HomeMy WebLinkAbout2018-01-30 Special Town Meeting Minutes
OFFICIAL JANUARY 30, 2018 SPECIAL TOWN MEETING MINUTES
The Special Town Meeting for the Town of North Andover called by a petition of 200 voters was held on
Tuesday January 30, 2018 admitted 2,697 voters. Poll Pads were used for the first time to check in voters. This
electronic process utilized many volunteers to check in voters and apply red wrist bands and distribute red voter
cards. Shuttle buses were provided to assist with satellite parking thanks to Brooks School in North Andover.
Other buses were used to allow the entry of such a substantial turnout. Town Moderator Mark DiSalvo explained
the Town Meeting rules. All official counters were sworn in for those in the North Andover High School
Fieldhouse and an overflow into the High School Auditorium. Logistics were coordinated by the North Andover
Emergency Management members. Kevin Foley was the alternate moderator ably assisted by Assistant Town
Clerk Suzanne Pelich in the auditorium. The Moderator introduced the participants on the stage which included
the Board of Selectmen, Finance Committee, Town Manager Andrew W. Maylor, Special Town Counsel Lauren
Goldberg, IT Coordinator Christopher McClure and Town Clerk Joyce Bradshaw.
Moderator DiSalvo opened the meeting at 7:27PM on a motion by Phil DeCologero, Chairman of the
Board of Selectmen Mr. Moderator, Phil DeCologero, 75 Meadow Lane, Chairman of the Board of Selectmen to
I further move that the Moderator not be required to read articles of the warrant verbatim, but be allowed to refer
to Articles by number and by subject matter or as displayed on the screens; and further that Amendments need
not be read but are to be voted upon as displayed or otherwise provided, in print, to the voters in attendance which
was unanimously approved. Moderator DISalvo informed the meeting that Articles 1 and 2 would be discussed
in tandem but voted separately.
Article 1: Citizen Petition-Prohibition of Non-Medical Marijuana- General Bylaw.
Voted to amend the To
and further to amend the Table of Contents to add said Chapter and Section.
Chapter 135 Marijuana
Section 135-1 Marijuana Establishments
Consistent with G.L. c.94G, § 3(a)(2), all types of non-
G.L. c.94G, §1, including marijuana cultivators, independent testing laboratory, marijuana product
manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, shall be
prohibited within the Town.
Milton Long, et al.
VOTED JANUARY 30, 2018 YES 1430 NO 1155
APPROVED BY ATTORNEY GENERAL MARCH 27, 2018 AND POSTED APRIL 2, 2018
Board of Selectmen Recommendation: Unfavorable Action
Article 2: Citizen Petition-Prohibition of Non-Medical Marijuana-Zoning Bylaw.
new Section that would provide as follows, and further
to amend the Table of Contents to add said Section.
Section 4.4 Prohibited Uses
The following uses are prohibited within all zoning districts of the Town:
1. Marijuana Establishments
Consistent with G.L. c.94G, § 3(a)(2), all types of non-
c.94G, §1, including marijuana cultivators, independent testing laboratory, marijuana product manufacturers,
marijuana retailers or any other types of licensed marijuana-related businesses, shall be prohibited within the
Town.
Milton Long, et al.
Article 2 Defeated on Motion to Withdraw on Unanimous Vote
Board of Selectmen Recommendation: Unfavorable action
Planning Board Recommendation: To be made at Town Meeting
Vote Required: Two-thirds (2/3) vote
Article 3: General Bylaw-Prohibition of Marijuana Retailers, On-Site Consumption of Marijuana,
Marijuana Special Events, and Craft Marijuana Cultivator Cooperatives.
ral Bylaws, by adding the following new chapter:
Chapter 135- Marijuana
1. Prohibition.As authorized by G.L. c. 94G, § 3(a)(2), the Town of North Andover hereby
Craft Marijuana Cultivator Cooperatives, in the Town of North Andover. Such uses are defined in G.L. c. 94G,
§1, et seq.
2. Severability.If any provision, paragraph, sentence or clause of this bylaw shall be held invalid for any reason,
all other provisions shall continue in full force and effect.
3. Enforcement.The penalty for violation of this bylaw shall be $200.00 for each such violation. Each day of the
violation shall constitute a separate offense. In addition to any other applicable remedy, violation of this bylaw
may be enforced by noncriminal disposition in accordance with G.L. c. 40, § 21D. The North Andover Police and
the Building Inspector shall be the enforcing persons.
And further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in
compliance with numbering format of the North Andover General Bylaws,
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Vote Required: Majority vote
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Article 4: Amend the Town of North Andover Zoning Bylaw-To Replace Section 8.13-Temporary
Moratorium on Recreational Marijuana Establishments with Section 8.13-Marijuana Overlay District.
To see in the Town will vote to amend the Town of North Andover Zoning Bylaw, by replacing Section 8.13
Temporary Moratorium on Recreational Marijuana Establishments and Retailers with the following,
Section 8.13 Marijuana Overlay District
8.13.1 Establishment:
1)
MOD are shown on the Zoning Map on file with the Town Clerk and are described below. Within the
MOD, all requirements of the underlying district(s) remain in effect, except where these regulations
provide an alternative to such requirements.
2) This section 8.13 Marijuana Overlay District is adopted for the purpose of regulating allowed
marijuana uses in North Andover and replacing section 8.13 Temporary Moratorium on Recreational
Marijuana Establishments and Retailers which was adopted at the May 2017 Annual Town Meeting.
Section 8.13 Temporary Moratorium on Recreational Marijuana Establishments and Retailers is
hereby repealed.
3) Land within the MOD may be used for (1) a marijuana establishment as defined within Section 8.13
in which case the requirements set forth in 8.13 shall apply; and/or (2) a use allowed in the underlying
district, in which case the requirements of the underlying district shall apply. At the May 2017 annual
Town Meeting, the Town of North Andover adopted section 8.13 Temporary Moratorium on
Recreational Marijuana Establishments and Retailers, this section 8.13 Marijuana Overlay District is
adopted for the purpose of regulating the allowed marijuana uses in North Andover and replacing the
moratorium. Section 8.13 Temporary Moratorium on Recreational Marijuana Establishments and
Retailers is hereby repealed.
4) If the provisions of the MOD are silent on a zoning regulation, the requirements of the underlying
district shall apply. If the provisions of the MOD conflict with the requirements of the underlying
district, the requirements of the MOD shall apply.
8.13.2 Purpose:
involve marijuana as regulated by General Law chapters 94C, App. §1-1, 94I and 94G, and such uses
which are ancillary to commercial and medical marijuana but not licensed by the Cannabis Control
Commission in locations suitable for lawful marijuana facilities; to minimize adverse impacts of
marijuana related uses or facilities, as defined herein, on adjacent properties, residential neighborhoods,
historic districts, schools, playgrounds, and other locations where minors congregate by regulating the
siting, design, placement, security, and operations of AMU; to protect the health, safety, convenience
and general welfare of the inhabitants of the Town; to provide for a review of plans for uses and
structures in which AMU are allowed; to mitigate the significant impacts, both within the district and in
relation to adjacent properties and streets on pedestrian and vehicular traffic; to minimize the impact on
public services and infrastructure; and, to protect the environmental, unique and historic resources of
the Town, abutting properties, community character, ambiance and aesthetics.
8.13.3 Boundaries: Boundaries of the MOD are shown on the Zoning Map and shall include the following
Map 34, Parcel 17. The MOD shall contain Sub district A and Sub district B.
1) The boundaries of Sub district A are shown on the Zoning Map and shall include the following parcels
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2) The boundaries of Sub district B are shown on the Zoning Map and shall include the parcel as identified
8.13.4 Definitions: where not expressly defined in the Zoning Bylaw, terms used herein shall be interpreted
as defined in General Law chapters 94C, App. §1-1, 94I and 94G and any regulations promulgated
thereunder, and otherwise by their plain language.
1) the following uses are the sole uses allowed in the Town of
North Andover; Independent Testing Laboratory, Medical Marijuana Treatment Center, Limited
Medical Marijuana Treatment Center, Marijuana Cultivator, Marijuana Product Manufacturer, or
Marijuana Research Facility.
2) Best Management Practices: the practices of the industry, including but not limited to; design,
construction, and management, that address the best practices as it relates to a marijuana facility
meeting the requirements of this bylaw.
3) Craft Marijuana Cultivator Cooperative: a marijuana cultivator comprised of residents of the
commonwealth organized as a limited liability company or limited liability partnership under the
laws of the commonwealth, or an appropriate business structure as determined by the Cannabis
package and brand marijuana and marijuana products to deliver marijuana to marijuana
establishments but not to consumers.
4) Independent Testing Laboratory: a laboratory that is licensed by the Commission and is (i)
accredited to the most current International Organization for Standardization 17025 by a third-party
accrediting body that is a signatory to the International Laboratory Accreditation Accrediting
Cooperation mutual recognition arrangement or that is otherwise approved by the commission; (ii)
independent financially from any medical marijuana treatment center or ay licensee or marijuana
establishment for which it conducts a test; and (iii) qualified to test marijuana in compliance with
regulations promulgated by the Commission pursuant to G.L. c. 94G.
5) Limited Medical Marijuana Treatment Center: the premises approved under a medical use
marijuana license limited to the acquisition, cultivation, possession, processing, including
development of related products such as food, tinctures, aerosols, oils or ointments, of marijuana for
the treatment of debilitating medical conditions, or the symptoms thereof and the transfer,
transportation, of marijuana for the benefit of registered qualifying patients in the treatment of
debilitating medical conditions or symptoms thereof, but not selling, distributing, dispensing or
administering marijuana directly to qualifying patients in the treatment of debilitating medical
conditions or symptoms thereof.
6) Marijuana or Marihuana: all parts of any plant of the genus Cannabis, not excepted below and
whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin
shall not include: (1) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or
preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized
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seed of the plant that is incapable of germination; (2) Hemp; or (3) weight of any other ingredient
combined with marijuana to prepare topical or oral administrations, food, drink or other products.
7) Marijuana Cultivator: an entity licensed to cultivate, process and package marijuana, to deliver
marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments,
but not to consumers.
8) Marijuana Establishment: a marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, and marijuana research facility. For the purposes of this section 8.13, a
marijuana establishment shall not include a marijuana retailer or a craft marijuana cultivator
cooperative.
9) Marijuana Product Manufacturer: an entity licensed to obtain, manufacture, process and package
marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana
establishments and to transfer marijuana and marijuana products to other marijuana establishments,
but not to consumers.
10) Marijuana Research Facility: an entity licensed to engage in research projects by the Commission.
11) Marijuana Retailer: an entity licensed to purchase and deliver marijuana and marijuana products
from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana
products to marijuana establishments and to consumers.
12) Medical Marijuana Treatment Center: the premises approved under a medical use marijuana
license for the purpose of the acquisition, cultivation, possession, processing, including development
of related products such as food, tinctures, aerosols, oils or ointments, of marijuana for the treatment
of debilitating medical conditions, or the symptoms thereof and the transfer, transportation, sale
distribution, dispensing or administration of marijuana for the benefit of registered qualifying
patients in the treatment of debilitating medical conditions or symptoms thereof.
13) Medical Use of Marijuana: the acquisition, cultivation, possession, processing, including
development of related products such as food, tinctures, aerosols, oils or ointments, transfer,
transportation, sale distribution, dispensing or administration of marijuana for the benefit of
registered qualifying patients in the treatment of debilitating medical conditions or the symptoms
thereof.
8.13.5. Prohibited Uses:
1) As authorized by G. L. c. 94G, marijuana retailers and marijuana craft cultivator cooperative are
prohibited from locating or operating within the Town of North Andover.
2) Within Sub district B, a medical marijuana treatment center is a prohibited use.
8.13.6 Permitted Uses:
1) The following uses, as authorized under General Law chapters 94C, 94G and 94I, may be permitted
in the Town of North Andover through a Special Permit granted by the Planning Board (the SPGA:
Independent Testing Laboratory, Marijuana Cultivator, Marijuana Product Manufacturer, Marijuana
research facility, Limited Medical Marijuana Treatment Center and Medical Marijuana Treatment
Center. Such uses shall be referred collectively as AMU and may be allowed by special permit either
in combination with each other or singly. Any AMU allowed in North Andover pursuant to this
section, Section 8.13, shall be considered a new use, not a continuation of a pre-existing use. Any use
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involving marijuana which is not permitted pursuant to this section, Section 8.13, is prohibited within
the Town of North Andover.
2) An AMU shall only be permitted subject to the following conditions: 1) the applicant shall provide a
performance bond for odor control, security measures, noise and any other specific condition that may
be necessary due to the size of the project and other public health and safety concerns, 2) the applicant
shall file its annual state license renewal application and license with the SPGA, 3) the site shall be
subject to an annual inspection for compliance with the terms and conditions of the special permit, and
4) the applicant shall provide a bond or an amount in escrow for the cost of dismantling the AMU.
3) A Limited Medical Marijuana Treatment Center is an allowed use in Sub- district B, but not in Sub-
district A.
4) A Medical Marijuana Treatment Center is an allowed use in Sub-district A.
5) Within Sub-district B, any special permit issued for an AMU for Marijuana Cultivation shall reserve
an area of at least equal to fifteen (15) percent of the gross floor area dedicated to cultivation for
Marijuana Research Facility and such space shall not be used for any other purpose.
8.13.7 Location:
1) An AMU may be permitted in the MOD pursuant to a Special Permit.
2) AMU may not be located within 500 feet of the following existing uses:
a) A public or private elementary, vocational, or secondary school or a public or private college,
junior college, or university;
b) Licensed Child Care Facility;
c) Library;
d) Playground;
e) Public Park;
f) Youth center;
g) Public swimming pool;
h) Video arcade facility; or
i) Similar facility.
3) The distance under this section is measured in a straight line from the nearest point of the property
line of the protected uses identified in Section 8.13.7(2) to the nearest point of the building in which
the proposed AMU is located.
8.13.8 Dimensional Requirements:
1) An AMU shall only be allowed by Special Permit and the Planning Board shall be the Special Permit
Granting Authority (SPGA).
2) The dimensional requirements of the underlying district shall apply to any uses permitted pursuant to
this section.
8.13.9 Specific Siting Review:
The SPGA shall review specific siting criteria unique to AMU uses. Because AMU uses are a part of a new and
developing industry and the impact of siting such uses may have unforeseen impact on the neighborhood and the
site, the SPGA shall review the application to ensure that the applicant has designed the project to comply with
the best practices of the industry and in such a manner that has a minimal detrimental impact on the community.
A third party consultant may be employed to provide analysis of whether the application and these specific siting
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requirements meet the best management practices of the industry and are designed to have a minimal detrimental
impact on the community. An application for a special permit shall include the following:
1) A Community Impact Statement. An analysis of the impact on the Town, including but not limited to,
the surrounding neighborhood in terms of use, architectural consistency, pedestrian movement and
overall character; impacts on nearby historic structures or site; the impact on the interests noted Section
1 of the Zoning Bylaw, and an evaluation of the proposed project's consistency and compatibility with
existing local and regional plans. The Planning Board may employ a third party consultant pursuant
to Section 8.13.10 to evaluate whether the project is designed in a manner to have a minimal impact
on the community and surrounding neighborhood.
2) A Water Use Study. A detailed analysis and data regarding the proposed water use for any AMU. The
analysis shall include details regarding the adequacy of water supply, surface and subsurface drainage
and information regarding how the application complies with all regulations promulgated pursuant to
G.L. c. 94I, 94G, and any other laws or regulations promulgated regarding commercial or medical
marijuana. All aspects of water use and discharge by an AMU but in any event shall be no less
restrictive than those promulgated pursuant to G.L. c. 94C, App. 1 any other relevant regulation or
law. The Planning Board may employ a third party consultant to review the water use study and to
evaluate whether the p
and whether the project is designed in accordance with the current best management practices of the
industry.
3) A Security Measure Report. A description of the security measures, including employee security
policies which comply with all regulations promulgated pursuant to G.L. c. 94I and 94G and any other
laws or regulations promulgated regarding commercial or medical marijuana. Security measures
proposed by an AMU must at least meet the standard set by G.L. c. 94C, App.1. Security measures
proposed by the AMU should be designed in accordance with the best management practices of the
industry. The Planning Board may employ a third party consultant to review the proposed security
measures to evaluate whether the security measures are appropriate for the AMU and are designed in
accordance with the current best practices of the industry.
4) A Transfer of Marijuana Policy. A copy of the policies and procedures for the transfer, acquisition,
or sale of marijuana which shall comply with the regulations promulgated pursuant to G.L. c. 94I and
94G and any other laws or regulations promulgated regarding commercial or medical marijuana.
Policies and procedures for the transfer of marijuana must at least meet the standards set by G.L. c.
94G and any further regulations established by the Town which shall be no less restrictive than those
promulgated by the general laws and regulations. The Planning Board may employ a third party
consultant to review the proposed policies and procedures regarding the transfer of marijuana to
evaluate whether the policies and procedures are appropriate for the AMU and are designed in
accordance with best management practices of the industry.
5) A Waste Management Report. A copy of proposed waste management procedures. Such proposal
shall ensure safe disposal of waste, promote recycling and comply with the regulations promulgated
pursuant to G.L. c. 94I and 94G and any other laws or regulations promulgated regarding commercial
or medical marijuana. Policies and procedures for waste management must at least meet the standards
set by G.L. c. 94Gand any further regulations established by the Town which shall be no less
restrictive than those promulgated by the general laws and regulations. The Planning Board may
employ a third party consultant to review the proposed policies and procedures regarding the transfer
of marijuana to evaluate whether the policies and procedures are appropriate for the AMU and are
designed in accordance with best management practices of the industry.
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6) An Energy and Environmental Standards Report. A detailed analysis of how the project meets the
energy and environmental standards approved by the State regulatory authority which shall comply
with the regulations promulgated pursuant to G.L. c. 94I and 94G and any other laws or regulations
promulgated regarding commercial or medical marijuana. Policies and procedures for energy and
environmental standards must at least meet the standards set by G.L. c. 94G and any further
regulations established by the Town which shall be no less restrictive than those promulgated by the
general laws and regulations. The Planning Board may employ a third party consultant to review the
proposed policies and procedures regarding the transfer of marijuana to evaluate whether the policies
and procedures are appropriate for the AMU and are designed in accordance with the best management
practices of the industry.
7) An Odor Analysis and Report. A detailed analysis as to how the project meets the odor control
standards as required by the State regulatory authority which complies with the regulations
promulgated pursuant to G. L. c. 94I and 94G and any other laws or regulations promulgated regarding
commercial or medical marijuana. Policies and procedures for Odor Control must at least meet the
standards set by G.L. c. 94G and regulations promulgated thereunder and any further regulations
established by the Town which shall be no less restrictive than those promulgated by the general laws
and regulations. The Planning Board may employ a third party consultant to review the proposed
policies and procedures regarding the transfer of marijuana to evaluate whether the policies and
procedures are appropriate for the AMU and are designed in accordance with the best management
practices of the industry.
8) Construction and Implementation Management Plan. A plan which sets out the sequence and dates of
all aspects of the project. For each milestone designated, the applicant shall submit a statement of
compliance to the Town Planner. Noncompliance with the timing or the sequence in the plan shall
stay any further construction of the project or operation of the use until such time as the project is
brought into compliance with the Plan. The Construction and Implementation Management Plan must
at least meet the standards set by G.L. c. 94G and any further regulations established by the Town
which shall be no less restrictive than those promulgated by the general laws and regulations.. The
Planning Board may employ a third party consultant to review the proposed construction management
plan to evaluate whether it is appropriate for the AMU and is designed in accordance with the best
management practices of the industry.
9) Regulatory Waivers. A description of any waivers or variances of the requirements of the State
licensing and registration authorities granted to or sought by the AMU.
8.13.10 Application Requirements.
The following items are required submittals to complete a Special Permit application:
1) The name and address of each owner of the facility/operation;
2) Evidence that the Applicant has site control and the right to use the site for a facility in the form of a
deed or valid purchase and sale agreement, or, in the case of a lease, a notarized statement from the
ave the same meaning as
lot, plot or parcel;
3) A copy of the provisional, final registration, or license issued by the Commonwealth of Massachusetts
for the proposed AMU, to the extent applicable;
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4)A detailed floor plan of the premises of the proposed AMU that identifies the square footage available
and describes the functional areas of the AMU and the specific uses of those areas. The detailed floor
plans should indicate that the best practices for building and facility design have been incorporated;
5) Detailed site plans that include the following information:
a) Drawings prepared at a scale of one inch equals forty feet (1"=40') or larger, or at a scale as
approved in advance by the Town Planner. Revised plans shall contain a notation listing and
describing all revisions, additions, and deletions made to the originally submitted plans and
the date of each.
b) All site plans shall be prepared by a certified architect, landscape architect, and/or a civil
engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be
prepared by a certified landscape architect registered in the Commonwealth of
Massachusetts. All building elevations shall be prepared by a certified architect registered in
the Commonwealth of Massachusetts. All storm water management plans and drainage
calculations shall be stamped and signed by a Professional Engineer licensed to conduct such
work in the Commonwealth of Massachusetts.
c) All site plans shall contain specific details as to:
I. North Arrow/Location Map: A north arrow and a location map showing surrounding
roadways and land uses adjacent to the site (1"=1500'). Location Map should show at
least one intersection of two existing Town roadways.
II. Survey of Lot/Parcel: A boundary survey conforming to the requirements of the
Essex County Registry of Deeds Office. The survey shall be dated and include any
revision made to the survey or site plan. Any change in the survey shall be recorded
before site plan approval may be granted.
III. Name/Description of Project: The name of the development and the names, addresses
and telephone numbers of the project listing tenants, land uses, development phases,
or other pertinent information necessary to evaluate the proposed development plan.
IV. Easements/Legal Conditions: Identification of easement(s) or legal encumbrances(s)
that are related to the sites physical development, and a listing of any condition(s)
placed upon the site by the Board of Appeals, Planning Board, Conservation
Commission, or any public body or agency, with the authority to place conditions on
the sites development.
V. Topography: The present and proposed topography of the site, utilizing two foot (2')
contour intervals.
parcel as it appears on the most current Town of North Andover topographic mapping
shall also be shown.
VI. Zoning Information: All applicable Zoning Bylaw information shall be provided
regarding the site's development. This information shall be placed in a table and list
all parking, setbacks, percent of lot coverage, floor-area-ratio, number of dwelling
units, total amount of square feet, size of signs and any other applicable zoning
information necessary for the proper review of the site plan by the Town Planner and
Planning Board.
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VII.Drainage Area Map: A drainage area map showing pre and post construction
watersheds, sub watersheds and storm water flow paths, including municipal drainage
system flows.
VIII. Storm water Management Plan: A Storm water Management Plan prepared in
accordance with the latest version of the Massachusetts Storm water Handbook and
additional criteria established herein and demonstrating full compliance with the
Massachusetts Storm water Standards and the North Andover Storm water
Management and Erosion Control Regulations promulgated under Chapter 160 of the
Town Bylaws (Storm water Management and Erosion Control Bylaw).
IX. Building Location: Identification of all existing and proposed structure(s) located on
the site. The number of stories, overall height in feet and gross floor area in square feet
of all structure shall be indicated.
X. Building Elevation: A drawing of the exterior of the building, as viewed from the
front (street view), sides and rear must be submitted. This drawing must be at least 8"
x 11" in size.
XI. Location of Parking/Walkways: Identification of the location of all existing and
proposed parking and walkways areas, including curb cuts that will be used to access
the site from adjacent roadways, or access point.
XII. Location of Wetlands/Notice of Intent: All resource areas as defined in M.G.L. Chapter
131, Section 40 and/or the Town of North Andover Wetland Protection Bylaw (Ch.
178), shall be shown on the site plan. If applicable, the applicant shall file a Notice of
Intent with NACC concurrently with the application to the Planning Board for Special
Permit.
XIII. Location of Walls/Signs: Identification of the location, height and materials to be
used for all retaining walls and signs located on the site. Signs will be reviewed using
the guidelines set forth in Section 6.7 (H) of the Zoning Bylaw. No sign shall exceed
the size limitations of those signs allowed under the North Andover alcohol beverages
regulations.
XIV. Location of Roadways/Drives: Identification of all right-of-ways and driveways
including the type of curb and gutter to be used, and their dimensions. Distances to all
the nearest roadways and/or curb cuts shall be shown for both sides of any streets which
is adjacent to the site.
XV. Outdoor Storage/Display Areas: Identification of the location and type of outdoor
storage and display areas on the site.
XVI. Landscaping Plan: The general outline of existing vegetation, wooded areas, significant
trees, unique species and/or tree clusters and the extent of all vegetation, wooded areas,
significant mature trees (>12 inches DBH), unique species and/or tree clusters to be
removed and identification of the location and landscape schedule of all perimeter and
interior landscaping, including but not limited to proposed paving materials for
walkways, fences, stonewalls and all planting materials to be placed on the site. Any
landscaping required by the Town Bylaws shall be indicated on the site plan in tabular
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form showing the amount required and the amount provided. The following minimum
screening and landscaping requirements shall apply and be shown on the plan:
i. A strip of land at least six (6) feet wide (may be part of required yard setbacks) with
trees or shrubs densely planted, to create at least an impervious screen, at least four
(4) feet high at the time of planting and which are of a type that may be commonly
expected to form a year round impervious screen at least five (5) feet high within
three years.
ii. If a natural screen as described in item (a) above cannot be attained, a wall or fence of
uniform appearance at least five (5) feet high above finished grade will be allowed.
Such a wall and/or fence may be perforated, provided that not more than 25% of the
face is open.
iii. All required screening, as described in items (a) and (b) above, shall be maintained in
good condition at all times. Such screening may be interrupted by entrances or exits,
and shall have no signs attached thereto other than those permitted in the district.
iv. On at least three sides of the perimeter of an outdoor parking lot, there shall be
planted at least one tree for every thirty (30) linear feet. In the interior part of an
outdoor parking lot where two rows of parking spaces containing a total of 10 or
more parking spaces face each other, a landscaped open space not less than 6 feet in
width shall be provided. The landscaped strip may be provided either; 1) between the
rows of parking spaces parallel to the aisle or, 2) in two or more strips parallel to the
spaces and extending from the aisle serving one row of spaces to the aisle serving the
other row of spaces, as illustrated below. Trees required by this section shall be at
least 3.5 inches in diameter at a height four feet above the ground at time of planting
and shall be of a species characterized by suitability and hardiness for location in
parking lot. To the extent practicable, existing trees shall be retained and used to
satisfy this section. The following graphics are intended as illustrations and examples
only and have not been incorporated into the requirements of this Bylaw. (See graphic
after Tables and Footnotes at end of Bylaw).
XVII. Refuse Areas: Identification of the location of each outdoor refuse storage area,
including the method of storage and screening. All refuse areas must be fully
enclosed. Security measures demonstrating that the refuse storage area will be secure
from access and tampering.
XVIII. Lighting Facilities: Identification of the proposed illumination, indicating the
direction and the degree of illumination offered by the proposed lighting facilities,
including an example of the light fixture to be used. All artificial lighting used to
illuminate any commercial or industrial parking lot, loading bay or driveway shall
have underground wiring and shall be so arranged that all direct rays from such
lighting falls entirely within the parking, loading or driveway area, and shall be
shielded or recessed so as not to shine upon abutting properties or streets.
XIX. Traffic Impact Study: Identification of existing traffic levels, along with the expected
traffic impacts to occur based upon the proposed project. Projects which access state
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highways, a traffic impact study shall be filed with MEPA concurrently with the SPGA
review. A copy of the MEPA study shall be filed with the application to the SPGA.
XX. Commonwealth Review: Any information required and submitted to any agency of
the Commonwealth, shall be filed with the SPGA upon the initial submission of the
project for Board review.
XXI. Utilities: All utilities, including water line locations, sewer line locations and profiles,
and storm drainage systems.
XXII. Fiscal Impact: Projections of costs rising from increased demand for public services
and infrastructure; provisions of benefits from increased tax revenues, employment
and infrastructure improvements; and impacts on adjacent property values.
XXIII. Emergency Procedures: A copy of the emergency procedures comply with all
regulations promulgated pursuant to G.L. c. 94I and 94G but in any event shall be no
less restrictive than those promulgated pursuant to G.L. c. 94C.
XXIV. Waiver: When in the opinion of the SPGA, the alteration, reconstruction of an
existing structure or new use or change in use will not have a significant impact both
within the site and in relation to adjacent properties and streets; on pedestrian and
vehicular traffic; public services and infrastructure; environmental, unique and
historic resources; abutting property and community needs, the Planning Board may
determine that submission of one or more of the application filing requirements may
be waived.
6) The Application must demonstrate compliance with the requirements for parking and loading
spaces, for lot size, frontage, yards and heights and coverage of buildings, and all other provisions of
this Bylaw;
7) Convenience and safety of vehicular and pedestrian movement off the site, if vehicular and pedestrian
traffic off-site can reasonably be expected to be substantially affected by on-site changes;
8) Adequacy as to the arrangement and the number of parking and loading spaces in relation to the
proposed use of the premises, including designated parking for home delivery vehicle(s), as applicable;
9) Design and appearance of proposed buildings, structures, freestanding signs, screening and
landscaping;
10) The SPGA shall refer copies of the application to the Building Department, Fire Department, Police
Department, Board of Health, the Conservation Commission, and the Department of Public Works.
These boards/departments shall review the application and shall submit their written
recommendations. Failure to make recommendations within 35 days of referral of the application
shall be deemed lack of opposition;
11) Outside Consultants and Review Fees: The SPGA may retain third party consultant to review the
review. An outside consultant review escrow deposit shall accompany the Application for Special
Permit.
include legal counsel. The initial escrow deposit amount shall be set by the SPGA. Any unexpended
monies in the escrow account will be returned to the Applicant only after all obligations are
satisfied. Failure to fulfill escrow requirements may render an Application incomplete and be
considered sufficient grounds for its denial.
12) An application for an AMU shall be deemed to satisfy the requirements for a Site Plan Review as
described in Section 8.3.
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8.13.11 Findings of the SPGA
After notice and public hearing and consideration of application materials, consultant reviews, public comments,
and the recommendations of other town boards and departments, the SPGA may act upon such a permit. The
Special Permit Granting Authority shall only issue a Special Permit for AMU if it finds that:
1) The application meets the requirements of Section 10.31 of the Zoning Bylaw; and,
2) The following findings are also a prerequisite to the SPGA granting a permit:
a) The AMU is designed to minimize any adverse visual or economic impacts on abutters and
other parties in interest.
b) The AMU has received a provisional or final registration and has received all other required
permits, licenses and approvals from all applicable agencies within the Commonwealth of
Massachusetts and is in compliance with all applicable state laws and regulations and all
appropriate sections of the Zoning Bylaw;
c) Where applicable, the AMU meets the following requirements:
I. Abutting properties are protected from detrimental site characteristics.
II. The unique or important natural, historic or scenic features are protected.
III. The refuse disposal methods are adequate.
IV. The proposed sewage disposal and water supply systems within and adjacent to
the site are adequate to serve the proposed use.
V. The proposed drainage system is adequate to mitigate runoff increases and protect
water quality.
VI. The landscaping adequately screens the adjacent uses, provides street trees,
landscape islands in the parking lot and a landscape buffer along the street
frontage. Landscape design is based on soil, light and other site specific
conditions. Plant species were chosen for their ability to thrive in the post-
development soil, water and use conditions of the site without significant
supplemental water or fertilizer, once established. Plant species are native to
inland Essex County or shall be cultivars of these native species.
VII. The soil erosion plan and any plan for protection of steep slopes, both during and
after construction are adequate.
VIII. Adjacent properties are protected from intrusion of outside lighting by minimizing
the lighting, including parking lot and building exterior lighting.
IX. The proposed development must not present a demonstrable adverse impact on
the surrounding area resulting from excessive noise, dust, smoke, or vibration
which are higher than levels now experienced from uses permitted in the
surrounding area.
X. Buildings and or facilities are built to the specifications of the best practices in the
industry. The buildings are located within setbacks, placement of parking
landscaping and entrances and exits with surrounding buildings and development.
XI. The buildings relate harmoniously to each other in architectural style, the location
and building exits and entrances.
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XII.Screening is provided for storage areas, loading docks, dumpsters, rooftop
equipment, utility buildings and similar features.
XIII. Electric, telephone, cable, and other such lines and equipment are underground.
XIV. The scale, massing and detailing of buildings are compatible with those prevalent
in the surrounding area.
XV. The location and number of curb cuts are minimized to reduce turning
movements, and hazardous exits and entrances.
XVI. Access to adjoining properties is appropriate. Internal circulation and egress
provides for traffic safety.
XVII. The project complies with the criteria, specifications, and performance standards
of the most recent version of Massachusetts Storm water Management Standards
and accompanying Storm water Management Handbook. The Lake
Cochichewick Watershed Area shall be considered a Critical Area in terms of
applicability of the standards.
XVIII. The requirements and criteria outlined in Sections 7.0 through 10.0 of the North
Andover Storm water Management and Erosion Control Regulations promulgated
under Chapter 160 of the Town Bylaws (Storm water Management and Erosion
Control Bylaw).
XIX. The AMU has an appropriate impact on the surrounding neighborhood in terms of
use, architectural consistency, pedestrian movement and overall character;
impacts on nearby historic structures or site; and an evaluation of the proposed
project's consistency and compatibility with existing local and regional plans.
XX. The AMU has an appropriate plan for water which is designed in accordance with
the best management practices of the industry.
XXI. The AMU has an appropriate plan for security which is designed in accordance
with the best practices of the industry.
XXII. The AMU has an appropriate plan for the transfer of marijuana which is designed
in accordance with the best management practices of the industry.
XXIII. The AMU has an appropriate plan for waste management which is designed in
accordance with the best practices of the industry.
XXIV. The AMU has an appropriate plan for energy and environmental impact which is
designed in accordance with the best management practices of the industry.
XXV. The AMU has an appropriate plan for odor control/mitigation which is designed
in accordance with the best management practices of the industry.
XXVI. The AMU has an appropriate plan for management of the timing and sequencing
of the construction, commencement of operations and Management Plan provides
adequate plans, specifications, and sequencing to insure that the project will be
completed in compliance with the approved plans and specifications.
8.13.12 A special permit shall only be granted with the concurring vote of four members, of the SPGA. A
special permit application that does not include all the materials or information required in this section,
or has failed to adhere to the procedures as required by the bylaw as outlined in this section, or is not in
compliance with Town General Bylaws, or includes plans that have been drawn incorrectly or in such
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form that the SPGA is unable to determine what information is being presented for review, or the
applicants have failed to incorporate and adhere to condition(s) for approval granted by a Town Board,
Department or Commission, or requirements called for by a state or federal agency, which has proper
authority upon which to place conditions on a matter before the SPGA may be grounds for denial by the
SPGA.
8.13.13 The SPGA shall render a decision within ninety (90) days of the close of the public hearing and shall
file a written decision with the Town Clerk and other appropriate parties in accordance with the
provisions of M.G.L. Ch. 40A, sec. 9.
The applicant shall be responsible for recording a copy of the decision at the Registry of Deeds. Prior
to the issuance of a building permit, the applicant shall present evidence of such recording to the
Building Inspector. No building permit shall issue until a copy of the Applicant's license to operate is
issued by the Cannabis Control Commission or Department of Public Health, whichever is applicable
has been submitted to the Planning Director.
8.13.14 For the purpose of securing the performance of all proposed work, including landscaping and off-site
improvements, and to secure the ability of the town to remedy any public nuisances created by the
project, the SPGA may require security submitted in the form of a check made out to the Town of
North Andover in an amount determined by the Board to be sufficient to cover the cost of all or any
part of the improvements required and/or to remedy any public nuisances created by the project . The
check will then be placed in an interest bearing account and will be released upon the completion of the
project. The Board, at its discretion, may release partial amounts of the security at certain stages of
construction.
8.13.15 The SPGA shall impose conditions reasonably appropriate to improve site design, traffic flow, public
safety, protect water quality, air quality, signage and significant environmental resources, preserve the
character of the surrounding area, monitor and regulate the impact of the development and growth of the
newly licensed industry and protect the inhabitants of the town from any other secondary effects of the
use that may develop, and otherwise serve the purpose of this section.
1) The hours of operation may be set by the Special Permit Granting Authority, but in no event shall a
facility be open to the public. The hours of operation may be limited by the SPGA.
2) An AMU shall not be located in buildings that contain any medical doctor offices or the offices of any
other professional practitioner authorized to prescribe the use of medical marijuana.
3) The emergency response plan shall be filed with and approved by the Fire Department and Police
Department.
4) No smoking, burning or consumption of any product containing marijuana or marijuana-related
products shall be permitted on the premises of an AMU, unless authorized by the state licensing
authority or in the performance of research and development activities as required for the operation of
its business.
5) All aspects of an AMU relative to the acquisition, cultivation, possession, processing, sales,
distribution, or administration of marijuana, products containing marijuana, related supplies, or
educational materials must take place at a fixed location.
6) Ventilation all facilities shall be ventilated in such a manner that:
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a)No pesticides, insecticides or other chemicals or products used in the cultivation or processing
are dispersed into the outside atmosphere; and
b) No odor from marijuana or its processing can be detected by a person with an unimpaired and
otherwise normal sense of smell at the exterior of the AMU or at any adjoining use or property.
7) The permit holder shall file a copy of any Incident Report if such regulatory authority requires such a
report with the Zoning Enforcement Officer and the SPGA within 24 hours of creation by the
AMU. Such reports may be redacted as necessary to comply with any applicable state or federal laws
and regulations.
8) All Special Permit holders for uses under this section shall provide the Police Department, Fire
Department, Building Commissioner, Board of Health, and Special Permit Granting Authority with
the names, phone numbers, mailing and email addresses of all management staff and key-holders,
including a minimum of two (2) operators or managers of the facilities identified as designated contact
persons to whom notice should be made if there are operating problems associated with any use under
this section. All such contact information shall be updated as needed to keep it current and accurate.
9) The permit holder shall file a copy of any summary cease and desist order, cease and desist order,
quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action
issued by the state regulatory authority with the Zoning Enforcement Officer and SPGA within 48
hours of receipt by the Applicant.
10)
regulatory authority.
11) The permit holder shall notify the Zoning Enforcement Officer and SPGA in writing within 48 hours
registration with the state regulatory authority.
8.13.16 Annual Reporting: Each AMU permitted under this Bylaw shall, as a condition of its special permit, file
an annual report with the Special Permit Granting Authority and the Town Clerk no later than January
st
31, providing a copy of all applicable state licenses for the Facility and/or its owners and demonstrate
continued compliance with the conditions of the Special Permit.
8.13.17 Prior to any construction being undertaken in the Town of North Andover, any site or development to
which this section applies shall comply with the regulations of all sections of the Zoning Bylaw as well
as all other applicable Town Bylaws and laws and regulations of the Commonwealth of Massachusetts.
8.13.18 Site Alteration: Violation of the Bylaw
For any site where the use requires a special permit, no building permit, site clearing, filling, grading,
material deliveries or construction shall be initiated on any site to which this section applies until a
Special Permit is granted and recorded at the Registry of Deeds.
8.13.19 Revisions to Approved Site Plan
1) Any revisions to the documents or plans submitted and approved as part of a special permit
application shall be submitted to the Town Planner for review. No revisions shall be approved until
the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan
fall into the following categories:
a) A change of location and layout of any parking area(s), signs, storage or accessory buildings,
provided that no Town Bylaws are violated by the change;
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b) The change in the proposed landscaping plan which does not violate any Town Bylaw;
c) A change of egress and ingress provided the same is in compliance with Town Bylaws and
the requirements of the Commonwealth.
2) The revisions cited above may be completed without further review by SPGA, upon approval by the
Town Planner. The Town Planner may determine that the revisions as shown do not fall into the
categories outlined in this subsection, and that the proposed revisions are in fact substantial and call
for materially different site plan than approved by the SPGA in that changes are called for in the
type, location and manner of the facilities and site improvements to be constructed and shown in the
approved site plan.
3) If the revisions are determined to be substantial and materially different by the Town Planner, the
Town Planner shall direct the applicant to resubmit the special permit to the SPGA in accordance
with the provisions of this section.
8.13.20 The Special Permit shall be limited to the current applicant and shall lapse if the permit holder ceases
operating the AMU.
8.13.21 Prohibition Against Nuisances: No use shall be allowed in the AMU which creates a nuisance to abutters
or to the surrounding area, or which creates any hazard, including but not limited to, fire, explosion,
fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare,
objectionable effluent or electrical interference, which may impair the normal use and peaceful
enjoyment of any property, structure or dwelling in the area.
8.13.22 Violation: Any violation of the terms and conditions of a special permit issued pursuant to the Zoning
Bylaw or any section of this Zoning Bylaw, after proper notice and demand, if the violation is not
abated the Building Inspector or Town shall institute appropriate action or proceedings in the name of
the Town of North Andover to prevent, correct restrain or abate any violation and the violator shall be
subject to a fine of $300.00 a day for each day the violation continues.
8.13.23 Severability: The provisions of this Bylaw are severable. If any provision, paragraph, sentence, or
clause of this Bylaw or the application thereof to any person, establishment, or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or application of this Bylaw.
Or to take any other action relative thereto.
Planning Board
Board of Selectmen Recommendation: To be made at Town Meeting
Planning Board Recommendation: Favorable action
Vote Required: Two-thirds (2/3) Vote
ARTICLE 4 DEFEATED WITHDRAWN BY UNANIMOUS VOTE
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Article 5: Amend Zoning Map Marijuana Overlay District (MOD). To see if the town will vote to amend
the Zoning Map for the Town of North Andover to zone the following parcels of land to be included within the
MOD Sub district A
Map 77 Parcel 13
- by Holt Road
- by Lot 4
- by Parcel 3
- by Clark Street
Map 77 Parcel 14
- by Holt Road
- by Lot 3
- by Parcel 3
- by Lot 7
Map 77 Parcel 3
- by Lots 3, 4, and 7
- by City of Lawrence Airport Commission
Southerly 465 +/- by City of Lawrence Airport Commission
- by Clark Street
Map 77 Parcel 12 (3 sided lot)
- by Parcel 17
Ea- by Clark Street
- by City of Lawrence Airport Commission
Map 77 Parcel 17
- by City of Lawrence Airport Commission
- by Clark Street
- by Parcel 12
\\-by City of Lawrence Airport Commission
MOD Sub district B
Map 34 Parcel 17
A certain parcel of land situated on the west side of Osgood Street in the Town of North Andover, County of
Essex and Commonwealth of Massachusetts, bounded and described as follows:
Beginning at a stone bound drill hole on the westerly side of Osgood Street near the southeasterly most corner
of the subject property at land now or formerly of 1600 Osgood Street, LLC; thence
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S 68° 33' 06" W A distance of one thousand four hundred eighty one and eighty four hundredths (1481.84)
feet to a point; thence
N 62° 12' 02" W A distance of seven hundred fifty eight and ninety eight hundredths (758.98') feet to a
point; thence
N 43° 50' 05" W A distance of one hundred seventy and five hundredth
N 01° 29' 50" E
point; thence
N 10° 39' 24" W e
N 23° 50' 40" W A distance of one thousand three and eighty hundredths (1003.80') feet to a point; thence
N 38° 19' 04" E A distance of seven hundred forty and ninety hundredths (740.90') feet to a point; thence
N 43° 10' 35" E A distance of one hundred and thirty six hundredths (100.36') feet to a point; thence
N 37° 10' 20" E A distance of one hundred and two hundredths (100.02') feet to a point; thence
N 34° 35' 56" E nt; thence
N 38° 19' 04" E
along Parcel A2 depicted on Plan No. 15933; thence
S 13° 44' 46" E A distance of one hundred forty four and sixty four hundredths (144.64
along Parcel A2 depicted on Plan No. 15933; thence
N 76° 15' 22" E
depicted on Plan No. 15933; thence
N 47° 22' 18" E A distance of eighteen and fifty
depicted on Plan No. 15933; thence
N 76° 24' 27" E
A2 depicted on Plan No. 15933; thence
S 13° 44' 46" E A
Parcel A1 depicted on Plan No. 15933; thence
N 76° 15' 14" E
Parcel A1 depicted on Plan No. 15933; thence
S 3° 10' 57" E
sideline of Osgood Street; thence
Southerly To a non-tangent point of curvature with a length of five hundred fifty six and fifteen
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g the
sideline of Osgood Street; thence
S 13° 25' 11" E
along the sideline of Osgood Street; thence
S 76° 23' 08" W feet to a point along the sideline of
Osgood Street; thence
S 13° 36' 52" E
along the sideline of Osgood Street; thence
Southerly To a non-tangent point of curvature with a length of one hundred seventy five and eighty
of one hundred seventy five an
of Osgood Street; thence
S 1° 12' 38" W
point of beginning
Said parcel contains an area of 5,181,223 more or less square feet, or 118.94 more or less acres
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Or to take any other action relative thereto.
Planning Board
Board of Selectmen Recommendation: To be made at Town Meeting
Planning Board Recommendation: Favorable action
Vote Required: Two-thirds (2/3) Vote
ARTICLE 5 DEFEATED WITHDRAWN BY UNANIMOUS VOTE
Article 6: Citizen Petition- Authorization of the Town Manager and Board of Selectmen to negotiate and
execute a Host Community Agreement with Valley Green Grow, Inc. (doing business as Massachusetts
Innovation Works), and/or its affiliated entities, as the operator of a Registered Marijuana Dispensary
comm To see if the Town will
vote to authorize the Town Manager and Board of Selectmen to negotiate and execute a Host Community
Agreement with the Operator upon such terms as the Town Manager and Board of Selectmen shall deem to be
in the best interests of the Town which shall include, but not be limited to: (i) a payment by the Operator of
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annual fees of approximately $3,500,000 covering items such as personal property taxes, host community fees,
and other community related expenses all in consideration of 1,100,000 square foot of permitted and
constructed cultivation space, (ii) formation of a community and/or special revenue fund to administer grants to
North Andover organizations to be funded by the Operator with an initial grant of $250,000 and continuing
annually with 1% of gross cannabis related revenue up to $1,000,000 per annum in contributions, (iii) a term of
ten (10) years, and (iv) to take such other actions as may be necessary to implement and administer such
agreement, or take any other action relative thereto.
Jeff Goldstein et al
Board of Selectmen Recommendation: Take no action
Explanation: The Board of Selectmen recommendation to take no action on this article is based on the fact that
the Town Manager and Board of Selectmen already have the authority to negotiate and execute a Host
Community Agreement and any action on this article would be of no consequence. It is the intent of the Town
Manager and Board of Selectmen to negotiate an agreement that is in the best interest of the Town. This is not a
recommendation against having a Host Community Agreement.
Vote Required: Majority vote
ARTICLE 6 DEFEATED WITHDRAWN BY UNANIMMOUS VOTE
The Special Town Meeting Dissolved by Unanimous Vote at 9:40 PM on January 30, 2018
Respectfully submitted,
Joyce A. Bradshaw, CMMC, Town Clerk
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