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Home My WebLink About2018-01-08 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES January 8, 2018 CALL TO ORDER: Chairman Phil DeCologero called the meeting to order at 7:00PM in the Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Phil DeCologero, Clerk Regina Kean, Licensing Chairman, Richard Vaillancourt, Rosemary Smedile, Chris Nobile, Assistant Town Manager Ray Santilli, Town Counsel Suzanne Egan and Executive Assistant, Laurie Burzlaff. Approximately 30 members of the public were in attendance. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Regina Kean, to approve the Open Session Minutes of December 18, 2017. Vote approved 5-0. CONSENT ITEMS: (taken out of order) Request of Luke Babb for permission to install a boardwalk at Osgood Hill Trail for his Eagle Scout Service Project Luke Babb, presented his request for permission to install a boardwalk at Osgood Hill Trail for his Eagle Scout Service Project. The Conservation Commission has already approved the project. Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve the request of Luke Babb, to install a boardwalk at Osgood Hill trail for his Eagle Scout Service project and to waive all permit fees. Vote approved 5-0. Acceptance of donations Industrial size freezer to the Senior Center from the Friends of the North Andover Senior Center Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen accept the donation of an industrial size freezer from the Friends of the North Andover Senior Center to the Senior Center. Vote approved 5-0. $500 from Elizabeth Armstrong to the Fire Department For the past several years, Elizabeth Armstrong has donated $500 to the Fire Department. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen accept the donation of $500.00 from Elizabeth Armstrong to the Fire Department. Vote approved 5- 0. Affordable Unit Resale-2 Harvest Drive, Unit 104 (Oakridge Village/Maplewood Reserve) housing unit at 2 Harvest Drive, Unit 104 (Oakridge Village-Maplewood Reserve) is for sale. It was recommended the Board decline its right of first refusal. Richard Vaillancourt made a MOTION, seconded by Regina Keean that the Board of Selectmen decline the right of first refusal to purchase the affordable housing unit at 2 Harvest Drive, Unit 104 (Oakridge Village-Maplewood Reserve). Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: MassDOT-Update on Mass Ave/Chickering Road project Kristen Hayden, the consultant for MassDot updated the board regarding the Mass Avenue/ Chickering Road project. They are in the process of evaluating options for the crosswalk and for a stop sign at right hand turn toward Osgood Street. Ms. Hayden will report back to the town by the end of March. Town Counsel for Special Town Meeting th Suzanne Egan will be on vacation on January 30. In s absence, Lauren Goldberg will serve as Town Counsel at the Special Town Meeting. Attorney Goldberg is a lead attorney at KP Law and has a vast amount of experience. Since KP Law has already been appointed special town counsel for the town, no vote is necessary. Board of Selectmen Minutes January 8, 2018 2 Citizen petitions Article 1-Prohibition of Non-Medical Marijuana-General Bylaw Article 2- Prohibition of Non-Medical Marijuana-Zoning Bylaw Charles Salisbury, 301 Johnson Street, provided an explanation for Articles 1 and 2. Article 6- 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 and any other Attorney Michael Rosen spoke on behalf of the petitioner, Jeff Goldstein. Chairman DeCologero indicated that the Board of Selectmen already possess the authority to enter into a host community agreement and do not need Town Meeting approval. Attorney Rosen explained Article 6 and indicated that he would let the Board know prior to Town Meeting if the petitioner is going to withdraw the article. Planning Board Special Town Meeting Warrant Articles John Simons, chair of the Planning Board, explained the two Planning Board articles. Mr. Simons indicated that the Planning Board drafted a bylaw which they believe addresses their concerns if a project like the one proposed at 1600 Osgood were to move forward. Mr. Simons explained that there are members of the Planning Board that do not believe the project is right for North Andover. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Chris Nobile, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Public Hearing for alleged liquor license violation at North Andover Resta November 22, 2017 (continued from 12/18/17) Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, open the public hearing for the purpose of obtaining information regarding a possible liquor license violation by North Andover Restaurant, Inc., d/b/a The Chair read the notice sent to license holder and proceeded with the hearing. Officer Driscoll and Officer Barter gave their statements regarding the matter. Owner, Lesley Carlson, stipulated to the fact that there was a fight but not that there was a person under the age of twenty-one being served. Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, close the public hearing. Vote approved 5-0. The Board discussed whether they believed any violations occurred. The Board agreed to address the two alleged violations separately. Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as License Commissioners, find that on November 22, 2017 at North Andover Restaurant d/b/a Rolfs, 39 Main Street, a liquor license violation did not occur pursuant to Town of North Andover Alcoholic Beverages Regulations and 204 CMR 2.05(2) Permitting an illegality on the licensed premises, to wit: Chapter 138, Section 34, Sale or delivery of an alcoholic beverage to a person under twenty-one years of age. Vote approved 5-0. Chris Nobile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen, acting as License Commissioners, find that on November 22, 2017 at North Andover Restaurant d/b/a Rolfs, 39 Main Street, a liquor license violation did occur pursuant to Town of North Andover Alcoholic Beverages Regulations, Section 32(1)(c), disturbances or disorderly conduct related to the licensed premises adjacent properties and/or parking lots. Vote approved 5-0. Licensing chair, Richard Vaillancourt, handed the gavel over to the Chairman DeCologero. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen, acting as Licensing Commissioners, impose the penalty of a written warning on North Andover Restaurant Inc. d/b/a Rolfs, 39 Main Street, for violation of the Town of North Andover Alcoholic Beverages Regulations, Section 32(1)(c), disturbances or disorderly conduct related to the licensed premises adjacent properties and/or parking lots, with the conditions that the license holder provide additional security training to staff, within sixty days report back to the Licensing Board of Selectmen Minutes January 8, 2018 3 Commissioners regarding said security training and retain all tapes from any incidents. Vote approved 5-0 Chairman DeCologero returned the gavel to Licensing Chair Vaillancourt. Request of Yakshil, LLC d/b/a Wine and Beer at the Andovers, 350 Winthrop Avenue, for a transfer of all alcohol package store license William Buco, manager of Wine and Beer at the Andovers and the new owner, Swetal Patel, were present to request the transfer of license. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Yakshil, LLC d/b/a Wine and Beer at the Andovers to transfer the all alcohol package store license. Vote approved 5-0. Request of Walgreens of Massachusetts, LLC d/b/a Rite Aid#10117, 525 Turnpike Street for a transfer of a wine and malt package store license Timothy Perry spoke on behalf of the applicant. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Walgreens of Massachusetts LLC d/b/a Rite Aid#10117 to transfer the wine and malt package store license. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Phil DeCologero to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. CONSENT ITEMS (cont.) 2018 Special Town Meeting Warrant Included in the packet was a draft of the 2018 Special Town Meeting Warrant. Vote to open the warrant Chris Nobile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen open the 2018 Special Town Meeting Warrant. Vote approved 4-1, Ms. Smedile opposed. Acceptance of the warrant Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen accept the 2018 Special Town Meeting Warrant as presented. Vote approved 4-1, Ms. Smedile opposed. Vote to close the warrant Richard Vaillancourt made a MOTION, seconded by Regina Kean the Board of Selectmen close the 2018 Special Town Meeting Warrant. Vote approved 5-0. Town Meeting Warrant recommendations Chairman DeCologero opened the meeting for public comment related to the Special Town Meeting Warrant Articles. Michael Connelly, 481 Rea Street stated he is against allowing the Osgood facility stating that the town could be at risk for violating Federal law. Ted Tripp, 262 Boston Street, spoke out against Osgood Facility and the loss of jobs and companies that currently occupy the building. Karen Rassias, 115 Carleton Lane asked about the host agreement in Article 6 and how the numbers were arrived at. David Torrisi, 67 Settlers Ridge Road stated that Article 6 was solely to get a special town meeting scheduled and the Planning Board could have not submitted an article, giving them additional time to review any proposed article submitted by citizen petition. Carl Rapucci, 14 Bucklin Road stated it takes several years to get medical uses approved. Tom Dugan, 48 Beacon Hill Boulevard asked for tax revenue fee calculation and to make the community host agreement negotiations public. Lynn Rudnicki, 33 Marblehead Street, asked why the town spent money on the Amazon proposal if the Board wanted it used as a cultivation site. Matthew Peterson, 684 Massachusetts Avenue asked the Board if the project could be prevented by not having a Host Community Agreement. The Board indicated that not having a Host Community Agreement would not stop it but they could withhold their letter of non-opposition. Kelly Cormier, 169 Andover Street asked the Board to not issue a letter. Kathleen Sullivan, 128 Martin Avenue, spoke out against having a marijuana facility in North Andover. Board of Selectmen Minutes January 8, 2018 4 The Board voted their recommendations on the Special Town Meeting Warrant Articles. The options for recommendation were favorable action, unfavorable action, take no action or to be made at town meeting. Regina Kean made a MOTION, seconded by Chris Nobile that the Board of Selectmen recommend unfavorable action on Article 1. Vote approved 4-1, Ms. Smedile opposed. Regina Kean made a MOTION, seconded by Chris Nobile that the Board of Selectmen recommend unfavorable action on Article 2. Vote approved 4-1, Ms. Smedile opposed. Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen recommend favorable action on Article 3. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen recommendation on Article 4 be made at Town Meeting. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen recommendation on Article 5 be made at Town Meeting. Vote approved 5-0. Regina Kean made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen take no action on Article 6. Vote approved 5-0. Vote to authorize Town Manager to resume negotiations with Mass Innovation Works regarding Host Community Agreement The Board was asked to vote on whether to authorize the Town Manager to resume negotiations with Mass Innovation Works regarding the Host Community Agreement or to wait until after the Special Town Meeting. Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen authorize the Town Manager to resume negotiations with Mass Innovation Works regarding the Host Community Agreement. Vote approved 4-1, Ms. Smedile opposed. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: Frank Ragonese, 1939 Great Pond Road, spoke against the Board voting in favor of allowing a marijuana facility. None ADJOURNMENT: Chris Nobile made a MOTION, seconded by Richard Vaillancourt to adjourn the meeting at 10:52 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant _______________________________ Regina Kean, Clerk of the Board Documents used at meeting: Eagle Scout project packet Donation memorandum Affordable Unit Resale memorandum Draft Warrant Public hearing packet- North Andover Restaurant, Inc. Wine and Beer of the Andovers request Walgreens request Job posting/vacancy log TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Phil DeCologero, Chairman TEL. (978) 688-9510 Regina Kean, Clerk FAX (978) 688-9556 Chris Nobile Rosemary Connelly Smedile Richard Vaillancourt BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA MONDAY, JANUARY 8, 2018 7:00 PM OPEN SESSION TOWN HALL MEETING ROOM 120 Main Street I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. December 18, 2017 Open Session Minutes, as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. MassDOT- Update on Mass Ave/Chickering Road project B. Town Counsel for Special Town Meeting C. Citizen Petitions 1. Article 1-Prohibition of Non-Medical Marijuana-General Bylaw 2. Article 2- Prohibition of Non-Medical Marijuana-Zoning Bylaw 3. Article 6- 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 commonly referred to as 1600 Osgood Street, D. Planning Board Special Town Meeting warrant articles V. LICENSING COMMISSIONERS A. 22, 2017 (continued from 12/18/17) B. Request of Yakshil, LLC d/b/a Wine and Beer at the Andovers, 350 Winthrop Avenue, for a transfer of all alcohol package store license C. Request of Walgreens of Massachusetts, LLC d/b/a Rite Aid#10117, 525 Turnpike Street for a transfer of a wine and malt package store license VI. CONSENT ITEMS A. Request of Luke Babb for permission to install a boardwalk at Osgood Hill Trail for his Eagle Scout Service Project B. Acceptance of donations 1. Industrial size freezer to the Senior Center from the Friends of the North Andover Senior Center 2. $500 from Elizabeth Armstrong to the Fire Department C. Affordable Unit Resale-2 Harvest Drive, Unit 104 (Oakridge Village-Maplewood Reserve) D. 2018 Special Town Meeting Warrant 1. Vote to open the warrant 2. Acceptance of the warrant 3. Vote to close the warrant E. Town Meeting Warrant recommendations F. Vote to authorize Town Manager to resume negotiations with Mass Innovation Works regarding Host Community Agreement VII. OLD BUSINESS VIII. NEW BUSINESS IX. PUBLIC COMMENT X. T A. Job posting/vacancy B. XI. NEXT MEETING DATE Monday, January 22, 2018 XII. ADJOURNMENT 2018 SPECIAL TOWN MEETING WARRANT Special Town Meeting January 30, 2018 7:00 P.M. North Andover High School 430 Osgood Street NORTH ANDOVER CITIZENS The Town of North Andover will take any measure necessary to ensure that any individual with a disability is not excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and/or services. If you need any of the auxiliary aids or services identified in the Meeting, please con978-688-9502. Thank you! If you require handicapped parking access or need special parking arrangements. Voters will be checked in by last name. Each voter will be given a Town Meeting Voting card and will need this card to be able to vote. Individuals will need to be registered to vote by Saturday, January 20, 2018. All voters who have registered to vote as of that date will be eligible to vote at the January 30, 2018, Special Office at 978-688-9502 to verify voter status or request a voter registration form. Non-voters must sign in, display a non-voter pin and sit in the designated section. The Town will make any arrangements available to assist with warrants and participation in our Town Meeting. Please do not hesitate to call the -688-9502 or e-mail (jbradshaw@northandoverma.gov). 2018 SPECIAL TOWN MEETING MESSAGE FROM THE TOWN MODERATOR Dear Neighbors: January 30, 2018 commencing at 7:00PM in the North Andover High School Field House. It is anticipated that there will be greater than normal participation as this special purpose Town Meeting addresses what promises to be an important judgment for the community. Please know it will be my overriding obligation to conduct the meeting in a fair, open and efficient manner. Respectful commentary, questions and presentation are always welcomed. Spirited discussion around any issue is expected even encouraged - when it adds to our collective knowledge base, but not when expressed to create division or exact discord. Intemperate remarks, disrespectful behavior or ill-mannered demonstration will not be tolerated. State law gives the Moderator significant authority to moderate the conduct of the meeting and, as frequent attendees of recent meetings know, I will use that authority to assure a productive and respectful experience for all. I am joined in the effort of planning Special Town Meeting with the Town Clerk, Joyce Bradshaw. We will endeavor, collectively, to assure an experience that affords the type of meeting that North Andover can be proud of, no matter the judgment made by attendees. Accordingly, we have moved the meeting from its more normally comfortable confines of the auditorium to the Field House. We will have professionally provided audio/visual tools as well as resources available for the deaf, hard of hearing, blind and those otherwise physically challenged. Because the High School has limited parking there will be a shuttle bus service from the Middle School and ask that those planning to attend to both carpool and arrive early. We will be expediting the check in process by using technology so that citizens can simply scan no information will be saved. We hope this new service will simplify and speed up the process. For those who wish to avail themselves of the paper check in option, that too will be offered. All usual services and innovations of past Annual Town Meetings will remain, including Child Care provided by the North Andover Community School Program and the remote question participation service for those who cannot attend. The meeting will be live broadcast and live streamed, as well. With the exception of one rule, all others will remain in place. That one exception is the time limit for speakers. In the past I have allowed speakers, other than presenters of articles with preassigned time limitations, up to five (5) minutes to ask questions or otherwise comment on an article. Given the publication of the research effort of the past four Town Meetings by the Town Meeting Statistician, I have decided to limit speaking times to three (3) minutes. The data is clear that citizens use, on average, less than 75 seconds to speak. Given these metrics I am comfortable initiating the new limit. I will remain flexible, given my discretion, to allow additional time if such is appropriate to more properly inform the meeting so it can make the best judgment possible for our community. Active participation in our annual community assembly is a hallmark of Open Town Meeting. The the three simple behaviors below: Petitioners and follow-up speakers who address the meeting should provide only new information in an effort to persuade undecided voters. Continued repetition of previously heard information as a show of support takes time and does little to positively influence the outcome of a vote. Please refrain from unnecessary applause or negative responses during discussions. The most persuasive statements at Town Meeting are often those succinctly stated, disclosing new facts or arguments in an effort to advance a position while retaining the Lastly, please review the Simplified Rules of Parliamentary Procedure, Addendums on Electronic and Visual Presentations, a Glossary of Town Meeting Terms and Participants as well as the Town By-laws that relate to Town Meeting. These rules and other information may be viewed on the at Town Meeting. https://www.northandoverma.gov/town-moderator Town Meeting remains a unique tradition one we continue to evolve in practice and form with each session and initiative we collectively establish. Open Town Meeting remains the most direct and inclusive form of participatory democracy ever employed anywhere on the globe. The opportunity to contribute to this vital community conversation in which free expression of ideas and opinions is celebrated is uniquely protected by your simple presence. I welcome your participation in this most dynamic of civic exercises. Mark S. DiSalvo Town Moderator 179 Coventry Lane mdisalvo@sema4usa.com 978 683-4396 Special Town Meeting Warrant January 30, 2018 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School, 430 Osgood Street, Tuesday, January 30, 2018, at 7:00 PM then and there to act upon the following articles: Article 1: Citizen Petition-Prohibition of Non-Medical Marijuana- General Bylaw. Section that would provide as follows, 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- defined in 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. Or take any action relative thereto. Milton Long, et al. Board of Selectmen Recommendation: Vote Required: Majority vote Article 2: Citizen Petition-Prohibition of Non-Medical Marijuana-Zoning Bylaw. 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- defined in 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. Or take any action relative thereto. Milton Long, et al. Board of Selectmen Recommendation: Planning Board Recommendation: 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. chapter: Chapter 135- Marijuana 1. Prohibition. As authorized by G.L. c. 94G, § 3(a)(2), the Town of North Andover hereby prohibits Marijuana Retailers, including on-site consumption and marijuana special events, and 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, or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Vote Required: Majority vote EXPLANATION: At their meeting on October 30, 2017, the Board of Selectmen unanimously voted to place on the warrant a bylaw that bans retail marijuana establishments and craft cultivation cooperatives from operating in North Andover. In towns where the majority voted against legalization of non-medical marijuana in the November 2016 election, G.L. c. 94G, § 3 authorizes a town to adopt a bylaw that bans or limits non- medical marijuana establishments as defined in M.G.L. chapter 94G, Section 1. A majority vote is required. 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) boundaries of the 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: which relate to or 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 parcels as identified on the FY 2017 Parcels 3, 12, 13, 14, and 17 and 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 as identified on the FY 2017 Assessors Map 77 Parcels 3, 12, 13,14, and 17. 2) The boundaries of Sub district B are shown on the Zoning Map and shall include the parcel as identified on the FY 2017 Asses 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) Allowed Marijuana 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) 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 is licensed to cultivate, obtain, manufacture, process, package and brand marijuana and marijuana products to deliver marijuana to marijuana establishments but not to consumers. 3) 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. 4) 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. 5) 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 including tetrahydrocannabinol as defined in section 1 of (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 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. 6) 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. 7) 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. 8) 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. 9) Marijuana Research Facility: an entity licensed to engage in research projects by the Commission. 10) 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. 11) 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. 12) 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. Marijuana retailer and craft marijuana cultivator cooperative is not an allowed use. 2) Within Sub district B, a medical marijuana treatment center as defined herein, 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: 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 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 Planning Board, 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. A facility licensed by the Commonwealth of Massachusetts as a Medical Marijuana Treatment Center may operate as a Limited Medical Marijuana Treatment Center in Sub-district B. 4) Within Sub-district B, any special permit issued for an AMU for Marijuana Cultivation shall reserve fifteen (15) percent of the gross floor area dedicated to cultivation for Marijuana Research Facility. 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 in which minors commonly congregate. 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 Planning Board 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 requirements meet the best 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 project is designed to minimize the accordance with the current best 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 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. 94C, App.1 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 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. 94C, App.1 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 practices of the industry. 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. 94C, App.1 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 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. 94C, App.1 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 practices of the industry. 8) Construction 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 Management Plan must at least meet the standards set by G.L. c. 94C, App.1, 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 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 property owner and a copy of the lease agreement. The 3) A copy of the provisional, final registration, or license issued by the Commonwealth of Massachusetts for the proposed AMU, to the extent applicable; 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. beyond the perimeter of the 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. 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 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 highways, a traffic impact study shall be filed with MEPA concurrently with the Planning Board review. A copy of the MEPA study shall be filed with the application to the Planning Board. XX. Commonwealth Review: Any information required and submitted to any agency of the Commonwealth, shall be filed with the Planning Board 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. 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 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 SPGA throughout its review. An outside consultant review escrow deposit shall accompany the Application for Special Permit. The escrow for review fees is intended with the Special Permit requirements under this Bylaw, and may 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) The escrow deposit shall be deposited in a special account established by the Town Treasurer pursuant to M.G.L. c. 44, § 53G. Funds from the special account shall be administered in accordance with M.G.L. c. 44, § 53G, and may be expended only for the purposes described above. 8.13.11 Findings of the Planning Board 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: a) The specific site is an appropriate location for such a use, structure or condition; b) The use as developed will not adversely affect the neighborhood; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and; e) The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this bylaw. 2) The following findings are also a prerequisite to the Special Permit Granting Authority 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) 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. 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 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 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 practices of the industry. XXV. The AMU has an appropriate plan for odor control/mitigation which is designed in accordance with the best 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 Planning Board. 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 form that the Planning Board 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 Planning Board may be grounds for denial by the Planning Board. 8.13.13 The Planning Board 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 Planning Board 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: 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) registration by regulatory authority. 11) The permit holder shall notify the Zoning Enforcement Officer and SPGA in writing within 48 hours of the cessation of operation of the AMU or the expiration or 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 st Town Clerk no later than January 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; 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 Planning Board, 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 Planning Board 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 Planning Board 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: Planning Board Recommendation: Vote Required: Two-thirds (2/3) Vote EXPLANATION: Last year, a vote of Annual Town Meeting placed a Temporary Moratorium on Recreational Marijuana Establishments and Retailers until November 30, 2018. This Article creates a Marijuana Overlay District to provide for the siting of specific Allowed Marijuana Uses which relate to or involve marijuana as regulated by General Law chapters 94C, App.1-1, §94I and 94G, and such uses that are ancillary to commercial and medical marijuana and repeals zoning bylaw Section 8.13 Temporary Moratorium on Recreational Marijuana Establishments and Retailers. 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 as: Map 77 Parcels 3, 12, 13, 14 & 17 and Map 34 Parcel 17, as more particularly shown as the which map is on file with the Town Clerk, 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 Northerl- 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 Easterly 2- 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 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 hundredths point; thence N 01° 29' 50" E A distance of two hundred seventy three and seventy nine hundredths N 10° 39' 24" W point; thence 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 point; thence N 38° 19' 04" E feet to a point along Parcel A2 depicted on Plan No. 15933; thence S 13° 44' 46" E feet to a point along Parcel A2 depicted on Plan No. 15933; thence N 76° 15' 22" E Parcel A2 depicted on Plan No. 15933; thence N 47° 22' 18" E A distance of eighteen and fifty four hu along Parcel A2 depicted on Plan No. 15933; thence N 76° 24' 27" E point along Parcel A2 depicted on Plan No. 15933; thence S 13° 44' 46" E A point along Parcel A1 depicted on Plan No. 15933; thence N 76° 15' 14" E point along Parcel A1 depicted on Plan No. 15933; thence S 3° 10' 57" E along the sideline of Osgood Street; thence Southerly To a non-tangent point of curvature with a length of five hundred fifty six and fiftee chord bearing of S 8° 18' 05" E and chord length of five hundred fifty five the sideline of Osgood Street; thence S 13° 25' 11" E feet to a point 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 A distance of four hundred fifty seven and eighty one hundredths Southerly To a non-tangent point of curvature with a length of one hundred seventy of S 2° 08' 50" E and chord length of one hundred seventy five and thence S 1° 12' 38" W A distance of three hundred forty five and twenty four hundredths Said parcel contains an area of 5,181,223 more or less square feet, or 118.94 more or less acres or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two-thirds (2/3) Vote EXPLANATION: This Article proposes to amend the Zoning Map to show the Marijuana Overlay District as presented in the previous Article. 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 and any other Allowed Marijuana Use (the p 34, Parcel 17, commonly referred to as 1600 Osgood Street, North Andover 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 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: Vote Required: Majority vote Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. th Given under our hands this 8 day of January in the year Two Thousand Eighteen. ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ Phil DeCologero, Chairman Richard M. Vaillancourt _____________________________ __________________________ Rosemary Connelly Smedile Regina Kean ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ Chris Nobile SELECTMEN OF NORTH ANDOVER And you are now directed to service this Warrant by posting true and attested copies thereof in the Town Office Building and one public place in each voting precinct in the Town, said copies to be posted not less than fourteen (14) days before the time of said meeting. _________________________________ _____________________________ Constable Date ____________________________________________ A True Copy Attest-Joyce A. Bradshaw, Town Clerk Pursuant to the foregoing warrant, I have warned and notified the inhabitants of the Town of North Andover who are qualified to vote in Town Affairs to be at the time and place for the purpose mentioned within by posting true and attested copies thereof at the Town Office Building and one public place in each voting precinct in the Town at least fourteen (14) days before the date of said meeting. ________________________________ _________________________________ Constable Date Job Posting/Vacancy Log January 3, 2018 Date Position Department Hiring Manager Status Posted 12/7/17 I.T. Systems Information Chris McClure Hired John MacLean effective 1/8/18. Administrator Technology Posted on Town website and social media, advertised in Eagle Tribune on 12/10/17. Posted on Monster.com for 30 days on 12/9/17. 11/27/17 Heavy Motor Public Works Tim Willett Interview held on 12/28/17. Posted on Equipment Town website and social media. Posted Operator with Valleyworks Career Center and Job Quest. 11/21/17 Chief Assessor Assessing Lyne Savage Low resume response. Hired Rena Swezey as Interim effective 1/8/18. Advertised on Ma Municipal Association on 11/26/17, Posted on Ma Association of Assessors on 11/26/17. Posteed on Monster.com and advertised in Eagle Tribune 11/26/17. 11/17/17 Teen Librarian Stevens Kathleen Keenan Hired Marisca Mozeleski effective 1/8/18. Memorial Posted on Town website and social media, Library posted on Merrimack Valley Library Consortium, Simmons College, 10/5/17 Staff Planner Planning Jean Enright Hired Monica Gregoire effective 1/2/18. Final interviews with 2 candidates scheduled with Town Manager Andrew Maylor 11/29 -11/30/17. Second interviews held with Division Director Eric Kfoury on 11/9/17. Interviews scheduled 11/3 11/8. Receiving resumes, identified 5 applicants to interview during the week of 10/30/17. Posted internally and on town social media, Monster.com, will be advertised in the Sunday Eagle Tribune on 10/15/17. 7/17/17 Page Stevens Kathleen Keenan Posted internally and on town social media Memorial and Merrimack Valley Library Consortium. Library