HomeMy WebLinkAbout2018-01-09 Planning Board Minutes Town of North Andover
PLANN17VG BOARD
John Simons, Chairman • ' Eitan Goldberg
Peter Boynton •, Aaron Preston
Jennifer LuzChristine Allen,Associate
Tuesday January 9 2018 7 P.m. 120 Main Street Torun Hall North Andover HA 01845
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2 Present: J. Simons,P. Boynton,J.Luz, E. Goldberg,A.Preston, C.Allen
3 Absent:
4 Staff Present: S.Egan,J. Enright,M. Gregoire,
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6 J. Simons,Chairman: The Planning Board meeting for Tuesday,January 9,2018 was called to order at 7 p.m.
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8 PUBLIC HEARINGS
9 NEW PUBLIC HEARING: SPECIAL TOWN MEETING ZONING ARTICLES:
10 Article 2: Citizen Petition--Prohibition of Non-Medical Marijuana
11 Article 4: Amend the Town of North Andover Zoning Bylaw—To Replace Section 8.13-Temporary
12 Moratorium on Recreational Marijuana Establishments with Section 8.13-Marijuana Overlay District
13 Article 5: Amend Zoning Map—Marijuana Overlay District (MOD)
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15 J. Simons: Our sole topic of discussion this evening are the Special Town Meeting warrant articles 2,4 & 5.
16 Explained that the Planning Board voted Unfavorable Action on this proposal in May 2017. The Board felt that it
17 was premature, incomplete and didn't have proper protection for Town interests.As a result,every meeting going
18 forward we have addressed a comprehensive zoning bylaw for the proposed large scale use of a cultivation facility
19 in North Andover.It is a result of 6 months of hard work by the Board,Town Counsel and the Planning Director.
20 As you ask questions this evening, there are two filters I suggest you use; 1)If you are in favor of this type of large
21 scale use, does the bylaw provide adequate protection to the Town from a regulatory perspective;the other view;
22 2)Asir if this an appropriate use for the Town and do the benefits outweigh the costs?
23 J. Enright: Article 2 is the Citizen Petition that would serve to prohibit non-medical marijuana-(requested that the
24 proponent provide an overview).Article 4 is to amend the Town of North Andover zoning bylaw to replace
-25 Section 8.13, implemented last year as a temporary moratorium on recreational marijuana establishments with
26 Section 8.13 Marijuana Overlay District. Provided an overview of the article: the article creates a Marijuana
27 Overlay District to provide for the siting of specific allowed marijuana uses which relate to, or involve marijuana
28 as regulated by MA General Law and to repeal zoning bylaw 8.13 temporary moratorium on recreational
29 marijuana establishments and retailers. The Marijuana Overlay District bylaw combines the content of the medical
30 marijuana bylaw that exists today and the Site Plan Review bylaw with the new provisions for commercial
31 marijuana. The prohibited uses are consistent with what the BOS voted for;thus no retail and no craft marijuana
32 cultivator cooperatives. The allowed siting is consistent is with the Medical Marijuana Overlay District, but
33 extends it to 1600 Osgood Street.However, 1600 Osgood St is restricted from selling or dispensing either medical
34 or recreational marijuana.The bylaw allows for outside peer review consultants for a number of aspects such as:
35 community impact,water usage, security measures,transfer of marijuana policy,waste management, energy&
36 environmental standards, odor analysis,etc. The bylaw provides for a linkage between cultivation space and
37 research space.As an alternative to tiering cultivation square footage,bond requirements and a construction
38 management plan is required to ensure designated milestones are met. Non-compliance with the timing or
39 sequence in the plan shall"stay"any further construction of the project, or operation of the use,until the project is
40 brought into compliance with the plan. Article 5 serves to amend the town's zoning map to include the Marijuana
41 Overlay District.
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Town of North Andover
PLANNING BOARD
John Simons, Chairman •' Eitan Goldberg
Peter Boynton •, Aaron Preston
Jennifer Luz - Christine Allen,Associate
Tuesday January 9, 2018 7&M. 120 Main Street Town Hall North Andover,MA 01845
42 E. Goldberg: Did anything happen at the BOS meeting last night that would influence changes to where we are at
43 today?What is useful to us this evening is commentary about land use questions.
44 J. Simons: Stated there was a robust discussion,most comments were opposed,there was a question related to
45 retail—is a deliver service retail, and there were questions about benefits accrued and incremental tax revenue,
46 which is outside the Board's scope. Suggested the Board address the linkage of the R&D to cultivation.
47 S.Egan: Stated here was nothing that would change the"process"which remains in place. The BOS voted
48 unfavorable action on Article 2.
49 J. Simons: This hearing is open and we will render a recommendation at the third meeting so the public has
50 multiple opportunities to be heard.
51 Lynne Rudnicki, 32 Marblehead Street:Although she did not sponsor Article 2 she provided and overview since
52 Wendy Wakeman was unable to attend and Charles Salisbury wasn't in attendance yet.Explained the article is a
53 ban on recreational marijuana and that Haverhill just added it to their list to ban recreational marijuana based on
54 the recent Attorney General comment regarding the enforcement of Federal laws. Requested the Board to consider
55 that by referendum of the ballot the Town voted it down 47 to 53 to have recreational marijuana and that the Board
56 make a Favorable recommendation on Article 2.
57 Ed Lynch, 137 Haymeadow Road: Requested clarification and simplification of the issues. Can you boil this down
58 for us?If you vote no then it means"this"for the town; if a yes vote, it means"that". Can this Board create a top
59 ten frequently asked questions list?
60 J. Simons: Explained that this is a bylaw proposed to regulate a large scale commercial marijuana property; if you
61 believe that use is appropriate and the benefits exceed the cost; vote yes.If you believe the town should not have
62 this use,you should vote against it. ,
63 E.Lynch: If I vote yes,that means there will still be an opportunity for a medical dispensary in our town?
64 E. Goldberg: The short answer is,yes. This is a zoning article for uses that are allowed or not allowed in specific
65 areas.
66 E.Lynch: Those things can go there;but there will be no retail recreational dispensary at all in our town?How
67 much money will be created from this project and how will it be spent?
68 S. Egan: Currently,there is a Medical Marijuana Overlay District in place.
69 J. Simons: Responded that was a major topic at the BOS meeting. There's two pieces, a Host Agreement between
70 the applicant and the town; structured between the Town Manager and the BOS who determine the agreement in
71 negotiations; it hasn't been done yet.The other piece is the impact on real estate revenue which is hard to do
72 because you don't know the complete value of all the investment being made in the property. The Board of
73 Assessors assess the value; how it phases in over time; it's not in the purview of the Planning Board. This is where
74 you judge for yourself whether you believe what the applicant has said.
75 [Board agreed to put together a summary of the warrant article for the public.]
76 Charlie Salisbury, 301 Johnson Street: Explained that this bylaw(article 2)was lifted from the Town of No.
77 Reading who passed it in spring 2017. Their Planning Board offered it, put it on the warrant, supported it and
78 passed it.It happened in many other towns similar in makeup to North Andover,- Lynnfield, Wakefield, etc. It
79 doesn't block medical marijuana but it does say as far as non-medicinal marijuana-no business facilities other
80 than medicinal marijuana are allowed. Since then, 3 0 towns have done that with the support of their Planning
81 Boards,Methuen,Andover,Lawrence, etc. Perhaps the Planning Board doesn't think North Andover needs to be
82 as much of a community as those other towns that are protecting themselves?
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Town of North Andover
PLANNING BOARD
John Simons, Chairman •' Eitan Goldberg
Peter Boynton " •� Aaron Preston
Christine Allen,Associate
Jennifer Luz
Tuesday Jan uary 9 2018 7 P.rn. 120 Main Street Town Hall North Andover MA 01845
83 E. Goldberg: Stated that his opinion is that,from a planning and land use perspective; growing for medical or
84 commercial really doesn't matter. It's the same product used a different way.From a policy perspective,I see the
85 argument and that's why there's a general bylaw.
86 C. Salisbury: It refers to establishments;the process was recommended by the Attorney General.
87 J. Simons: I'm not sure I agree. We've come up with this bylaw, but if we are going to allow large commercial
.88 cultivation of marijuana this is the bylaw you want; despite that,this may not be the"use"you want;that's partly
89 public policy; partly zoning. The bylaw allows that facility of scale to be an allowed use in the town. The net
90 effect is that the medical bylaw still exists.
91 E. Goldberg: If the only difference is medical v. commercial then from a land use perspective why should that
92 matter?
93 P.Boynton: Stated that he appreciate the perspective. Referred to the intro to the bylaw,the first purpose is"to
94 encourage the most appropriate use of land". Questioned why couldn't that be"type"of use as well; in terms of
95 inaction by the PIanning Board?
96 C. Salisbuiy: Questioned the Board as to whether they belong to a State Association of Planning Boards, if they
97 discuss and compare notes with other Planning Boards and if they can you talk about their experiences in other
98 towns and why we're different?
99 J.Enri t: We have been to conferences,meetings, researched other bylaws that have been put into place,we
100 discussed what other towns are doing.
101 E. Goldberg: A lot of towns have banned the use of commercial marijuana outright. We are perhaps the first to go
102 through a comprehensive bylaw process. Every town is going through this. We are in somewhat of a different
103 position because the applicant has an actual project.
104 A.Preston: This article(Article 2)is put forth because a lot of surrounding towns arc doing it. What is the
105 potential problem you are looking to solve?
106 C. Salisbury: Stated that he thinks it is taking advantage of the law that was passed in November 2016 by the
107 voters,that says there is local option, control, it specifies what that can be. We are a community that can benefit to
108 avoid all the issues that might happen as a result of passing that article. It does not prevent use, keeping or
109 individual growing,but it does allow the town to say we don't need any commercial establishment. We didn't
110 before the election and we shouldn't after.Doesn't think marijuana businesses help the reputation of the town;
111 similar to gambling casinos.Used Foxwoods Casino as an example; it's not a community that people want to
112 move into.North Andover has benefited by being a very nice location, surrounding an area that generates lots of
113 fresh students out of good schools,raising families,starting businesses, doing the kinds of things that make North
114 Andover a nice place to live. Stated he did not think they'd choose North Andover, "the pot center of New
115 England"as being a place to do that thinks they'll go to some of these other towns instead.
116 Andrew Firmin 5 Crossbow Lane: Stated that if the impetus for Article 2 is that 30 other towns in the
117 Commonwealth have taken that action, he would ask the Board to take Unfavorable Action on Article 2. We have
118 a property that has been vacant for a long time and we have a very real potential for that property to go into use.
119 We have an identified property for land use now. Expressed that he has been following this Board;the Board took
120 on this process last summer,toured the facility and continually met with the applicant. Requested confirmation of
121 the reason for Unfavorable Action was because there was a notion that there was not a comprehensive plan with
122 due diligence; has that been presented to you?
123 J. Simons: This has been a totally open,transparent process. We have obviously gone through a lot of due
124 diligence. The intent is that this is a bylaw that addresses large scale commercial use.This has been a good
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Town of North Andover
PLANNING BOARD
John Simons, Chairman •' Eitan Goldberg
Peter Boynton •, Aaron Preston
Jennifer Luz Christine Allen,Associate
Tuesday January 9, 2018 07p.m. 120 Main Street Town Hall North Andover, MA. 01845
125 regulatory process. Again,the threshold question is still whether you believe large scale commercial use is
126 appropriate for the town.
127 A. Firmin: Again, stated the Unfavorable Action was a result of this proposal being rushed;there wasn't a plan
128 and now there has been thoughtful consideration. There has been due diligence?
129 E. Goldberg: We've had seven months of meetings and received many more answers. The applicant has heard our
130 concerns, i.e. water use, odor, electrical, etc. The last time these topics were not adequately discussed.
131 J. Luz: Agreed that the Board has engaged in a robust dialogue with the applicant, asked a lot of hard questions
132 and received a lot of information. Stated that as a Board,we have done diligence outside of those conversations
133 with the applicant. We've taken the time and really leaned hard on the Planning staff and Town Counsel to provide
134 examples of how is this being done in Colorado,how have they regulated it,what are the problems they are
135 seeing, how do we correct for that or prevent it. We have really done a Iot of work,pushed the applicant,toured
136 the facility and looked elsewhere. Expressed that she is happy to say that she is confident that the Board has
137 opened every door to draft a good bylaw.
138 A. Preston: Stated that Article 4 has been crafted by the Planning Board who has been working on with Town
139 Counsel and the Planning Director. The development team did not draft this bylaw.
140 P.Boynton: Expressed that the process used with this draft bylaw was more thorough than what we were able to
141 do in the spring and that there is another important element of due diligence beyond drafting the contents of the
142 bylaw.This Board has commented repeatedly of the need to carefully and thoroughly engage the Town, so that
43 residents would have-a full opportunity to understand what is involved in this bylaw and potential uses under it.
144 The Board commented multiple times on the importance of a very thorough public outreach. Stated that he
145 considers that part of the important due diligence and that what caught him by surprise was the time we"thought"
146 we had between now and Town Meeting was dramatically cut short by the calling for Special Town Meeting.
147 There is no choice but to react. It is imposed on us and this Board reacted with flexibility to a schedule that was
148 radically cut short.Expressed that it is unfortunate because it places at risk our fellow citizens not fully
149 understanding all the good work that has been done. The applicant agreed that has created a risk.
150 A. Firmin: Asked if the article would Iook drastically different if more time were allowed.
151 P. Boynton: Stated that if we had the normal amount of time,I'm confident our citizens would be better equipped.
152 J. Simons: Stated that as a technical bylaw,this addresses most of the issues of large scale commercial marijuana.
153 Mr. Boynton's point is the public policy issue, "do you want to have a large scale facility like this and what are the
154 pros and cons from a broader perspective"than just simple zoning, is the part that is being compressed as a result
155 of this. What are the impacts on real estate values,benefits, etc.; it's up to people to make their own decisions.
156 A. Firmin: Water usage, draining of the lake and odor mitigation;has that been answered to your satisfaction?
157 J. Simon: Sections of our bylaw protect and address those issues with consultants, conditions, etc.
158 E. Goldberg: If the bylaw passes, it is strict enough under Special Permit.
159 P.Boynton: Suggested that there is a third element of due diligence; we are in a dilemma without input from the
160 Cannabis Control Commission or the rules and regulations promulgated by the Commonwealth. We are doing this
161 before we know what the rules are.
162 J. Luz: Stated that the Board has included best practices for Special Permit but regarding specific concerns
163 encouraged the public to visit their open houses at the site. We specifically provide review under Special Permit
164 and will hire outside professional consultants to review plans. We are holding any applicant to the highest best
165 practices.
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Town of North Andover
PLANNING BOARD
John Simons, Chairman • ' Eitan Goldberg
Peter Boynton •, Aaron Preston
Jennifer Luz
Christine Allen,Associate
Tuesday January 9 2018 7 p.m 120 Main Street Town Hall North AndoverMA 01845
166 P.Boynton: Unlike fire code where we could site a standard there are no industry standards that we could base the
167 bylaw on. Our best alternative was best practices.It needs to be understood that we are moving ahead of any
168 established standards that would have otherwise been able to be placed in the bylaw.
169 D. Lega, 1600 Os Nod St.-Development Team: Communicated that every Wednesday evening until Town
170 Meeting the Development Team will be hosting a site walk/Open House at the property from 6:30-8.30 p.m.
171 Visitors will have the chance to meet with the development team,the experts, designers of the facility, etc.We
172 will meet on the manufacturing floor, answer questions and have extended discussions.You will have a chance to
173 see the scope of the project and understand the vision.Parallel with the PIanning Board process,we have been
174 working on an objective to achieve a host community agreement with the Town and BOS. We were advised to
175 take steps to prove the project is real. We have met with the Town's Technical Review Committee (TRC)and to
176 describe our project.In order to pursue this,there is a process, a lot of work is being done and this project is very
177 real.
178 J.Enri t: It was communicated to the proponents that the TRC meeting was completely independent of the
179 process taking place with this Board. The TRC was an introduction of the proponent's project and staff review
180 comments were based on the 30K foot review of reports and project description provided.
181 J. Simons: Stated that any consultants you are working with are not the Board's consultants.
182 James Proto a as 221B1ue Ridge Road: Questioned whether the Board has done any parallels as to how this
183 project and resources measure up to what Lucent used. There were I OK employees at Lucent working 24 hours a
184 day and their electricity bill must have been a million dollars a month. If Lucent could be supported surely this can
185 be?
186 E. Goldberg: Stated that it's not really addressed in the bylaw;we discussed maximum square footages in the
187 bylaw; we decided that was appropriate on a Special Permit basis;minimum requirements have to be the same.
188 We asked that question and it was discussed.
189 S. Expressed that each use is completely new and will have to comply with the regulations at that time.
190 Bruce Travers 207 Blue Ridge Road: Requested that the Board not have a"rush to act";the Cannabis
191 Commission has no regulations yet,recreational marijuana was passed on the ballot in 2016,the Commonwealth
192 chose not to initiate any action in regards to retail marijuana distribution until July of this year. Stated that
193 everyone has taken a wait and hold approach to see what this all means. As a town, is this an appropriate use of
194 land; land use or zoning matter? Stated that personally he does not believe it is.Expressed that if this works out,
195 the Cannabis Commission comes up with rules and regulations, uses,non-uses, appropriate revenue streams,
196 appropriate manufacturing systems. It's regulated, controlled,taxed and understood. We can readdress it in the
197 future. The U.S. Atty. General,Jeff Sessions,came out with a paper on the legal recreational use of marijuana in
198 the country which is still against federal law; both CO and Washington state are having trouble with the revenue
199 streams from illegal assets. There's no reason we can't jump on this train after it starts moving.Encouraged
200 everyone to see the site; it's huge; one of the largest buildings in this state. Let's be patient; see how this unfolds;
201 see what happens when the first recreational shop opens.
202 Frank Ra onese 1939 Great Pond Road: Reviewed a MA Municipal Association-The Marijuana Law: What
203 Cities and Towns Need to Know document stating that it says,"original law stipulated that any city or town with
204 an area previously zoned for medical marijuana could not prohibit recreational marijuana from being sold in the
205 same zone;however,the reworked law removes that section, saying that a city or town may not prohibit an
206 existing medical facility"from converting"if it is approved by the state"; and approval by the state won't be
207 difficult.Also, "Communities where voters rejected Question 4 may ban recreational marijuana business through
208 their standard ordinance or bylaw process until Dec. 31, 2019;this process will apply to the 91 communities where
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Town of North Andover
PLANNING BOARD
John Simons, Chairman • ' Eitan Goldberg
Peter Boynton •, Aaron Preston
Jennifer Luz Christine Allen,Associate
Tuesda y Jan uary 9 2 01 7 P.m. 120 Main Street Town Hall North Andover MA 01845
209 Question 4 did not pass". Stated that North Andover is one of the 91 communities. Questioned why are we
210 rushing into this and why is the petitioner pushing so hard that the Planning Board has to have three meetings this
211 month?Expressed that the Special Meeting is an out of pocket expense of$18K or more for the Town that wasn't
212 budgeted for in last year's budget and that the town has built several new projects(High School, Police Station,
213 Fire Station, renovated Town Hall)without marijuana money. Expressed that the Board has been provided
214 unsubstantiated figures,this is the biggest thing that's come to this Town since he's lived here (33 years), and that
215 people are approaching him with the concept of our town as being the largest cultivator in the country. Stated that
216 if this passes at Town Meeting we will be known as the largest cultivator in the country. Expressed that we need
217 more time;there's confusion out there. Questioned fines at$200 per day for non-compliance.
218 P. Boynton: CIarified that the fine$300 and that the Board didn't have the ability to include a larger fine. The
219 Board also have the ability to shut down operations.
220 S. EEg : We require a performance bond for a Special Permit which can be tapped if there is a violation.
221 Dan Defillippo, 47 Sutton Hill Road: Communicated that he is raising a young family here and wanted everyone
222 to think of the impact this will have on other businesses on the Town. Expressed that this site has been
223 underutilized for a long time,we aren't rushing, his understanding is there will be 2,000 more jobs created and
224 businesses benefiting. Stated he doesn't believe this is an inappropriate use of the land and that they aren't going
225 to sell any marijuana to public people. This is a medical research facility. They are researching medicine for
226 people who are dying of cancer.
227 J. Simons: Clarified that the only requirement in our bylaw that requires them to do any research is the ratio 15 %
228 of total cultivation space. It's predominantly a cultivation facility;you are being misleading and not correct.
229 D.Defillippo: Expressed that you need to cultivate to research and that this isn't Colorado, "open up a shop and all
230 the pot heads are coming in". Having children he wouldn't support that.These are professional people; doctors,
231 horticulturists, lawyers, accountants, etc. Stated that we've learned from other states the mistakes they've made.
232 This site is an asset that's been underutilized for so long. We need to do it right so people aren't misinformed.I'm
233 in support of this.
234 F.Ra og nese: Expressed again that it says here, a city or town"from converting"they're going to open up and they
235 have the option to convert and once passed they can do anything they want out there. Stated that the owner who
236 bought this building didn't market it properly and that we were promised condos,residential,commercial, a train
237 station.
238 M. Rosen: Stated that he believes the MMA memo referenced is not applicable law at this point. This site(1600
239 Osgood St.)will not have any retail establishment or operations.No medical or recreational will be sold from this
240 site.
241 Rosemary Smedile,BOS: Communicated that there is a group meeting this Saturday 1-3 p.m. at the NA Senior
242 Center. Stated that last night,when asked, 15 % is slated for medical research and I never got a straight answer.
243 Expressed that the project is being advertised as medical research and medical marijuana and that there is a very
244 good chance the majority of that facility will be recreational. Stated that the applicant has not answered the
245 question as to the number of jobs that will be created.
246 J. Simons: It could be 100%recreational and 0%medical. We are trying to achieve a balanced use with the 15%
247 ratio, but if it's just shut off space that's never used I'm not sure we've achieved the objective. We may need to tie
248 the research and cultivation use together somehow. I would ask everyone to think about that.
249 E. Goldberg: You never know who is going in and when. It's a tough question that may have to do with build-out.
250 S. Egan: We will need to revisit this;the bylaw is currently drafted with 15% of the total gross floor area dedicated
251 to cultivation space. We will tighten that up a bit.
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Town of North Andover
PLANNING BOARD
John Simons, Chairman •' Eitan Goldberg
Peter Boynton Aaron Preston
Jennifer Luz
Christine Allen,Associate
Tuesday January 9, 2018 7 p.m. 120 Main Street Town Hall North Andover MA 01895
252 L.Rudnicki: Questioned how Sub District B-how is not considered Spot Zoning. Suggested it only applies to one
253 parcel and that it is limiting and requiring 15%. Stated that his parcel is more restrictive,has more requirements
254 than other parcels; it is limiting and probably a subject of appeal. Questioned if the warrant article had been run by
255 the Atty. General for compliance. Recommended that the Town do that as soon as possible.
256 Soman: Stated that she doesn't believe, in this instance, a court would find this as Spot Zoning. That is an issue
257 when you are trying to limit someone from using a property in a certain way. The article has not been run by the
258 Attorney General's office.
259 E. Goldberg: Generally, it is not found when there is public benefit. Lack of dispensary is perceived as a benefit.
260
261 ADJOURNMENT
262 MOTION: E. Goldberg made a motion to continue the Public Hearing on Articles 2, 4& 5 to the January 16,
263 2018 meeting at 7 p.m. The motion was seconded by A.Preston. The vote was 5-0,unanimous in favor.
264 MOTION: E. Goldberg made a motion to adjourn the meeting. The motion was seconded by J. Luz. The vote
265 was 5-0,unanimous in favor. Meeting adjourned @ 8.45 p.m.
266
267 MEETING MATERIALS: Planning Board Meeting Agenda January 9,2018,DRAFT Planning Board Meeting Minutes
268 January.2,2018;Article 2: Article 2 Citizen Petition Prohibition of Non-Medical Marijuana;Article 4:Article 4 Marijuana
269 Overlay District Bylaw;Article 5:Article 5 Zoning Map Amendment, 171227 Stamped 5723 MOD(EXHIBIT)(12-27-17).
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