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Home My Public Portal About2018-02-27 - TC_Recreational Marijuana_PacketIUFEB -5 Ht -110:02 TOWN OF WATERTOWN Town Council Administration Building 149 Main Street WATERTOWN, MASSACHUSETTS 02472 NOTICE OF PUBLIC HEARING Notice is hereby given that the City known as the Town of Watertown will conduct a PUBLIC HEARING before the Town Council on a proposed AMENDMENT TO THE ZONING ORDINANCE. The Hearing will be held on Tuesday, February 27, 2018 with the meeting starting 7:15 p.m. in the Town Council Chamber, Administration Building, 149 Main Street, Watertown, MA 02472. The Council will consider amending the Zoning Ordinance, Article V, by inserting new Section 5.19, TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS, and further amend the Table of Contents by inserting Section 5.19, TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS, to be in effect through December 31, 2018. Published in Watertown TAB: February 9, 2018 & February 16, 2018 Posted: February 5, 2018 Watertown Town Council Administration Building 149 Main Street Watertown, MA 02472 Phone: 617-972-6470 Ordinance #: AN ORDINANCE IMPLEMENTING AN AMENDMENT TO THE ZONING ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS WHEREAS, the voters of the Commonwealth of Massachusetts voted at the State election held on November 8, 2016, to approve a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes (new G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). WHEREAS, the law, which allows certain personal use and possession of marijuana, took effect on December 15, 2016 and (as amended on December 30, 2016 by Chapter 351 of the Acts of 2016 and thereafter, on July 28, 2017 by Chapter 55 of the Acts of 2017) requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018 and to begin accepting applications for licenses no later than April 1, 2018. Currently under the Zoning Ordinance, a non-medical Marijuana Establishment (hereinafter, a “Recreational Marijuana Establishment”), as defined in G.L. c. 94G, §1, is not specifically addressed in the Zoning Ordinance. Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of Recreational Marijuana Establishments. WHEREAS, The regulation of recreational marijuana raises novel legal, planning, and public safety issues, and the Town needs time to study and consider the regulation of Recreational Marijuana Establishments and address such issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Ordinance regarding regulation of Recreational Marijuana Establishments. WHEREAS, the Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Recreational Marijuana Establishments so as to allow sufficient time to address the effects of such structures and uses in the Town and to enact ordinances in a consistent manner.; and NOW THEEFORE, BE IT ORDAINED, that the Town Council of the City known as the Town of Watertown does hereby amend the Zoning Ordinance, Article V, by inserting new Section 5.19, TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS, that would provide as follows, and further amend the Table of Contents by inserting Section 5.19, TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS: ELECTED OFFICIALS: Mark S. Sideris, Council President Vincent J. Piccirilli, Jr., Vice President Michael F. Dattoli, Councilor At Large Anthony J. Donato, Councilor At Large Caroline Bays Councilor At Large Anthony Palomba, Councilor At Large Angeline B. Kounelis, District A Councilor Lisa J. Feltner, District B Councilor Kenneth M. Woodland, District D Councilor Town Council Ordinance Temporary Moratorium on Recreational Marijuana Page 2 of 3 Section 5.19 TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS (a) Purpose On November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes (new G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). The law, which allows certain personal use and possession of marijuana, took effect on December 15, 2016 and (as amended on December 30, 2016; Chapter 3 51 of the Acts of 2016) requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018 and to begin accepting applications for licenses on April 1, 2018. Currently under the Zoning Ordinance, a non-medical Marijuana Establishment (hereinafter, a "Recreational Marijuana Establishment"), as defined in G.L. c. 94G, §I, is not specifically addressed in the Zoning Ordinance. Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of Recreational Marijuana Establishments. The regulation of recreational marijuana raises novel legal, planning, and public safety issues, and the Town needs time to study and consider the regulation of Recreational Marijuana Establishments and address such issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Ordinance regarding regulation of Recreational Marijuana Establishments, 'The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Recreational Marijuana Establishments so as to allow sufficient time to address the effects of such structures and uses in the Town and to enact ordinances in a consistent manner. (b) Definition “Recreational Marijuana Establishment” shall be defined as, “a marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana related business;” (c) Temporary Moratorium For the reasons set forth above and notwithstanding any other provision of the Zoning Ordinance to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Recreational Marijuana Establishment and other uses related to recreational marijuana. The moratorium shall be in effect through December 31, 2018. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, and to consider the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments, and Town Council Ordinance Temporary Moratorium on Recreational Marijuana Page 3 of 3 shall consider adopting new Zoning Ordinances in response to these new issues. Or take any action relative thereto. This ordinance shall be effective immediately upon passage. Council Member I hereby certify that at a Meeting of the Town Council for which a quorum was present, the above Ordinance was adopted by a roll call vote of ___for, ____ against, ___ present on February 27, 2018. _______________________ ___________________________ Marilyn Pronovost, Council Clerk Mark S. Sideris, Council President Board Members: John B. Hawes, Jr., Chairman Jeffrey W. Brown Janet Buck Gary Shaw Payson R. Whitney, III PLANNING BOARD REPORT This Report provides the Planning Board’s recommendation to the Honorable Town Council for the Council’s public hearing on a Zoning Text Amendment to enact a temporary Town-wide moratorium on Recreational Marijuana establishments. Subject Property: Town-Wide Parcel ID #: Multiple Properties Zoning Change: Enact a temporary moratorium for recreational marijuana establishments Date of Council First Reading: November 14, 2017 Date of Planning Board Hearing: January 10, 2018 Planning Board Recommendation: (5-0) Approval Zoning Amendment: Planning Board Report Recreational Marijuana Moratorium January 11, 2018 Page 2 of 2 I. Public Notice (M.G.L. c. 40A, §11) A. Procedural Summary The proposed Text Amendment to impose a temporary moratorium on recreational marijuana establishments was heard by the Planning Board on January 10, 2018. As required by the Watertown Zoning Ordinance § 9.22, notice was given as follows: • Published in the newspaper of record, Watertown Tab, on December 22, 2017 and December 28, 2017 • Posted at the Town Administration Building on December 18, 2017; and, • Mailed on December 18, 2017 to the Massachusetts Department of Community Affairs, the Metropolitan Area Planning Council and to abutting municipalities. B. Legal Notice The Town of Watertown’s Planning Board will hold a public hearing on a Zoning Ordinance Amendment on Wednesday, January 10, 2018 with the meeting starting at 7:00 p.m. in the Town Council Chamber, Administration Building, 149 Main Street, Watertown, MA 02472, to amend the Zoning Ordinance, Article V, by inserting new Section 5.19, TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS, and further amend the Table of Contents by inserting Section 5.19, TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS, to be in effect through December 31, 2018. II. Description A. Nature of the Request The Zoning Text Amendment would impose a temporary moratorium on recreational marijuana establishments in Watertown until it is no longer needed and rescinded, or through December 31, 2018, when it will automatically expire. During the moratorium period the Town shall undertake a planning process to address the potential impacts of recreational marijuana in Town, consider the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments, and consider adopting amendments to the Zoning Ordinance in response to these new uses. III. PUBLIC COMMENT The Planning Board did not receive any comments or public testimony at their January 10, 2018 hearing. Also, the Department of Community Development & Planning (DCDP) has not received written public comment on the requested Text Amendment. IV. PLANNING BOARD AND STAFF RECOMMENDATION The Massachusetts Cannabis Control Commission is in the very early stages of drafting state-wide regulations for recreational marijuana establishments. As such, the Planning Board and DCDP staff respectfully recommend Town Council adoption of the requested Zoning Text Amendment to create the moratorium.