HomeMy WebLinkAbout2018-01-30 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES January 30, 2018
CALL TO ORDER: Chairman Phil DeCologero called the meeting to order at 5:35PM in the North
Andover High School library.
ATTENDANCE: The following were present: Chairman Phil DeCologero, Clerk Regina Kean, Licensing
Chairman, Richard Vaillancourt, Rosemary Smedile, Chris Nobile, Town Manager Andrew Maylor,
Assistant Town Manager Ray Santilli, Executive Assistant, Laurie Burzlaff, and Special Town Counsel,
Lauren Goldberg. Approximately 7 members of the public were in attendance.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Chris Nobile made a MOTION, seconded by Regina Kean, to approve the Open Session Minutes of
January 22, 2018. Vote approved 5-0.
Chris Nobile made a MOTION, seconded by Regina Kean to approve the Executive Session
Minutes of December 4, 2017, as written. Vote approved 5-0.
COMMUNICATIONS AND ANNOUNCEMENTS:
Amended Draft Host Community Agreement with Valley Green Grow, Inc.
Town Manager, Andrew Maylor, reviewed the most recent draft of the agreement. Special Town Counsel,
Lauren Goldberg indicated the agreement is only meant to address medical under 94C and the Board
would need to reach another agreement with regard to non-medical use under 94G. Attorney Goldberg
stated that the agreement is not yet final. They are working on language to add owners of the property as
a party to the agreement. The Board would need to vote on the final version.
CONSENT ITEMS:
Recommendations for Town Meeting warrant articles 4 and 5
Rosemary Smedile made a MOTION that the Board of Selectman recommend unfavorable action on
article 4. There was no second.
Regina Kean made a MOTION, seconded by Chris Nobile, that the Board of Selectmen recommend
favorable action on Article 4. Vote approved 4-0. Ms. Smedile opposed.
Regina Kean made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectman
recommend favorable action on Article 5. Vote approved 4-0. Ms. Smedile opposed.
Discussion and possible vote regarding response if warrant article 1 passes
Chairman DeCologero asked the Board if Article 1 passes do they want to pull article 3. Attorney
Goldberg explained that the Attorney General does not disapprove a bylaw because it may be
inconsistent so both could be approved but there is a question of how to implement.
Regina Kean made a MOTION, seconded by Chris Nobile, that the Board of Selectmen withdraw
Article 3 in the event Article 1 passes. Vote approved 5-0.
PUBLIC COMMENT(taken out of order):
David Torrisi of 67 Settlers Ridge Road asked if the Board would ask the petitioners to withdraw article 6.
Michael Rosen, attorney for the petitioner, stated that they would consider withdrawing if asked.
CONSENT ITEMS (continued):
Vote to recess and reconvene in field house for Special Town Meeting
Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen
recess and reconvene in the held house for Special Town Meeting. Vote approved 5-0.
LICENSING COMMISSIONERS:
None
OLD BUSINESS:
None
Board of Selectmen Minutes January 30, 2018 2
NEW BUSINESS:
None
TOWN MANAGER'S REPORT:
None
ADJOURNMENT:
Richard Vaillancourt made a MOTION, seconded by Regina Kean to adjourn the meeting at
9:35p.m. Vote approved 5-0.
Laurie A. Burzlaff
Executive Assistant
Regina Kean, Clerk of the Board
Documents used at meeting:
Minutes of January 22, 2018
Executive Session Minutes of December 4, 2017
Amended Draft Host Community Agreement
Legal opinions regarding Host Community Agreement
TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Phil DeCologero, Chairman /IIIY�%/ •..
Regina Kean, Clerk „� " TEL. (978)688-9510
Chris Nobile FAX(978) 688-9556
Rosemary Connelly Smedile
Richard Vaillancourt
BOARD OF SELECTMEN& LICENSING COMMISSIONERS
AGENDA
TUESDAY,JANUARY 30,2018
5:30 PM OPEN SESSION
NORTH ANDOVER HIGH SCHOOL LIBRARY
430 Osgood Street
L CALL TO ORDER
IL PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES
A. January 22,2018 Open Session Minutes, as written
B. December 4-2017 Executive Session minutes as written
IV. COMMUNICATIONS AND ANNOUNCEMENTS
A. Amended Draft Host Community Agreement with Valley Green Grow, Inc.
V. CONSENT ITEMS
A. Recommendations for Town Meeting warrant articles 4 and 5
B. Discussion and possible vote regarding response if warrant article 1 passes
C. Vote to recess and reconvene in auditorium for Special Town Meeting
VL LICENSING COMMISSIONERS
VII. OLD BUSINESS
VIII. NEW BUSINESS
IX. PUBLIC COMMENT
X. TOWN MANAGER'S REPORT
XL NEXT MEETING DATE
Monday,February 12,2018
XII. ADJOURNMENT
BOARD OF SELECTMEN MINUTES January 22, 2018
CALL TO ORDER: Chairman Phil DeCologero called the meeting to order at 7:OOPM 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, Town Manager Andrew Maylor,
Assistant Town Manager Ray Santilli, Town Counsel, Suzanne Egan and Executive Assistant, Laurie
Burzlaff. Approximately 50 members of the public were in attendance.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Chris Nobile made a MOTION, seconded by Rosemary Smedile, to approve the Open Session
Minutes of January 8, 2018. Vote approved 5-0.
COMMUNICATIONS AND ANNOUNCEMENTS:
Draft Host Community Agreement with Mass Innovation Works
Town Manager, Andrew Maylor, reviewed the terms of the fsroposed Host Community Agreement
between the Town and Valley Green Grow, Inc. In response to a question from the Board,Attorney Egan
explained that two laws regarding a registered marijuana dispensary currently exist- MGL 94C, which
relates to medical use (enacted 2012) and MGL 94G which relates to recreational use (enacted in 2017).
The contract is falls under the previous law (94C)that does not have restrictions related to a Host
Community Agreement.
Attorney Michael Rosen spoke on behalf of Valley Green Grow and acknowledged that the draft
agreement presented to the Board represents the substantive terms of the agreement. Jeff Goldstein,
President of Valley Green Grow, Inc. acknowledged their agreement to create the North Andover
Community Foundation and committed to funding,the Foundation one million dollars per year for ten
years.
Drummond Playground final design
The Board was given copies of the layout for the new Drummond Playground.
Other communications and announcements
Mr. Maylor indicated that the Department of Public Utilities is having a public hearing on February 13th at
the Middle School regarding National Grid's efforts during the storm in October where 96% of the town
lost power.
Chris Nobile announced that nearly 204 high school students participated in the DECA competition and
81 have qualified for states in Boston.
CONSENT ITEMS:
Accept donation i i the amount of,$250.00 from Elizabeth Armstrong to the Police Department
For the past several years, Elizabeth Armstrong has generously donated to the Police Department.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen accept the donation of$250.00 from Elizabeth Armstrong to the Police Department to
be used for any needed services or materials for the department. Vote approved 5-0.
Appointment of Laurene Belsito as an alternate to the Old Center Historic District Commission
Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen
appoint Laurene Belsito as an alternate to the Old Center Historic District Commission for a term
ending June 30, 2020. Vote approved 5-0.
Accept grant in the amount of$13,155.00 from MA Office on Disability
The Town has received a grant from the Massachusetts Office on Disabilities in the amount of$13,155
which will be used to purchase a braille printer and a FM hearing assistance system to be installed in the
high school auditorium.
Board of Selectmen Minutes January 22, 2018 2
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen accept the grant of$13,155.00 from the Massachusetts Office on Disability. Vote
approved 5-0.
Request from Assistant Town Manager, Ray Santilli, to waive all fees associated with the Kindergarten
Center construction protect
Included in the packet was a request from Assistant Town Manager, Ray Santilli, to waive all fees
associated with the Kindergarten Center construction project. School Building Committee Chairman,
David Torrisi and Assistant Superintendent James Mealey, presented the request.
Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen waive
all fees associated with the Kindergarten Center construction project. Vote approved 5-0.
Chairman DeCologero recused himself and left the room. Mr. Vaillancourt acted as chair.
Request from North Andover Farmers Market Planning Committee to close'First Street from Main Street
to entrance at 15 First Street every Sunday beginning June 17, 2018 throuab October 7, 2018 from
7:OOAM to 3:OOPM
Included in the packet was a request from the North Andover Farmers Market Planning Committee to
close First Street from Main Street to the entrance at 15 First Street from 7:00am until 3:00pm. The
market will be every Sunday from June 17, 2018 through October 7, 2018. All relevant departments have
reviewed and have no issues. Chris Allen and Hillary Stasonis presented the request.
Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
approve the request of the North Andover Farmers Market Planning Committee to close First
Street from Main Street to the entrance at 15 First Streotevery Sunday beginning June 17, 2018
through October 7, 2018 from 7:00am to 3:00pm. Vote approved 4-0.
Chairman DeCologero returned to the room.
Open meeting law complaint from Frank Ragonese
Included in the packet was a memorandum from Town Counsel, Suzanne"Egan, regarding the Open
Meeting Law complaint received on January 8, 2048. The board must vote to allow Attorney Egan to
respond to the complaint.
Regina Kean made a MOTION, seconded by Chris Nobile that the Board of Selectmen authorize
Town Counsel, Suzanne Egan, to provide a written response to Frank Ragonese regarding the
Open Meeting Law Complaint he filed cin January 8; 2018. Vote approved 5-0.
Town Manager's Annual Performance Evaluation
The Town Manager's Employment Agreement includes a provision that the "Board shall review and
evaluate the Manager every,year from the date of appointment." Included in the packet was a summary,
of the respective evaluation findings of the Board, prepared by Chairman DeCologero and Cathy Darby,
Director ofHuman Resources,
Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen
approve Town Manager Andrew Maylor's annual performance evaluation. Vote approved 5-0.
LICENSING COM ISSIONER&
Rosemary Smedile made a MOTION, seconded by Chris Nobile, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
Paul Gallant of Merrimack College requests one day wine and malt licenses for the following events at
Cascia Hall:
1. Liberal Arts Academic Reception on Thursday, February 1, 2018 from 3:30pm-6:30pm
2. Health Sciences Academic Reception on Tuesday, February 13, 2018 from 3:30pm-6:30pm
3. Business Academic Reception on Wednesday, February 28, 2018 from 3:30pm-6:30pm
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen,
acting as Licensing Commissioners, approve the request of Merrimack College for one day wine
and malt licenses for events on February 1, 2018, February 13, 2018, and February 28, 2018, as
presented. Vote approved 5-0.
Board of Selectmen Minutes January 22, 2018 3
Rosemary Smedile made a MOTION, seconded by Phil DeCologero to close a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
OLD BUSINESS:
None
NEW BUSINESS:
None
PUBLIC COMMENT:
Jeff Sheehy of 35 Copley Circle, President of Whittemore Company, read a letter he sent to Dr.
Goldstein.
Justin Shotka of 45 Belmont Street, stated his company is working on a device that identifies impairment
due to marijuana use and voiced his support for the marijuana facility.
Alexander Maribel of 133 Pleasant Street spoke regarding his support for medical marijuana.
Richard Romano of 480 Gray Street spoke in favor of the project and appreciates the work the Board has
done on this issue.
Debbie Hope of 370 Great Pond Road would like to see the building come alive after being vacant for so
long.
Jim Lafond of 329 Osgood Street opposes the project and stated that there is no article prohibiting
cultivation of recreational marijuana. Mr. Lafond also questioned the financial and social cost to the town.
Ed Lynch of 52 Prospect Street stated that people are confused and suggested the Board of Selectmen,
Planning Board and parties on both sides of the issue jointly create an informational document.
Andrew Firman of 5 Crossbow Lane stated he does not agree with the argument that the process has
been rushed as the town has been talking about it for seven months. Mr. Firman also stated it is better to
have marijuana grown in a regulated facility than on the black market.
Charles Trafton of 137 Salem Street, announced he is a member of the Finance Committee and the
OPEB Committee and stated his comments are his and not those of the committees he serves on. Mr.
Trafton stated he has researched the financial impacts and the town needs the additional revenue from
this project to help address the OPEB liability.
Daniel Defillippo of 47 Sutton Hill Roadstated he supports the revitalization of 1600 Osgood.
Cathy Santoro of 8 Millpond stated she is neither for nor against the project and is confused about how
much money the town wilt get and where it will go.
Peter Hall of 191 Kara Drive stated he is concerned with the agreement and doesn't think five million per
year is enough.
Isaac Fram of 101 Millpond stated he supijorts the project.'
Dan Leary of 26 Andover Street and'a member of the development team for 1600 Osgood stated that
they are having,2 more open houses on Wednesday at 7:OOPM and Sunday from 1-3PM.
Donald Stewart of 52 Prospect Street stated that at town meeting residents already have their mind made
up and a speaker will not"change anyone's mind in the 3 minutes they get to speak.
Richard Shaughnessy of 17 Wiley Court stated that he is a tenant at 1600 Osgood and the entire building
will need,tobe rewired which will create ITjobs.
TOWN MANAGER'S REPORT., ..�
Mr. Maylor stated that if the Hast Community Agreement is approved, all funds generated by the
agreement are general fund dollars subject to appropriation at Town Meeting.
ADJOURNMENT:
Chris Nobile made a MOTION, seconded by Richard Vaillancourt to adjourn the meeting at
9:25p.m. Vote approved 5-0.
Laurie A. Burzlaff
Executive Assistant
Regina Kean, Clerk of the Board
Board of Selectmen Minutes January 22, 2018 4
Documents used at meeting:
Minutes of January 8, 2018
Draft Host Community Agreement
Drummond playground design
Donation memorandum
Appointment memorandum
Grant memorandum
Fee waiver request
Farmers market request
Open meeting law complaint
Town Manager's performance evaluation
Merrimack College request
Fire Department Report
Overdose report
Police Report
Job posting/vacancy log
Capital projects report
IT Report
Senior Center report
Building department report
Library report
Textile recycling report
BOARD OF SELECTMEN EXECUTIVE SESSION MINUTES December 4, 2017
EXECUTIVE SESSION: The Executive Session convened at 6:40 p.m.
ATTENDANCE: The following were present: Chairman Phil DeCologero, Clerk Regina Kean, Rosemary
Smedile, Richard Vaillancourt, Chris Nobile, Town Manager Andrew Maylor, Assistant Town Manager
Ray Santilli, Town Counsel Suzanne Egan, Director of Community and Economic Development Eric
Kfoury and Executive Assistant Laurie Burzlaff.
M.G.L.Chapter 30A §21(a)- reason#6 to conduct strategy session to consider the value of property_
1600 Osgood proposed marijuana siting agreement
Town Manager, Andrew Maylor, provided a summary of the terms proposed by Mass Innovation Works
for a commercial/medical marijuana facility at 1600 Osgood Street. The Board discussed waiting on any
agreements as the letter of non-opposition requires selectmen to certify zoning is complete. The Board
agreed that they can negotiate a Host Community Agreement prior to the Annual Town Meeting in May.
The Board agreed that for transparency purposes, the terms of any agreements should be publically
released before any Town Meeting (special or annual) where the zoning could be changed.
ADJOURNMENT:
Richard Vaillancourt made a MOTION, seconded by Chris Nobile, to move out of executive
session and back into open session at 7:30 p.m. Roll call vote: Kean-yes, Nobile-yes, Smedile-
yes, Vaillancourt-yes, DeCologero-yes.
Laurie A. Burzlaff
Executive Assistant
Regina Kean, Clerk of the Board
Documents used at meeting:
Term sheet
December 1, 2O17
Subject:Summary Response to"Term Sheet Response 112117°
Dear Mr. May|or,
A critical objective of the Massachusetts Innovation Works(MIW) is to expeditiously obtain zoning
righ1s,a Letter of Non-Opposition from the Board of Selectmen,and a structured Host Community
Agreement that allows a fair and reasonable financial benefit tothe community,as well as a practical
operating environment for the business. The M|VVhas reviewed your comments dated November I1,
2O17and summarized apathway toproceed below. Please refer tothe term sheet that isattached.
In summary, any agreement made between the MIW and the Town must comply with applicable laws,
including the Act to Ensure Safe Access to Marijuana,signed into law July 1,3017. This |avv places strict
limits on a Town's ability to capture"upside" of a non-retail marijuana establishment. Our legal counsel
has advised of high risk that key terms inthe Town's Response would not comply with the law.
We maintain that reasonable P|LOTsand the Commercial Marijuana Fee are a suitable framework for
long-term scheduled payments. Further, M|VVproposes two additional components asanalternative to
the direct percentage ofrevenue approach suggested bythe Town:
° Innovation Center Reinvestment. Z%ofrevenues from Cultivation Center, upto$IMper year
for 10 years (total investment over 10-year period shall be no less than$20M)to be directly
reinvested in the Innovation Center facilities to build companies and create jobs in North
Andover as well as increased personal and property taxes from the new businesses created in
the Innovation Center.
° Community Fund. 1%of revenues from Cultivation Center to be placed in a mutually agreed
fund to be distributed by an independent board for programs that benefit the community
(capped at$1M per year), including an initial payment of$250,000 as defined in the term sheet.
We invite the town to work with us to establish objectives and bylaws for the North Andover
Community Fund.
This combination of benefits is expected to deliver over$6.8M/yr annual community direct revenue and
defined reinvestment,including anestimated$Z.2Mpermitting fees and initial Community Fund
contribution in 2018.An example breakdown of revenues is found in the attached term sheet. _
Timing and zoning are acritical aspect ofthis proposal, Asexplained innumerous public meetings,the
W4|VVmust befirst tomarket tocapture key advantages. Assuch,this proposal iscontingent on
obtaining a Letter of Non-Opposition from the BoS in 2017 and zoning in January 2018 that allows for a
full, uninterrupted fit-up ofthe cultivation facility. |nsummary,critical timing and zoning constraints
• Non-Opposition Letter.The MIWs DPH license now awaits town support to be ready for the
April I"CCC Priority List deadline. Without this, it is unclear when the RMD license would
convert to Cultivation and Manufacturing Licenses,potentially causing months or over a year
delay in growing the business and revenue to the Town.
• Zoning. Zoning must be in place to prior to the DPH issuance of the Provisional Certificate of
Registration (PCR) (starting point for local permitting).While the DPH process to PCR can
proceed immediately with a Letter of Non-Opposition, it can only conclude with Zoning in place.
• Growth Staging. Zoning and permitting that requires interrupted, limited buildouts of the
facility are impractical from a project financing and constructive perspective since critical
building systems for managing odor,security, and plant health, must be wholly implemented in
order to house even a fraction of the cultivation space. Further, incremental permitting will cost
the Town millions of dollars in lost revenue. The Town can manage odor,security and any other
nuisance concerns with the conditions and administration of the Special Permitting process
without any need to handicap the project or Town revenue.
We look forward to discussing the details of the agreement and would be happy to answer any
questions about the critical timing objectives at your earliest availability.
Sincerely,
Orit and Jeff Goldstein
Attached: "ToNA and MIW Term Sheet, Rev2"
2
Revision 2
Key Elements of the Massachusetts Innovation Works(MIW)and Town of North Andover Agreement
Host 0 Party: [MIW and Affiliated Licensees]
Community 0 BoS issues Letter of Non-Opposition to DPH with respect to the entire property
Agreement running to Valley Green Grow, Inc.or its assigns in 2017
(HCA) 9 No MIW or Affiliate Retail License in North Andover
9 No Town Municipal Water for irrigating plants
............................... ......................I...................................................
Zoning 9 Zoning does not restrict staging of the project. it is the intent of the developer
to apply for a single Special Permit for Cannabis cultivation and manufacturing
and construct the full 1.11VISF cultivation space in 2018
0 Zoning is favorably adopted in January 2018 that includes Cultivation,
Manufacturing, Laboratory and R&D Allowed Marijuana Uses (AMUs)
............................. .............
Commercial 0 Party: [MIW and its Affiliated Licensees]
Marijuana Fee 9 Commercial Marijuana Fee of$395,000 per annum, paid quarterly at a rate of
$98,750 for 40 consecutive quarters commencing on first day of first full
calendar quarter subsequent to the issuance of the Certificate of Occupancy to
first licensee on property holding special permit issued by Town under Article
8.14 of the North Andover Bylaws,subject to regulatory compliance
0 Based on the entire 169-acre parcel and the approximate pro rata share of
commercially developed space for public safety and services budget
0 Future licensees or changes in licensees shall not incur additional fees
0 Payments shall toll if licensed operations are delayed or suspended in excess
of 90 days
Property 0 Party: [MIW]
Improvement 0 Covers all new and existing infrastructure, improvements,and ancillary
PILOT property necessary for BLDG 30 repurposing to indoor agriculture
0 Assumes$100M CAPEX in new Furniture, Fixtures,and Equipment(FF&E)and
$50M in repurposed FF&E.At current tax rate of$20.45, provides an effective
yield of$2.79/sf for 1.11VISF over 10-years with no depreciation
0 Term is 10 years, paid in 40 consecutive quarters
0 Payments commencing on the first day of the first full calendar quarter
subsequent to issuance of cannabis related Certificate of Occupancy from
Town to first licensee on property holding special permit issued by Town under
Article 8.14 of the North Andover Bylaws
0 PILOT covers Project CAPER improvements and FF&E,and does not disturb any
other agreements in place with respect to taxation of other real and personal
property on site. Enhanced value to BLDG 30 captured by PILOT is not subject
to increased real estate tax assessment
0 Payments shall toll if licensed operations are delayed or suspended in excess
of 90 days
.......... ..........
Combined Heat * Party: [CHP Special Purpose Entity(SPE)Owner]
and Power 0 Covers value of CHP Project
(CHP) PILOT 0 Payment of$10,000 per MW per annum, of nameplate capacity of project
................................. ........ .....................
December 1,2017
........... ............. ............. ........................... ............. ................................
• Term is 10 years, paid in 40 consecutive quarters,commencing on the first day
of the first full calendar quarter subsequent to the issuance of the Certificate
of occupancy for the CHP project
• PILOT covers CHP (including real and personal property and related
infrastructure),and does not disturb any other agreements in place with
respect to taxation of other real and personal property on site
• Payments shall toll if licensed operations are delayed or suspended in excess
of 90 days
.....................
Property Tax 0 Party: 1600 Osgood Street, LLC
Assessment 0 Property Tax Assessment excludes all PILOT Property(representative listing of
excluded property shall be set out in Exhibit to Agreements) and associated
rental income
0 All DPH/CCC licensed space in BLDG 30 shall be considered included in PILOT
and shall not increase the underlying baseline property tax assessment.
.............................----------- ......property ....... .. .............
40R 0 Party: 1600 Osgood Street, LLC
Indemnification 9 1600 Osgood Street, LLC indemnifies the Town of North Andover for any
potential repayment of the Commonwealth of Massachusetts 40R Grant
(Appx. $600,000)
.................................................
Innovation 0 2%of revenues from Cultivation Center will be directly reinvested in the
Center Facilities Innovation Center as capital investment that will create employment
Reinvestment opportunities in North Andover, up to$2M per year for 10 years.Total
investment over 10.-year period shall be no less than$20M.
..................... ........................... ..................................
Community 0 1%of revenues from Cultivation Center to be placed in a mutually agreed fund
Fund to be distributed by an independent board,capped at$1M per year for 10
years, payable quarterly on the same schedule as the PILOTS
0 Distributions in the form of grants to community non-profits that serve a
defined 501(c)3 purpose for benefiting the North Andover community.
0 $250,000 to be pre-funded the day after approval of the Commercial
Marijuana Zoning Bylaw at a special town meeting in January 2018
Example: Full Item Estimated Estimated Annual
Buildout Project Initial Revenue and
1,100,000 sf Fees and Reinvestment
Cultivation and __ Contribution
...........
Manufacturing Property Tax $ 372,000*
with 37.5 MW ...........
CHP Building Permit Fees(improvements, $ 1,300,000
based on actual costs
.................................. ............I.............
Building Permit Fees (CHP, based on $ 650,000
actual costs)
.......................
Commercial Marijuana Fee 395,000
Property Improvement PILOT $3,067,500
...............
CHP PILOT 375,000
Community Fund $ 250,000 $ 1,000,000
........... ...... ..............................................
Total Initial Fees and Foundation $2,200,000
Contribution
December 1,2.017
Total Annual Direct Revenue to $4,837,500
Community
Additional Reinvestment in Innovation $ 2,000,000
Center Facilities
Total Annual Community Direct $6,837,500*
Revenue and Defined Reinvestment
*Future This
new growth bnot included\nthis table because hisunknown a¢this time.
December 1'»ozr
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Planning Board Report
Special Town Meeting
January 30, 2018
Planning Board Report
Special Town Meeting January 30, 2018
Article 2: Citizen Petition-Prohibition of Non-Medical Mariivana-Zoning Bylaw.
To see if the Town will vote to amend the Town's Zoning Bylaw by adding a new Section
that would provide as follows, and further to amend the Table of Contents to add said Section.
Section 4.4 Prohibited Uses
The following uses are prohibited within all zoning districts of the Town:
1. Marijuana Establishments
Consistent with G.L. c.94G, § 3(a)(2), all types of non-medical "marijuana establishments" as
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: Unfavorable action
Planning Board Recommendation: Unfavorable action
Vote Required: Two-thirds (2/3)vote
Position Statement of Planning Board Maiority Vote
Article 2
A"YES" vote will completely prohibit all non-medical marijuana establishments in North
Andover.
Reasons for Unfavorable Recommendation. The Planning Board recommends unfavorable
action on Article 2. Article 2 bans land uses that are lawful in Massachusetts. The Planning
Board believes that a complete ban is unwarranted where a thoughtful and complete bylaw has
been drafted by the Town to address community concerns about marijuana establishments within
the Town. A complete ban is not good land use policy where commercial and medical marijuana
establishments can be properly regulated through the state's regulatory procedure, the bylaw
2
Planning Board Report
Special Town Meeting January 30, 2018
proposed in Article 4, and the Town's special permit process. The Planning Board believes that
the proposed bylaw in Article 4 balances a landowner's right to use its property as the landowner
sees fit with the impact that such use could have on the community and environment.
Position Statement of Planning Board Minority Vote
Article 2
A "YES" vote will prohibit all non-medical marijuana establishments in North Andover
including cultivation and retail sales. A "YES" vote will retain the status quo in which only
Medical Marijuana facilities of no more than 20,000 square feet are allowed.
Reasons for Favorable Recommendation: The minority position of the Planning Board
recommends favorable action on Article 2. Under state law communities have the right to
prohibit all recreational marijuana uses based on a Town Meeting vote. In fact many
communities similar to North Andover have already approved such articles. Zoning restrictions
of this type are not unusually harsh, illegal or uncommon in municipalities across the state. This
article would prohibit construction of the largest indoor recreational marijuana cultivation
facility in the world (which Article 4 would allow) and would eliminate all the attendant risks
and adverse impacts associated with such a project.
3
Planning Board Report
Special Town Meeting January 30, 2018
Article 4: Amend the Town of North Andover Zoning Bylaw- To Replace Section 8.13-
Temporary Moratorium on Recreational Mariivana Establishments with Section 8.13-
Mariivana 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) The Marijuana Overlay District ("MOD") is established as an overlay district. The
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: To provide for the siting of specific Allowed Marijuana Uses ("AMU") ,
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
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Planning Board Report
Special Town Meeting January 30, 2018
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 Assessor's Zoning Map: Map 77
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 Assessors' Map 34, Parcel 17.
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.
) Allowed Marijuana Use ("AMU"): 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,.,,
Best Man �muroemmt ractmc s tI L)r�tctices ol-the irridttstt :,..uuI n :]i fluura Qr pi ur�r„i
ulidlcc for C�L�!ILII� glcB mauraggmepl:_Wl�i at address the best )ractces as it
relates to a inaa° w.
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
structure as determined by the Cannabis Control Commission ("Commission") and
that is licensed to cultivate, obtain, manufacture,process,package and brand
marijuana and marijuana products to deliver marijuana to marijuana establishments
but not to consumers.
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Planning Board Report
Special Town Meeting January 30, 2018
` 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--)f 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 chapter 94C; provided that"Marijuana" shall not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of
the plant or the sterilized 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.
(�)) 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
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Planning Board Report
Special Town Meeting January 30, 2018
purposes of this section 8.13, a marijuana establishment shall not include a marijuana
retailer or a craft marijuana cultivator cooperative.
,;)2, 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))Q Marijuana Research Facility: an entity licensed to engage in research projects
by the Commission.
�,...:!„. 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.
I-)�2) 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.
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. 4« iju .rjt :� el. ........ y ...not.......
2) Within Sub district B, a medical marijuana treatment centeris a
prohibited use.
8.13.6 Permitted Uses:
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Special Town Meeting January 30, 2018
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.,,,(tLie"S:I?GA."`.: 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 dlaaa„I[ (�A, 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.
.................A., Limited Medical Marijuana Treatment Center is an allowed use in Sub- district B.,.
ba;�t tiot iti `a:jb...disti.jct A..
..................................................................................................................................................................
A.Medic I M�t;ai uarrua Treatinew Cerruter is arra allowed apse irru Sub district A .la ° . :y
a , a.....l,iii a '.
P”
4--)f Within Sub-district B, any special permit issued for an AMU for Marijuana
f° r11 lc asl: Crl.E.��l.al to fifteen (15) percent of the gross
Cultivation shall reserve, Gaut �ai�.���......�..p......." .......... �.... ........,
floor area dedicated to cultivation for Marijuana Research Facility ficfl s�lic:l space sV1,11I
u'Iol be �IsccB.. "rru° raur; rr�l� i�°la�aiu°ar .
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;
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Planning Board Report
Special Town Meeting January 30, 2018
c) Library;
d) Playground;
e) Public Park;
f) Youth center;
g) Public swimming pool;
h) Video arcade facility; or
i) Similar facility.._ .e: ... .
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 1 „II (�: .: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,
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Planning Board Report
Special Town Meeting January 30, 2018
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
project's impact on the public water supply and whether the project is designed in
accordance with the current best nMur.
I g gIII g'fl 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. .44--(=_-A)p4-2. „( and any
further regulations established by the Town which shall be no less restrictive than those
promulgated by the general laws and regulations. The Planning Board may employ a
third party consultant to review the proposed policies and procedures regarding the
transfer of marijuana to evaluate whether the policies and procedures are appropriate
for the AMU and are designed in accordance with -best aunrrugaru 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. .'44--(;;
Al. l-2.j..sand 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
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Planning Board Report
Special Town Meeting January 30, 2018
procedures regarding the transfer of marijuana to evaluate whether the policies and
procedures are appropriate for the AMU and are designed in accordance with 4W best
utnutg ,au, nu;,,,,,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. 94 Al l." G 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 uri D.a.MM, r ;,,,,.practices of the industry.
7) An Odor Analysis and Report. A detailed analysis as to how the project meets the odor
control standards as required by the State regulatory authority which complies with the
regulations promulgated pursuant to G. L. c. 94I and 94G and any other laws or
regulations promulgated regarding commercial or medical marijuana. Policies and
procedures for Odor Control must at least meet the standards set by G.L. c. 94G...alld
a egaj.Iqtions )roinu.I fated tlicrcu.ridcr(=. --,kpp4 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
aI �� ��� �! practices of the industry.
8) Construction t ic
accordance with the bet 8)
Management Plan. A plan which sets out the
� : II��
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 y ��n � u ru Management Plan must at least
s
meet the standards set by
e 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 a;u.„afIa,,�t
practices of the industry.
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Planning Board Report
Special Town Meeting January 30, 2018
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
term "site" shall have the same meaning as lot,plot or parcel;
3) A copy of the provisional, final registration, or license issued by the Commonwealth
of Massachusetts for the proposed AMU, to the extent applicable;
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:
L 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.
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Planning Board Report
Special Town Meeting January 30, 2018
IL 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. Existing topography fifty feet
(50')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
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Planning Board Report
Special Town Meeting January 30, 2018
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
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Planning Board Report
Special Town Meeting January 30, 2018
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
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Planning Board Report
Special Town Meeting January 30, 2018
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 GA. review.
.
A copy of the MEPA study shall be filed with the application to the
XX. Commonwealth Review: Any information required and submitted to
any agency of the Commonwealth, shall be filed with the .1.�.
11�GA.:upon the initial submission of the project for Board
review.
XXL Utilities: All utilities, including water line locations, sewer line
locations and profiles, and storm drainage systems.
XXIL 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.
XXHI 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.
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Planning Board Report
Special Town Meeting January 30, 2018
11V Waiver: Wbefi ifi the o 7ifiiofi of the .IPGA the altea atior�
a ecotista uctlofi of afi existing sta�et�a e oa r�ew use Q dh.m.� e ire use will
13ol...bave sib}r lfimit jamaet both wltl lr� tl e site ar�d ire aelatlor� to
ad° ties afid streets or�.....edestalari ari.:l vehicular taaf ic..
public services and info astructu�e: en�vi�on�znental unL.. ue annd historic
..... ..... ........ .......... .:...... - :.... -....... p ......... p.
res o urces..
may deta�n�r�e that subznlssic�r� of orae oa moae oftb ... l7plictlor�
filjrrIg a exp la em�rr�ts zn be valved...
wr
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 Io°be substantially affected
by on-site changes;
8) Adequacy as to the arrangement and the number of parking and loading spaces in
relation to the proposed use of the premises, including designated parking for home
delivery vehicle(s), as applicable;
9) Design and appearance of proposed buildings, structures, freestanding signs, screening
and landscaping;
10)The SPGA shall refer copies of the application to the Building Department, Fire
Department, Police Department, Board of Health, the Conservation Commission, and
the Department of Public Works. These boards/departments shall review the
application and shall submit their written recommendations. Failure to make
recommendations within 35 days of referral of the application shall be deemed lack of
opposition;
11) Outside Consultants and Review Fees: The SPGA may retain third party consultant to
review the applicant's submittals and provide advice and technical assistance to the
SPGA throughout its review. An outside consultant review escrow deposit shall
accompany the Application for Special Permit. The escrow for review fees is intended
to cover the SPGA's cost of hiring consultants to review the Applicant's compliance
17
Planning Board Report
Special Town Meeting January 30, 2018
with the Special Permit requirements under this Bylaw, and may include legal
counsel. The initial escrow deposit amount shall beset 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.)Arru a lieatioti for arca A.M1J shall be deemed to satisf' the re c uiremetas for a `site][hart
lReview as described iti Seetioti 8.3.
.............................................................................................................................................................................................................................................
l 2+-Th i=ew eleposi ' d -1- leposi..:ted i-t aItVt.. ,' d:hl
T s `. ,. ` Fain ..
adD -k ........_ k :r.
:�A
8.13.11 Finding SPsof the ............................................
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; nod..Y.
...
.............. e0+4400-........... fid'"e .d'" a •..' ➢.::.
,
.........................
o1....-di . ' '.
.:..:dii-y..... z.l.a ,,..a
2) The following w - ffir !i g,5 are also a prerequisite to the S IIIG.A
c" 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) 1N „ a„ 211l)lieable, The AMU meets the following requirements:
18
Planning Board Report
Special Town Meeting January 30, 2018
L Abutting properties are protected from detrimental site
characteristics.
IL 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.
19
Planning Board Report
Special Town Meeting January 30, 2018
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 bestiaru„aau„ ru practices of the industry.
XXL The AMU has an appropriate plan for security which is designed in
accordance with the best practices of the industry.
XXIL The AMU has an appropriate plan for the transfer of marijuana
which is designed in accordance with the best.ip4p.a.. cau crus
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.
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Planning Board Report
Special Town Meeting January 30, 2018
XXIV. The AMU has an appropriate plan for energy and environmental
impact which is designed in accordance with the best a..afi,g ml n
practices of the industry.
XXV. The AMU has an appropriate plan for odor control/mitigation
which is designed in accordance with the best in.A..Ra. cau crus
practices of the industry.
XXVL 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
11))GA„14-at�ug aT . 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 14 atmi4ig aT4S.1l QA 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 . may be grounds for denial by the
4ffn 4it-BSS 1)GA..
8.13.13 The .1.�.��� ' � _ �� �.�°.: ,;If�.(�.��.A..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 dmay 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
21
Planning Board Report
Special Town Meeting January 30, 2018
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
22
Planning Board Report
Special Town Meeting January 30, 2018
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)The special permit shall lapse upon the expiration or termination of the applicant's
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
termination of the permit holder's registration with the state regulatory authority.
8.13.16 ,,,,,Annual Reporting: Each AMU permitted under this Bylaw shall, as a condition of its
special permit, file an annual report with the Special Permit Granting Authority and the
Town Clerk no later than January 31st, 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
23
Planning Board Report
Special Town Meeting January 30, 2018
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 :14ftxffli41g
,IIS(A.. 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 14 atmi4ig 1[1G:A 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 P.1. ~ „II�(�A. 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.
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Planning Board Report
Special Town Meeting January 30, 2018
8.13.23 Severability: The provisions of this Bylaw are severable. If any provision,paragraph,
sentence, or clause of this Bylaw or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this Bylaw.
Or to take any other action relative thereto.
Planning Board
Board of Selectmen Recommendation: To be made at Town Meeting
Planning Board Recommendation: Favorable action
Vote Required: Two-thirds (2/3) Vote
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.I-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.
Position Statement of the Planning Board Maiority Vote
Article 4
A"YES" vote means that the temporary moratorium on marijuana businesses will expire. A
"YES" vote means that a bylaw written by the Town will come into effect and will set guidelines
for businesses that wish to apply for a special permit for cultivation, manufacturing and research
of marijuana in the Town. A"YES" vote will impose requirements specific to concerns related
to the marijuana industry for any applicant seeking a special permit for a marijuana facility, and
these requirements are more stringent than those in the existing Town bylaws for special permits
and site plan review. A"YES" vote will require any marijuana cultivation business located
at 1600 ()s ood StEto reserve at least 15% of its business area for research. A "YES" vote
es not approve any proposed project. A"YES" vote will not allow retail marijuana to be sold
25
Planning Board Report
Special Town Meeting January 30, 2018
in Town. A"YES" vote will prohibit any dispensing or sale of medical and/or retail marijuana
at b 600 ()S ood S1E° .
Reasons for Favorable Recommendation. The Planning Board recommends favorable action
on Article 4. The Planning Board began drafting this proposed bylaw in June of 2017 and has
worked on it at almost every meeting thereafter. The Board reviewed information and data from
other towns, cities, and states that have legalized commercial marijuana, reviewed the laws
enacted in Massachusetts and the regulations proposed for commercial and medical marijuana,
and asked detailed questions of the owners of 1600 (sgggd S Egg° t about their potential facility.
As a result of this robust process, the Planning Board drafted a bylaw that will protect the
interests of the Town while still allowing a specific legal land use that could have a significantly
positive impact on the community.
Position Statement of the Planning Board Minority Vote
Article 4
A "YES" vote means that North Andover will have approved zoning that will allow the largest
indoor recreational marijuana cultivation facility in the world(over 1,000,000 square feet). A
"YES" vote does not guarantee a specific amount of financial contribution or a set period of
payments for any recreational marijuana cultivation facility. A "YES" vote merely reserves up
to 15% of the business area for research but does not require that this space be operational
within a set period. A "NO" vote maintains the zoning status quo in which only Medical
Marijuana facilities of no more than 20,000 square feet are allowed and maintains the temporary
moratorium on recreational marijuana businesses.
Reasons for Unfavorable Recommendation: The minority position of the Planning Board
recommends unfavorable action on Article 4 as the proposed benefits do not exceed the known
risks. Development of the largest indoor recreational marijuana cultivation facility in the world
will seriously diminish the character and reputation of the Town. The implied revenue stream
associated with the 1600 Osgood project is highly speculative, not guaranteed and subject to
reductions and delays based on a wide variety of external factors. The state regulatory
environment is uncertain and regulation changes could impact projects in ways not currently
foreseen. Similarly the emerging changes in federal policy could have a chilling impact on the
financing and success of any project. The technical and business risks associated with the 1600
Osgood project are enormous as marijuana cultivation on this scale has never been
attempted. Finally the Planning Board had strongly recommended that this article be brought to
the annual town meeting in May in order to provide adequate time to educate the community and
to solicit feedback. Acceleration of the schedule to a special town meeting in January eliminates
this prudent review step.
26
Planning Board Report
Special Town Meeting January 30, 2018
Article 5: Amend Zoning Map —Mariivana Overlay District (MOD). To see if the town will
vote to amend the Zoning Map for the Town of North Andover to zone the following parcels of
land to be included within the Marijuana Overlay District, identified on the 2017 Assessor's Maps
as: Map 77 Parcels 3, 12, 13, 14 & 17 and Map 34 Parcel 17, as more particularly shown as the
shaded area depicted on the map entitled"Marijuana Overlay District", dated December 28, 2017,
which map is on file with the Town Clerk,
MOD Sub district A
Map 77 Parcel 13
Northerly 100' +/-by Holt Road
Easterly 370' +/-by Lot 4
Southerly 130' +/-by Parcel 3
Westerly 400' +/-by Clark Street
Map 77 Parcel 14
Northerly 245' +-by Holt Road
Easterly 330' +/-by Lot 3
Southerly 250" +/-by Parcel 3
Westerly 370' +/-by Lot 7
Map 77 Parcel 3
Northerly by 410' +/-by Lots 3, 4, and 7
Easterly 250' +/-by City of Lawrence Airport Commission
Southerly 465 +/-by City of Lawrence Airport Commission
Westerly 460' +/-by Clark Street
Map 77 Parcel 12 (3 sided lot)
Northerly 410" +/-by Parcel 17
Easterly 270' +/-by Clark Street
Southerly 285' +/-by City of Lawrence Airport Commission
Map 77 Parcel 17
Northerly 120' +/-by City of Lawrence Airport Commission
Easterly 210" +/-by Clark Street
Southerly 410" +/-by Parcel 12
Westerly 590'+\-by City of Lawrence Airport Commission
27
Planning Board Report
Special Town Meeting January 30, 2018
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 680 33' 06" W A distance of one thousand four hundred eighty one and eighty four
hundredths (1481.84) feet to a point; thence
N 620 12' 02" W A distance of seven hundred fifty eight and ninety eight hundredths
(758.98') feet to a point; thence
N 430 50' 05" W A distance of one hundred seventy and five hundredths (170.05')feet to a
point; thence
N 010 29' 50" E A distance of two hundred seventy three and seventy nine hundredths
(273.79')feet to a point; thence
N 100 39' 24" W A distance of sixty nine and ninety eight hundredths (69.98')feet to a
point; thence
N 230 50' 40" W A distance of one thousand three and eighty hundredths (1003.80') feet to
a point; thence
N 380 19' 04" E A distance of seven hundred forty and ninety hundredths (740.90') feet to
a point; thence
N 430 10' 35" E A distance of one hundred and thirty six hundredths (100.36') feet to a
point; thence
N 370 10' 20" E A distance of one hundred and two hundredths (100.02') feet to a point;
thence
28
Planning Board Report
Special Town Meeting January 30, 2018
N 340 35' 56" E A distance of one hundred and twenty one hundredths (100.21')feet to a
point; thence
N 380 19' 04" E A distance of three hundred thirty seven and sixteen hundredths (337.16')
feet to a point along Parcel A2 depicted on Plan No. 15933; thence
S 130 44' 46" E A distance of one hundred forty four and sixty four hundredths (144.64')
feet to a point along Parcel A2 depicted on Plan No. 15933; thence
N 760 15' 22" E A distance of sixty six and six hundredths (66.06')feet to a point along
Parcel A2 depicted on Plan No. 15933; thence
N 470 22' 18" E A distance of eighteen and fifty four hundredths (18.54')feet to a point
along Parcel A2 depicted on Plan No. 15933; thence
N 760 24' 27" E A distance of three hundred three and no hundredths (303.00')feet to a
point along Parcel A2 depicted on Plan No. 15933; thence
S 130 44' 46" E A distance of two hundred eighty and forty hundredths (280.40')feet to a
point along Parcel Al depicted on Plan No. 15933; thence
N 760 15' 14" E A distance of nine hundred fifty five and no hundredths (955.00')feet to a
point along Parcel Al depicted on Plan No. 15933; thence
S 30 10' 57" E A distance of forty four and sixty nine hundredths (44.69')feet to a point
along the sideline of Osgood Street; thence
Southerly To a non-tangent point of curvature with a length of five hundred fifty six
and fifteen hundredths (556.15')feet and a radius of three thousand one
hundred twelve and fifty seven hundredths (3112.57')feet to a point; a
chord bearing of S 80 18' 05" E and chord length of five hundred fifty five
and forty one hundredths (555.41')feet along the sideline of Osgood
Street; thence
S 130 25' 11" E A distance of six hundred forty four and twenty two hundredths (644.22')
feet to a point along the sideline of Osgood Street; thence
S 760 23' 08" W A distance of fifteen and ten hundredths (15.10') feet to a point along the
sideline of Osgood Street; thence
29
Planning Board Report
Special Town Meeting January 30, 2018
S 130 36' 52" E A distance of four hundred fifty seven and eighty one hundredths
(457.81')feet to a point along the sideline of Osgood Street; thence
Southerly To a non-tangent point of curvature with a length of one hundred seventy
five and eighty one hundredths (175.81')feet and a radius of one thousand
five hundred and no hundredths (1500.00')feet to a point; a chord bearing
of S 20 08' 50" E and chord length of one hundred seventy five and
seventy one hundredths (175.71') feet along the sideline of Osgood Street;
thence
S 10 12' 38" W A distance of three hundred forty five and twenty four hundredths
(345.24')feet to the point of beginning
Said parcel contains an area of 5,181,223 more or less square feet, or 118.94 more or less acres
30
Planning Board Report
Special Town Meeting January 30, 2018
T�W_ ... -�.... .. �i i.��l t -�.._.. .---------.� rriber 28, __.......
77LJ
�
i
w
° .�
�° �
�i6
i
r
ti
q
;X"
w � r
4
ow k of r
� I
Or to take any other action relative thereto.
Planning Board
Board of Selectmen Recommendation: To be made at Town Meeting
Planning Board Recommendation: Favorable action
Vote Required: Two-thirds 2/3 Vote
EXPLANATION: This Article proposes to amend the Zoning Map to show the Marijuana
Overlay District as presented in the previous Article.
31
Formatted:Bottom: 1"
THIS HOST COMMUNITY AGREEMENT("AGREEMENT")is entered into this
day of 2018 by and between Valley Green Grow,Inc.a Massachusetts not-for-profit
corporation with a principal office address of 1600 Osgood Street,North Andover,MA 01845
("VGG")and 1600 Osgood,LLC,with a principal office address of 1600 Osgood Street,North
Andover,MA 01845("1600 Osgood")and the Town of North Andover,(the"Town")a
Massachusetts municipal corporation with a principal address of 120 Main Street,North
Andover,MA 01845.
WHEREAS,VGG has filed applications with the Massachusetts Department of Public
Health for license .to operate one om nlltome egistered marijuana dispensarllc�.�(`°RMD")for the — Deleted: a
cultivation,processing and dispensing of marijuana in accordance with the regulations issued by Deleted:a
the Commonwealth of Massachusetts. Deleted:y
W Q 1I;R1..A...S..,.VGG and the Town agree that this Agreement is controlled by G.L.c.94C,
App. 1 and the regulations promulgated thereunder and therefore that no limits exist with respect
to the Parties'ability to agree to,be bound by,and enforce the terms of this Agreement.
WHEREAS,VGG wishes to operate a 1.1 million square foot marijuana cultivation
aab,Gl;,,gfmocesslfb facility in Building 30[and a small portion of Building 70 to be redesignated
as part of at 1600 Osgood Street,North Andover as a component of an RMD — Deleted:LDG
12'.1.1.1Cr .V..(l l✓lll7.....
). —
W Q,I L RE.A...`�..,.VGG is negotiating with other municipalities to host the dispensary
facilities under three additional RMD applications and has no intention to operate the retail
component of any RMD or a Marijuana Retailer in North Andover.
WHEREAS,VGG requires a letter of support or non-opposition from the Board of
Selectmen in order to obtain a RMD license from the Department of Public Health.
WHEREAS,VGG intends to provide certain benefits to the Town in the event that it
is licensed to operate an RMDJand_receives_all required local approvals; - commented[LFG1]:ivh Rosen and agreed t"refer
consistently to the term RMD,rather than using what might be
viewed as confusing and inconsistent nomenclature.
NOW THEREFORE,in consideration of the mutual promises and covenants set forth �Deleted:cnitivation,fiul ty
herein,and other good and valuable consideration,the receipt and sufficiency of which are
hereby acknowledged,VGG and the Town agree as follows:
1 Ffils A reelll-mi sll'lla,ll be eiff,orceable„_as of tll'lle date of,_execuf joil.....VGG shall pay
to the Town the sum of Five Million and 00/100 Dollars($5,000,000.00)
annually,10,-��e,..paid quarterly($1,250,000.00 per quarter)for 80 quarters
commencing on the first day of the first full calendar quarter month after the first
certificate of occupancy is issuedby_ N.Lmd.11 �ffdovem gd G'emll1n1.:..CpmafftnIllg
�t.U.f1:�ll0IC.Ill;�for any part Of the,�w.MI. �"11'Byirient�..,61irlirie�mG,4.,ICll`Vw.,It l�BV.w.,"�. � Deleted:marijuana cultivation facility
2. The Town through its Board of Selectmen will issue a letter of non-opposition to
VGG stating that it does not oppose the location of the Building 30 and 70,for a
1.1 million square foot LMD with no dispensing at 1600 Osgood Street. Deleted.cultivation facility
3. VGG :rmeers n1 shall seek a special permit from the North Andover Special Permit
Granting Authority for a 1.1 million square foot,and no less or more,RMD, n Deleted: facility
Deleted:VGG's obligation to pay ripens upon the grant of
t' the s ecial ermit.
4 1f 1A➢t �p�cfla� G�mnuflt CpmaufltflIlfl r ➢fl1uom➢1 :rmaabt�y a y�ec➢a� ger➢�1fl1 lum1llue 1➢fl�l 1.1 p p
rrif loll y( imar fool Q�.V.IV) E-1m1 a➢➢(SCCA➢)a➢➢cy 1)C.II'➢➢7➢1 fs`ifies for a➢➢ wrtfort Deleted:The payment schedule begins upon grant ofa
1l➢cre�ul,llllle t➢➢�� sill➢llAAa��)ay➢"neflfll Ui a live�GA��A011ll Q) ��a) ➢"neIlA1 �)�➢.;a1:➢ ill fs�lla�� certificate of occupancy for any portion ofthemamuana
... ..... Y 1� cultivation facility.
t)e 1„➢r reme(:fl aflfl(:fl )a ➢ ..wA��ire(:flue ire r➢llIl➢llAAll r oflfl 1:he 0�yAu�,flfl1.:
.0o,tlli➢flieflflc npiel]..l„-2g1e.,, Ifthe Special Permit Granting Authority issues apermit
for a,RMD facility that is less than 1.1 million square feet,then the annual Deleted:n
payment of Five Million Q)o..aar..($5,000,000.00),,shall be reduced by a Deleted:Dollars
proportionate amount Any sufllr yt queIlb1;...increase in the size of the; o G Q).shall —[ Deleted:cultivation facili y
increase the annual payment proportionately up to Five Million Dollars.
Payment shall be pro-rated each quarter until VGG achieves maximum approval
for 1.1 million square feet of 1]1 V G.G Q�M Q) Deleted.cultivation
5. The provisions of this Agreement shall be applicable dor a lrettiod oC kweruky(20) — Formatted:Highlight
eaIl"5_154➢➢:ph Q�OC.)(�a ➢:1'➢.Cl➢k,�,<D➢;1'➢.mCl"➢Q,C➢;1'➢.Cl➢k 1�a.Qe,t%i➢�C.yy..E 2x1. ifded➢➢➢acco,II'(allcC.' _ Formatted:Highlight
wIl11.11 IL2Vfsfoifs,ol �'Sectfon 9 ofthis/'t 4r errjent. "Term" as long as VGG -Formatted:Highlight
operates a RMD jn the Town,as described herein,and regardless of how such Deleted.cultivation facility
facility may be characterized under applicable law,and shall survive the
conversion to or addition of any other marijuana-related activity licensed by the
Department of Public Health("DPH")or Cannabis Control Commission
("CCC")or any other state entity at 1600 Osgood Street,North Andover,
Massachusetts including but not limited to each of those Allowable Marijuana
Uses("AMUs")provided for in Section3 1 3.4 of the Town of North Andover Deleted:
Zoning Bylaws,adopted as of January 30,2018,,,...fLaab.X. If VGG converts to a
for-profit organization or seeks a license from the DPH,CCC or any other state
entity for any other marijuana-related activity,this Agreement and the
obligations of VGG hereunder shall survive such conversion and VGG
expressly waives any right to challenge the application of this Agreement as a
result of such conversion.
6. VGG agrees that in the event it applies for and is granted a license to cultivate
recreational marijuana in the VCG RMD,it will maintain a portion of the Deleted. cultivation facility
facility for medical marijuana as licensed by the DPH,CCC or any successor _ Deleted:cultivation
state entity,and further that this Agreement shall survive such conversion and
VGG shall continue to be obligated to make the full Five Million Dollar annual
payment for 80 quarters as agreed to hereunder. Should the state merge the
categories of medical and recreational marijuana,whether referred to as Adult
Use or any other name,for purposes of regulation or licensing,this provision
shall apply to the merged operations;provided,however,that this provision
shall not be deemed as a waiver of any of the Town's rights with respect to any
separate and additional licensing VGG might needed to operate such a facility,
and the Town expressly reserves all of its rights under the law with respect to
the same.
7. VGG and the Town agree and acknowledge that this Agreement is entered into
pursuant to v,J..,,,....c 9J,C a.]].(]the licensing regulations promulgated pursuant to
G.L.c.94C,App.I and that therefore there are no kaQukory_limitations on the Formatted:Highlight
,__ __
term of this Agreement,which shall be for eighty quarters,or on the amount of
VGG's payment obligation which is for Five Million Dollars pe annutr_� In the Formatted:Highlight
event that the provisions of G.L.c.94C,App.l are repealed or rendered Deleted.a quarter
inapplicable,VGG represents and affirms that it shall continue to honor the
provisions contained herein as a matter of contract binding upon it for the due
consideration provided herein,and shall remain bound to these provisions and
subject to enforcement hereof.
8. VGG agrees that in the event it applies for a license to cultivate jnarijuana on Deleted.recreational
onen"a e.any o1llier AMU under lj e ranovn�iony„_vi Cr 1. ,c„94(..Fjn the VGG RME) � Deleted:or any othe,
VCiCu y.11afl llave a conal nnn unnn ; ])�➢ QIl6b➢ O maintain aportion of the facility for Deleted:recreational marijuana license
medical marijuana CUltivatlon,annd.... ..---- M)arale conntractu.a a ee➢”lennl Deleted: cultivation facili y
nuc,nplL nrnalnzninp the r�arrle,,and to pay the full Five Million dollar annual payment Deleted:me
���. nn"�1e host�commumty agreement neforhsu hga li ease nnGB lun lh�n"lhal a
1
'- Deleted:execution of a separate contractual agreement
�f any�,cach a memorializing the obligation
I's ftb c clla€nti 1 is€n wdflfl lac me tdttec.8 Inkn�u h sLLN LgLi rnk license ns as meclnadsec8 F Deleted:
by Gy] ,c.24G. Provided,however,that so long as VGG,or an affiliate,pays _ �� Deleted: shall be a condition to entering into
the annual fee hereunder for the full 1.1 million square feet and .�r u red
Deleted-
research and development space,it shall not be assessed any additional fees for Deleted:,
such space pursuant to this Agreement c am s±jt jEcF€ �j€;--, the Town (Formatted:Highlight
p p g �_�_�`z
expressly reserves its rights to assess fees in connection with any subsequent or [Formatted.Highlight
additional agreements. '( Deleted:associated
Commented[LFG2]:while this still needs to betakento the
9. VGG's obligation to pay the Five Million dollars per year with payments for Bos for its review,this 9 G addresses only his license RNID
facility;any new HCA unnderder 94G would require a separate
eighty quarters shall not be discharged or waived for any reason. However,if \ negotiation.
VGG's license Q.o operate flie.W(i R MD is suspended by a regulatory agency Formatted:Strikethrough,Highlight
for more than one quarter,the corresponding quarterly payment due shall be
deferred until the license is reinstated. VGG shall remain obligated to pay the
quarterly payments that were deferred. Such payments shall resume on the first
day of the next calendar quarter. ll do Lctted franneraks shall b_c added to the — Formatted:Highlight
end of the_ e m,which Perin shall be cx!.xed aa,condtn fly. Formatted.Highlight
10. If VGG defaults on its obligation to make a timely payment or fulfill any other
obligation under this Agreement,VGG agrees to waive all defenses to the
Town's withdrawal of the letter of non-opposition and the Town's request to the
licensing authority to revoke VGG's license to operate the cultivation facility.
The Town shall have all other remedies with respect to default available to it Deleted:q
under law. othin herein shall prevent VGG from assertingan separate or ¶
g— -- — — -- - y p - - Neither party hereto shall be deemed to have waived its rights
independent claim under this Agreement or applicable law. with respect to matters not specifically addressed herein.
Commented[LFG3]-Added byMike osen
Deleted:
i
1..1,,.......1600 Osgood agrees that the value of the real property of the RMD facility shall
be treated as taxable and 1600 Osgood shall not object to or otherwise challenge
the taxability of such real property but reserves any rights it might have with
respect to the valuation of the same jn accordance with Massachusetts law. n Deleted:z VF%444 4eweveF,�4iat
12.VGG agrees that all other fees,permits,personal property and real estate taxes including Deleted:q JJ
any personal property or real estate tax increases which result from improvements to the Formatted:Font:12 pt,Font color:Black,Strikethrough,
building or land and any subsequent valuation increase shall remain the obligation of Expanded by 0.05 pt
VGG and or any other successor property owner. I Formatted:Font:12 pt,Font color:Black,Expanded by
0.05 pt
13.VGG shall not assign,sublet or otherwise transfer this Agreement,in whole or in Formatted:Font:12 pt,Font color:Black,Expanded by
part,without the prior written consent of the Town,which consent shall not be 0.05 pt
unreasonably withheld,conditioned or delayed,and shall not assign any of the �� Deleted:�a>q
moneys payable under this Agreement,except by and with the written consent of
the Town. Achange by VGG of its corporate structure from"non-profit"to"for Deleted:
profit"shall not constitute an assignment,sublet or transfer for purposes of this Formatted:Font:Not Italic
Agreement,provided,however,that all terms and conditions of this Agreement ` Formatted:Font:Not Italic
shall continue to apply to such newly structured entity,....ngb.cp.u1,G;fig g tllue obin.at.notIl t.Q.
vay 10 the Fown aab lees,laxer or olher arnoun y oMn V nde eC1Il0IlIl l2 and (-Formatted.Font:Not Italic
yud]allllntnoiW fees taxes other arnwu b1 y which rna ol3uermse be Chle Under
... ....
ind the newly structured entity shall not be relieved from any of its Formatted:Font:Not Italic
obligations hereunder. Deleted: fFeT�.4ieH pFeftt-to�-fF F Feftt° ff&
14.This Agreement is binding upon the parties hereto,their successors,assigns and
legal representatives.Neither the Town nor VGG shall assign or transfer any
interest in the Agreement without the written consent of the other or prior
compliance with Section 3,above. --(Formatted:Not Strikethrough l
Deleted.3 14
15.VGG shall comply with all laws,rules,regulations and orders applicable to the ` Formatted:Not Strikethrough
RMD or any other AMU now existing or operating at the property in the future,
such provisions being incorporated herein by reference,and shall be responsible
for obtaining all necessary licenses,permits,and approvals required for the
performance of such work.
16.Any and all notices,or other communications required or permitted under this
Agreement,shall be in writing and delivered by hand or mailed postage prepaid,
return receipt requested,by registered or certified mail or by other reputable
delivery service,to the parties at the addresses set forth on Page 1 or furnished
from time to time in writing hereafter by one party to the other party.Any such
notice or correspondence shall be deemed given when so delivered by hand,if so
mailed,when deposited with the U.S.Postal Service or,if sent by private
overnight or other delivery service,when deposited with such delivery service.
17.If any term or condition of this Agreement or any application thereof shall to any
extent be held invalid,illegal or unenforceable by the court of competent
jurisdiction,the validity,legality,and enforceability of the remaining terms and
conditions of this Agreement shall not be deemed affected thereby.
18.This Agreement shall be governed by,construed and enforced in accordance with
the laws of the Commonwealth of Massachusetts,the parties agree that Essex
County superior court shall be the proper forum for any litigation for the
adjudication of disputes arising out of this Agreement.
19.This Agreement,including all documents incorporated herein by reference,
constitutes the entire integrated agreement between VGG and the Town with
respect to the matters described.This Agreement supersedes all prior
agreements,negotiations and representations,either written or oral,and it shall
not be modified or amended except by a written document executed by the
parties hereto.
20.VGG agrees that it will not seek to be licensed for,open or apply to open a
medical marijuana dispensary facility,a retail marijuana establishment,an onsite
or"social'consumption establishment,or a delivery service facility in North
Andover.
21.VGG shall not use any of the Town public water supply or public water
infrastructure in its cultivation activities. VGG may use the Town public water
supply and public water infrastructure for the operation of its business not
relating to the cultivation of marijuana,including but not limited to any AMU
conducting research and development activities.
22.The parties acknowledge that the V GC p RMD)will be located in a G.L.c.40R oeieted.culavatwn fniiiri
smart growth zoning district and that the Town may vote to rescind such zoning
district. As a consequence,the Commonwealth of Massachusetts may require
that the Town repay Six Hundred and Fifty Thousand dollars it received when
the c.40R district was adopted. If the Commonwealth requires repayment of all
or a portion of the Six Hundred and Fifty Thousand($650,000.00)dollars,VGG
shall pay the amount due to the Commonwealth.
23.This Agreement is specific to a 1.1 million square foot facility for a license oeieted.culavatwn
issued to an RMD by DPH or any AMU approved by the CCC,or successor state
agency,for the same space
cttwdklO any me came tfnerukraa e -- Formatted:Highlight
mec �dttec.8 12ylj-�iLr f� L 3 ti( )oC hl� %oni �,yflaws. Any future development or
expansion requiring a new license,an amendment to theV. RMD license,or
...............................
other licensing activity by the CCC or successor agency shall require negotiation
of an additional Host Community Agreement,and the Town expressly reserves
all rights it may have under law with respect thereto. Further,any AMU or other
research and development use which space is not within the 1.1 million square
foot VCpCp oGQ)lru�tw�llncllll ns reggu nm�ad 10 satisfy�the fifteen(15%)percent rule Deleted:culhvafion facility
under Section 8.13.6(4)of the Zoning Bylaw shall be covered by this Agreement. Deleted:ing
24.This Agreement does not affect,limit or control the authority of the Town,its
boards,commissions,or department to carry out their respective powers and
duties to decide upon and to issue,or deny applicable permits and other
approvals under the statues and regulations of the Commonwealth,the General
and zoning bylaws of the Town or applicable regulations of those boards,
commissions,and a department or to enforce said statutes,bylaws,and
regulations. The Town by entering into this Agreement is not thereby required
or obligated to issue such permits and approvals as may be necessary for VGG to
operate in the Town or to refrain from enforcement action against VGG for
violation of the terms of said permits,approvals or statutes,bylaws and
regulations. VGG remains subject to all applicable general and special state and
local laws,bylaws,building and other codes,rules and regulations,and the
Agreement set forth herein shall not relieve VGG of any obligations it might
have thereunder.
25.This agreement applies solely to VGG's plans to operate a 1.1 million square
foot jL�lt✓Q and research and dc.vc.ldk}r➢:li.h�nk 5,LaLt C.redju➢re.d bwectIlon 8.1...3.6L4 ) -----� Deleted.marijuana cultivation facility
the Zoning�l�y7aw aIc cribcd�mcre Lully_be2c�qj. Any facility developed on the Formatted:Hignlignt
16,00 , oo,d`�1rc€,i,,,property which is not a part of the VGX; l�or related =Deleted. faeilit
;_e11Li Kdjesearch and development space in accordance with Section2,above, Formatted:Hignlignt
shall require an additional Host Community Agreement.
Deleted:y,or the
26.Neither party shall be in default of any provision hereof,unless the party hasDeleted.required
received written notice of such default and an opportunity to cure within ten(10) ( Deleted:-
bUS1rieSS days '..,..(Formatted:Font:Not Italic
Deleted:4
27....VGG shall indemnify,defend,and hold the Town harmless from and against any
and all claims,demands,liabilities,actions,causes of actions,defenses,costs and
expenses,including attorney's fees,arising out any claim that this Agreement or
any term hereof is illegal or unenforceable,and of VGG's breach of this
Agreement or the negligence or misconduct of VGGL_Noknyi h➢skar➢g ixng the first
sentence of this sec,_tion htry✓cver,if VGG seeks ktr en¶oVn a`fawn order to cease
o reratlons of the GG �7 and th.e court finds both.khat l the own acted in
bad faith and(2)the order was issued➢➢nnlrro:rl crly,�he_}WXI.tr ➢➢nc,r➢k dfllke Linder the ( Deleted:¶
ALueenient shall be reduced by an an:nount ltrtr�rorkbtrr➢dtkc ktr_k_lTe_l:re➢and al➢d e dent
of the shutdown and VCa`Q will have no crblA?Joln_to indleninaly the`l'owan for its
costs In del`endln lac,pgt➢gation as it al➢21ies to the Town's bad Faith_and
anro�rerIV rssued order ' Commented[LFG4]:This is meant to address VGG concems
that VGG should not have to indemnify the Town for actions taken
in bad faith,and in the event that a cease and desist order was issued
improperly in connection therewith.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year
first above written.
Town of North AndoverDeleted:
w..... _ Deleted:
Deleted: Column Break
T
Do the provisions of G.L. c. 94C or 94G apply to the Host Community
Agreement for the registered marijuana dispensary ("RMD:")?
The project is subject to G.L.c. 94C, not 94G.
With respect to the applicability of the provisions of G.L. c. 94C or 94G to
the Host Community Agreement ("HCA"), the draft has been negotiated to
specifically address this potential issue. In the HCA, the project
proponent expressly grees that the project is subject to the requirements
of G.L c. 94C and is thus considered an RMD for purposes of that
statute. General Laws c. 94C imposes no limitation on the ability of the
Town to negotiate a host community payment. Further, and regardless of
how the project may later be characterized by the state, the project
proponent expressly agrees to be bound by the terms of the HCA, and its
obligations to make payments thereunder.
Why are we here again? Wasn't this decided at the last Town Meeting
in May?
A summary of the legal opinion of Town Counsel, Suzanne Egan, issued
on June 22, 2017 states as follows:
The Planning Board is the gatekeeper which determines whether the
amendment may be reconsidered at Town Meeting. The Planning Board
must first consider whether the resubmitted amendment is of a different
character than the first amendment. If it is of the same character, then the
Kitty v. Springfield case prohibits Town Meeting from reconsidering the
amendment. If it is of a different character, then the Board may consider
the substantive question as to whether to issue a favorable
recommendation.
Note: The Planning Board voted that the zoning article was different in
character at their public meeting on January 2, 2018.
Does the Board of Selectmen have the authority to execute a Host
Community Agreement without approval from Town Meeting as to its
terms?
Yes, the Board of Selectmen has authority to enter into a binding
agreement with VGG without any further action by Town Meeting.
Section 2-1-2 of the Charter provides, in relevant part, "The town meeting
shall consider and act upon with or without amendments, all bylaws,
proposed operating and capital improvement budgets, bond issues, and
other financial proposals of the town." By the plain language of this section
of the Charter, and other related and consistent provisions, only
expenditures or proposed expenditures by the Town require Town Meeting
approval. This authority is consistent with the statutory legislative authority
of Town Meeting to approve all appropriations. In contrast, the executive
powers of the Town are vested in and exercised by the Board of Selectmen
and/or Town Manager, including decisions as to whether to spend monies
appropriated by Town Meeting. The distinction between the executive and
legislative branches of the Town, i.e., the concept of "separation of powers"
is the subject of significant case law in Massachusetts. The distinction is
not simply superficial in nature, as allowing the legislative body to have
control over the exercise of executive duties and responsibilities would
result in significant negative impacts on the "efficiency and economy in the
business administration" of a municipality.
Is the Host Community Agreement Enforceable?
Yes, the Host Community Agreement is enforceable.
While this is a quickly evolving area of law, and there are many possibilities
that cannot be anticipated, every effort was made to address the
enforceability of this document and to ensure that the project proponent
commits to the obligations it is making thereunder regardless of which
regulatory scheme ultimately winds up applying to the project. Further, the
Host Community Agreement itself requires that the project proponent be
responsible for all costs, including defense costs, arising from a challenge
to the Host Community Agreement and its enforceability.
The question of whether the agreement is enforceable is also a question of
contract. Here, the parties have expressly agreed upon the terms of the
HCA, evidencing a meeting of the minds, and the agreement specifically
recognizes that consideration has been given and acknowledged for the
promises and covenants contained therein.