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Home My WebLink About2017-04-25 Planning Board Minutes Town of.North Andover 5 0017 PLANNING BOARD .David Kellogg John Simons, Chairman m «. Lora McSherry� t LynneRudnicki ,�` . 1 Peter Boyrrtora a�!/%/ f'f Aaron Preston,Assoc. i Tuesday April.25, 2017(a 7 P.ni. 120 Hcairr Street Town Hall, North Andover, MA 01845 1 Present: J. Simons,L. Rudnicki, L. McSherry,P. Boynton,A. Preston 2 Absent: D. Kellogg 3 Staff Present: J. Enright, R. Oldham B. Wolstromer 4 5 J. Simons Chairman: The Planning Board meeting for Tuesday,April 25,2017 was called to order at 6:30 p.m. 6 7 CONTINUED PUBLIC HEARING: Annual Town Meeting Zoning Articles, 8 1 9 Article 11: Citizen Petition-Amendment of the Zoning Map to Include Expanded anded Medical Marijuana Overla 10 District. To see if the Town will vote to amend the Zoning Map of the Town of North Andover,Massachusetts by 11 including in the Medical Marijuana Overlay District that portion of Map 34, Parcel 17 shown on that MMOD Plan 1.2 dated Murch 3, 2017, attached hereto. ? 13 14 MMOD PLAN i 7 0 Y.yU'i' � I� ti�rX1N Y b✓/�Ma �� j/� � W 15 F� ,�/l,NJ�„ 16 17 Petition of Thomas E.Lee,et al 1 18 1.9 Planning Board Recommendation: Unfavorable Action Recommended on Article 11, L. Rudnicki made a 20 motion for unfavorable action on Article 11. P. Boynton seconded the motion. The vote was 4-0, unanimous in 21 favor. 22 Vote Required: Two Thirds (2/3)Vote 23 24 Article 9: Citizen.Petition—Amend Zoning Bylaw-Section 8: Medical Marijuana Treatment Facilities. To 25 see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8---Medical Marijuana 26 Treatment Facilities,by making the following amendments to Subsections 8.1.2.1, 8.12.3, 8.12.4, 8,.12.6(3)(c), 27 8.12.6 ( ) and 8.12,6(6)(b)(by identifying text which is deleted as strikethrough and text added as underlined), as. 1. Town of North Andover PLANNING BOARD John Simons, Chairman • - David 1!fiellogg Lynne Rrrdnicfri �� ff�un6U ��+, Lora McSheriy �1 ar^on Preston,Assoc. Peter Boynton Tuesda sApril 25 2017 7 p.m. 120 Main Street Town llalC North Andover MA 01845 28 follows: 29 30 8.12.1. Establishment: The Medical Marijuana Overlay District ("MMOD") is established as an overlay 31 district. The boundaries of the MMOD are shown on the Zoning Map on file with the Town Clerk and are 32 described below.Within the MMOD,all requirements of the underlying district(s)remain in effect,except-where 33 these regulations provide an alternative to such requirements. Land within the MMOD may be used e4hf-+-for 34 (1) a Registered Marijuana Dispensary("RMD"), in which case the requirements set forth in this section shall 35 apply,and//or(2)a use allowed in the underlying district_(inch►sive of any other overlay district), in which case 36 the requirements of the underlying district shall apply. If the provisions of the MMOD are silent on a zoning 37 regulation, the requirements of the underlying district shall apply. As to any RMD use if if the provisions of 38 the MMOD conflict with the requirements of the underlying district, the requirements of the MMOD shall 39 control. 40 41 8.12.3 Boundaries: Boundaries of the MMOD are shown on the Zoning Map and shall include the following 42 parcels as identified on the FY 2014. Assessor's Zoning Map: Map 77 Parcels 3, 12, 13, 14, & 17, and that 43 portion of Map 34 Parcel 17 shown on that MMOD ;Plan dated March 3 2017 attached hereto. 44 45 8.12.4 Definitions: where not expressly defined in the Zoning Bylaws, terms used in the MMOD Bylaw 46 shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act,M.G.L. c.94C,App. §1-1, et 47 seq. the"Marijuana Act" and the Department of Public Health Regulations promulgated thereunder, 105 CMR 48 725.001, et seq,, and otherwise by their plain language. "Medical Marijuana Facility"means a facility used for 49 the operation of an RMI) in accordance with the Marijuana Act but is not intended to include any facili that 50 cultivates or handles cannabis for education, research or development pursuant to state or federal laws in 51 conjunction with a state or federal a gene f or other lawful medical hospital, educational or research institute or 52 entity,which uses are not intended to be limited by this Section 8.12. 53 54 8.12.6(3)(c).A copy of its Application of Intent for " an RMD from submitted to the Massachusetts 55 Department of Public Health ("DPH") 56 57 8.12.6 (4). The SPGR shall, within five (5) days receipt, refer copies of the application to the Building 58 Department, Fire Department, Police Department, Board of Health, the Conservation Commission, and the 59 Department of Public Works. These boards/departments shall review the application and shall submit their 60 written recommendations. Failure to make recommendations within 35 days of referral of the application shall 61 be deemed lack of opposition. 62 8.12.6(6)(b). No Medical Marijuana Facility which sells or dispenses rnarijuana to the public directly from its 63 facility shall have a gross floor area of less than [2,500] square feet or in excess of[20,000] square feet. Any 64 Medical Marijuana.Facility which is in excess of 20,000 square feet shall not sell or dispense directly to the 65 public from any location on such property. 66 67 MMOD PLAN Town of North Andover PLANNING BOARD ,Tolrrr Simons, Claah-man '" David Kellogg Lynne Ruilnicici ��Ua'a�� „' Lora McSher-ry %`>°ilk aron Preston,Assoc. Peter Boynton A I Tuestlay April,25 2017 ? .m. 120MainStreetTown.Tall North Andover MA 01845 68 01 ro y f �� //�/�/i 41Y"� ��. F r �•iv M"'°"5M""�'��'r1 � f� ,. �%!9q/ir �'� J �ar t 69 74 Petition of Thomas E.Lee,et al 71 72 Planning Board Recommendation: Unfavorable Action Recommended on Article 9,P.Boynton made a motion 73 to recommend unfavorable action on Article 9. L. McSheray seconded the motion. The vote was 4-0, unanimous in 74 favor, 75 Vote Required: Two Thirds (2f3)Vote 76 77 J. Enright: Tonight's meeting was added to the Planning Board schedule. This is a Continued Public Hearing to 78 further discuss the Citizen Petition Warrant Articles 9 and 11 which propose to extend the Medical Marijuana r 79 Overlay District to a certain portion of land located at 1600 Osgood Street and to amend language in Bylaw 80 Section 8.12: Medical Marijuana Overlay District. M.Rosen has submitted proposed amendments to the Warrant 81 Articles for discussion tonight. 82 M.Rosen Applicant's A Provided the Board a document that included additional edits to the document 83 provided in the packet and in hardcopy. M.Rosen provided and explanation for each proposed'amendment. 84 BOARD: General discussion related to each proposed amendment and sequence of the state RMD application 85 review process vs the Bylaw requirements. 1 86 Suzanne Egan, Town Counsel:Addressed the importance of clarifying the bylaw Section 8.1.2.4. There are two 87 aspects, 1)the extension of the MMOD to this parcel which effects how facilities would operate under this zoning 88 bylaw and 2)to extend the Overlay District onto another parcel and the details of the 1v MOD process and 89 procedure. There is the provision in the state law with regard to the recreational piece which states that a 90 municipality cannot prohibit a recreational marijuana facility in an area where there is an RMD registered for that J 91 particular facility. In 2018,when the Cannabis Commission status issuing licenses, if there is an MMOL?there, 92 they are going to be authorized to have a recreational marijuana use;by extending it,you are now saying this new 93 parcel is also appropriate for that. 94 J. Simons: The article for the moratorium that we voted favorable action on is a moat point;the moratorium would 95 not apply to dant facility. 3 Torun of North Andover PLANNING BOARD John Simons, Chairman � • • Davtrl.Kellogg Lynne Rurinicki Lora McSherr Peter Boynton � ;��//� �� Aaron Preston,Assoc, i TiiesdaV April 25 2017 7 Am. 120 Main Street Town Hall North.Andover, 01845 96 SEgan: This was confirmed by the Attorney general's office.It is not effective where there is an RMD 97 registered.We need time to study and discuss these definitions and the associated language in greater detail. 98 M.Rosen: Distributed letters of interest from research and development companies. We want to add clarity to the 99 bylaw for those seeking interest involving cannabis research and development.We want to do research and 100 development at this site and have interested panties wanting to see that we are in the MMOD before they consider 101 their options. 102 BOARD:Discussed and deliberated on the articles. Expressed concerns regarding: due diligence has not occurred 103 at the state and local level,the scale of the project is significant,timing of"the current Master Flan effort, 104 subgroups weren't formed,views haven't been solicited, other states and towns haven't been approached to study 105 the impact or zoning, economic studies have not been conducted.,possible environmental impacts, and that state 106 regulations are in flux and there is a great deal of uncertainty. 107 108 AD.1<(}iJRl'+IMEI'VT 109 MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by L. Rudnicki. The 110 vote was 4-0, unanimous in favor. Meeting adjourned @ 7:30 p.m. 111 112 MEETING MATERULS: 1.13 Article 4 to amend Zoning Bylaw Section$ Subsection 8,12: 170426 Rosen Edits,DPH Compared,Letters,Amesbury Bylaw, 170421. 114 Rosen Warrant Article-Edit History(00607191-1xA4627), 170421 Rosen Warrant Article-Proposed New Edits(0060719lx2x.A4627),. 115 Amend Bylaw Subsection 8.12 MMOD Article 8,Current Status of All RMI)s and Applicants Through 4.7.2017,DPH RMD Application 116 Process Overview,Inspection Phase Process and Projected Timeline,municipal-guidance-august-2016,Zoning Bylaw Subsection 8.12. 117 Article 11: 1600 Osgood St 2008 ANR and Correction Plan 15932, 1600 Osgood Street 2008 ANR plan no 15933,5723-mmod exhibit 118 (color,image), 170425 ATM zoning article notes, 170407 Citizen Petition Proposed Changes Map Amendment, 1.70425 Planning Board 119 Report DRAFT,April 25„2017 Planning Board Meeting Agenda. 4