is tasked with determining which option(s) to pursue, and the CPDC must agree, and then hold a public hearing before putting any option(s) on the April Town Meeting Warrant. Though the CPDC Agenda does not specifically state that retail marijuana options were to be discussed or voted on tonight, as it was not reasonably anticipated prior to the posting of the meeting agenda, this process can proceed. Chair Safina made a statement to that effect on the record. Page 1 1 Mr. Miyares explained that the Town's existing Medical Marijuana bylaw includes a provision that prohibits all other types of marijuana facilities, but that the bylaw language differs from the language in Question #4. In addition, it appears that a full prohibition would require a "vote of the voters," so the existing language, if maintained, would need to be ratified as a ballot question. He stated that while only the two prohibitions would need to be voted on via a ballot, all three options would require a 2/3 vote of Town Meeting. Given the existing bylaw language prohibiting non-medical marijuana, a ballot question on a prohibition would seem to simply reaffirm the Town Meeting vote related to the Medical Marijuana bylaw. However, the process still needs to be carried out. If Town Meeting adopts a prohibition, but the voters do not, the prohibition would probably not stand. A moratorium would require a 2/3 vote of Town Meeting only and would not be considered a prohibition. It would likely be upheld in court as it is justified by a planning concern, and it would give the Town time to see how the Attorney General responds to prohibitions in other towns, to see whether the legislature changes any of the language, and to understand how the Cannabis Control Commission (CCC) intends to undertake its process. The Board of Selectmen discussed the three options and considered sending them all to the CPDC for public hearings. Mr. Miyares explained that one public hearing could encompass all three options, and that all three options could also end up on the Warrant if needed. He also explained the importance of publishing the legal ad sooner rather than later: zoning bylaw amendments have a claw -back provision that allows, if voted affirmatively at Town Meeting, for them to be effective retroactive to the date of publish of the legal ad. As December 15, 2016 is the date that certain aspects of the ballot initiative become effective, it is important that a legal ad for the option(s) chosen be published prior to that date. The public hearing has to be held within 65 days of publishing the legal ad. Chair Safina asked whether the legislature might change the definitions. Mr. Miyares replied in the affirmative, and indicated that the Town would then have to decide whether to revise its own language to match any changes. Mr. Tuttle asked what would happen if the Town did nothing. Mr. Miyares responded that there is currently no distinction between 'retail' and retail marijuana' in the Zoning Bylaw, so a retail marijuana shop could open in any Zoning District where retail is allowed. Mr. Tuttle asked if the statute includes a definition for distinguishing any retail from retail marijuana. Mr. Miyares responded that a license is required from the CCC in order to sell retail marijuana. Elaine Webb, 309 Pearl Street, indicated that every precinct in Town voted no on Question #4, and stated her preference for a prohibition. She suggested that the ballot be very clear and avoid confusing voters with 'marijuana establishment' versus 'marijuana retailer.' Mr. Miyares explained that the Moratorium would act as a safety net. It would allow the Building Inspector to say no, and would buy the Town time to figure out what to do if a full prohibition fails at the ballot. The Board of Selectmen voted to send the Prohibition of Marijuana Establishments and Moratorium on Marijuana Establishments to the CPDC for public hearings. Mr. Tuttle moved to have the CPDC host a public hearing to consider the two options for retail marijuana, and to have Planning staff prepare a legal ad for such. The motion was seconded by Mr. Weston and approved with a 3-0-0 vote. Chair Safina indicated that the process for this public hearing will be like any other. The Commission will review each option and solicit public feedback. Mr. Weston indicated that with staff help, the CPDC will get the word out, and that all Boards, Committees, and Commissions in Town will be invited. Page 1 2 Mr. Tuttle moved to adjourn the meeting at 9:50 PM. The motion was seconded by Mr. Weston and approved with a 3-0-0 vote. Documents reviewed at the meeting: CPDC Agenda 11/29/16 BOS Agenda 11/29/16 Draft Zoning Bylaw Amendments prepared by Town Counsel: (a) Moratorium on Marijuana Establishments (b) Prohibition of Marijuana Retailers (c) Prohibition of Marijuana Establishments Page 1 3