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HomeMy Public PortalAbout2018-11-27 Retail Marijuana 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 establish regulations regarding the siting of Retail Adult Use Marijuana and Medical Marijuana Treatment Centers. I. PUBLIC NOTICE A. Procedural Summary: As required by the Watertown Zoning Ordinance § 9.22, notice of the Planning Board’s October 10, 2018 hearing was given as follows: • Published in the newspaper of record (Watertown Tab) on 9/21/2018 & 9/28/2018; • Posted at the Town Administration Building on 9/17/2018; and, • Mailed to parties of interest on 9/17/2018 B. Public Notice: “The Watertown Planning Board will hold a public hearing on Zoning Ordinance (WZO) Amendments on Wednesday, October 10, 2018, starting at 7:00 p.m. in the Town Council Chamber, Administration Building, 149 Main Street, Watertown, MA 02472, to consider amendments to the WZO. Amendments to Zoning Ordinance: Article VIII, Other Regulations and Section 5.01, Table of Use Regulations Text Amendment. Retail Adult Use Marijuana and Medical Marijuana – to consider a recommendation to the Watertown Town Council to amend the Zoning Ordinance by striking Section 5.19, TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS, in effect until December 31, 2018, and ZONING AMENDMENT: Article VIII, Other Regulations and Section 5.01 Table of Use Regulations DATE OF FIRST READING: September 11, 2018 DATE OF PLANNING BOARD HEARING: October 10, 2018 PLANNING BOARD RECOMMENDATION: Approve (5-0) Zoning Amendment – November 12, 2018 Retail Adult Use Marijuana Planning Board Report Page 2 of 5 amend Section 8.04 for regulations regarding the siting of both Retail Adult Use Marijuana and Medical Marijuana Treatment Centers and related uses for patients with a debilitating medical condition as defined by 935 CMR 500.000 and 105 CMR 725.000. The amendment would allow for the Retail Adult Use of Marijuana as a Special Permit under Section 5.01 consistent with Medical Marijuana Treatment Centers already established in the zoning ordinance.” Town Council: Notice is hereby given that the City known as the Town of Watertown will conduct a PUBLIC HEARING before the Town Council on proposed AMENDMENTS TO THE ZONING ORDINANCE. The Hearing will be held on Tuesday, November 27, 2018 at a meeting starting at 7:15 PM in the Town Council Chamber, Administration Building, 149 Main Street, Watertown, MA 02472. 1. Retail Marijuana: Replace Adult Use Marijuana Moratorium with regulations for Adult Use Marijuana Establishments and modify Medical Use to be consistent, and also consider regulations including within which zoning districts such use is allowed, applicable buffers, and the number of establishments allowed. (published 11/9/2018 and 11/16/2018 and posted 11/6/2018) II. DESCRIPTION A. Nature of the Request On November 8, 2016, Massachusetts voters voted 53% in favor of a ballot initiative known as “Question 4” authorizing the limited adult use of marijuana and the licensing of marijuana establishments, among other things. The law permits municipalities to impose their own requirements regarding Retail Adult Use Marijuana as long as they do not conflict or interfere with the State’s regulations. The Zoning Ordinance must be amended to address reasonable restrictions within the Town of Watertown on the retail sales of marijuana. The Text Amendment proposes to amend the Zoning Ordinance to: • Require a minimum distance of 500 feet between any Marijuana establishment. • Require a 500 foot buffer from pre-existing public or private schools providing education for kindergarten through 12th grade. • Limit Retail Adult Use Marijuana establishments to the Town’s “CB”, “LB” Commercial Zoning Districts, “I-1”, “I-2”, and “I-3” Industrial Zoning Districts, the “PSCD” – Pleasant Street Corridor District, and the “RMUD” Regional Mixed Use Zoning District, subject to the granting of a Special Permit by the Special Permit Granting Authority (SPGA). • Amend the ordinance to modify the regulations of Medical Marijuana Treatment Centers for consistency regarding the regulations of both uses. II. PUBLIC COMMENTS The Planning Board heard testimony with a summary as follows: Curtis Whitney suggested the Board (or the Town) should consider when an establishment becomes a location (at time of Town permit, signs a Host Agreement, or opens its doors). He Zoning Amendment – November 12, 2018 Retail Adult Use Marijuana Planning Board Report Page 3 of 5 urged the Town to pay attention to the quality of the recreational use marijuana, because several types are ingestibles. Joslyn Taggert noted that there are addiction treatment centers in Watertown. She suggested a 500 foot exclusion buffer to these. Mr. Magoon said this was not in the State law or regulations, but this was something Watertown could consider. He noted the Special Permit process was also discretionary, and would allow the Board to take this into account at the time that an application was made. Anne Sevetta, French Street, asked how much would the population have to increase to have more package stores? She also supported Ms. Taggert’s comments. Mr. Schreiber suggested it would increase one for each 5,000 increase in population. Ms. Buck noted location is part of the Special Permit process. Ms. Taggert suggested that the location of addiction centers should be included in the Ordinance. Mr. Curtis Whitney asked if the 500 foot buffer influenced the ability of a petitioner to seek a letter of non-opposition from the Town? Mr. Magoon said the buffer was an exclusion zone. He said a letter of non-opposition is not a permit, and does not create an “established” retail marijuana store. Councilor Palomba could potentially support a suggested buffer around addiction treatment centers. He asked about the timing relative to the Ordinance change. Mr. Magoon said the moratorium ends in December. He said this means that the Council must also take action prior to the end of the moratorium. Mr. Schreiber also noted the first Special Permit criterion addresses “appropriate use for the location”, which could deal with the concerns raised. Mr. Curtis Whitney suggested in regard to the Boys and Girls Club that the “class” of use could be a community center, or one that offers children’s’ programs. III. ANALYSIS The State established the Cannabis Control Commission to equitably and effectively implement and administer the laws enabling access to medical and adult use marijuana. The State law (935 CMR 500.000) also permits local jurisdictions to further regulate marijuana establishments in its community through mechanisms listed below. 1. Limit Number of Establishments: A municipality may pass an ordinance limiting the number of marijuana retailers to 20% or more of the number of liquor licenses issued pursuant to M.G.L. c.138 §15 (commonly known as “package stores” ). Watertown has 14 licenses issued which could allow a limitation of not less than 3 adult use marijuana establishments). This Amendment includes a 500-foot buffer between establishments to ensure there is no clustering of uses within one area. The Planning Board and staff reviewed the zoning in relation to the 500 foot spacing and also considered current land uses which limit options for potential developments. Zoning Amendment – November 12, 2018 Retail Adult Use Marijuana Planning Board Report Page 4 of 5 Staff developed a zoning map showing the 500 foot buffers from schools as well as a scale to show 500 foot increments to help visualize the potential within the districts where the use is proposed to be allowed. The amendment also requires a discretionary Special Permit, with the ability to review projects in context of surrounding uses, look at site constraints, and consider the appropriateness of the use for specific sites. 2. Limit distance requirements: Marijuana establishments may not be located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12; however, a local municipalities may adopt an ordinance or bylaw to reduce that distance requirement. The Ordinance has proposed to adopt the State limitation and buffer of 500-feet from pre-existing public or private school providing education in kindergarten or any of grades 1 through 12 and additionally require the same 500-foot buffer from other retail or medical marijuana establishments. 3. Prohibit/Ban: If the governing body of a municipality seeks to ban marijuana retailers from operating in the municipality, limit the number of them to fewer than 20% of the number of liquor licenses or limit the number of any type of marijuana establishment to fewer than the number of RMDs registered to engage in the same type of activity in the city or town, there are two different procedures, which depend on how the municipality voted on the ballot initiative to legalize marijuana in 2016. Since Watertown had a majority vote on the State initiative to allow Adult Use Marijuana, a proposed ban would require the ban to be proposed as part of a regular or special election to do so. IV. PLANNING BOARD DISCUSSION Mr. Whitney asked which Town Board would be the permit-granting board relative to the requirement for a Special Permit? Mr. Magoon said it would be the Zoning Board of Appeals except in the PSCD or RMUD where it would be the Planning Board. Ms. Buck sought clarification from staff in regard to public comments. Mr. Magoon said it would be reasonable to consider the location “established” when it received its Special Permit. He said there is a time limit to “activate” a permit. He said the Town was aware of the issues that might arise if an individual or company aggregated permits, but did not act on them, thereby preventing others from seeking permitting. He noted quality control is controlled at the State level by the Cannabis Control Commission. Mr. Cohen noted the 500 foot buffer applies to schools, but now does not apply to facilities in which children commonly congregate. He questioned removing these restrictions. Mr. Magoon said the State’s initial guidance with medical dispensaries included this buffer. He said it is suggested that the buffer is overly broad, given actual practice. He said the concern is focused specifically on school age children, which are generally in the schools as opposed to toddlers in day-cares. Mr. Cohen asked if the approved medical dispensary was a not-for-profit? Mr. Magoon said yes, it was but it is no longer required to be. Zoning Amendment – November 12, 2018 Retail Adult Use Marijuana Planning Board Report Page 5 of 5 Mr. Whitney asked about the number of liquor/package stores in Watertown, as this could relate to the number of retail marijuana outlets? Mr. Magoon said it was fixed, unless the Town received more licenses. He said the Town could receive more based on population increases, or by a municipal petition. Ms. Buck discussed Ms. Taggert’s comments relative to creating a buffer around addiction treatment facilities locating there after a Marijuana Use is already approved. Mr. Magoon said any uses that have the 500 foot buffer would be as of a particular date. So, if a retail marijuana store is in permitting, and daycare wants to locate next door, they can do that, but they will know there may be a retail marijuana store next to them. Ms. Buck suggested adding the Watertown Boys & Girls Club to uses/locations with the 500 foot buffer. Mr. Schreiber identified that this was a specific user, rather than a class of locations, such as parks. Mr. Magoon said this would have to be carefully defined. He noted that the Town would need to survey locations of addiction treatment facilities. He expressed a concern about addiction treatment centers overly limiting the areas of Watertown left to host a marijuana facility. He said the intention was understood, and could be addressed by staff for the Council meeting. Ms. Buck moved to recommend to the Town Council adoption of the proposed text amendment with the additional request for staff to look at options for additional buffers for community center and addiction treatment centers, if appropriate. Mr. Whitney seconded, and the motion passed unanimously (5-0). V. SUBSEQUENT RECOMMENDATION Subsequent to the Planning Board Hearing, DCDP Staff researched the requested additional concerns in regard to community centers (Boys and Girls Club) and the possibility of buffers from addiction treatment centers. Staff analyzed locations of community centers and found that a good option for regulating this and also to clarify buffers in relation to school playgrounds and other public fields is to include a 500-foot buffer from public parks and playgrounds. Staff suggests that using the Open Space and Recreation Plan for parks and playgrounds creates a consistent and predictable buffer which will address the concerns raised. A map showing the previous buffers and the additional buffers has been included in the packet for reference. In addition, Staff reviewed Addiction Treatment Centers and the merits of calling them out specifically within the Zoning Ordinance and requiring a buffer. The first step in the review was identifying the number and general locations of treatment facilities. Health Department staff identified two treatment facilities in Watertown. One is located at 124 Watertown Street and the other is located at 440 Arsenal Street. The Watertown Street location is already within a buffer zone of the adjacent park. The other site is not within a buffer. However, staff also found that there is a debate within the addiction community in regard to marijuana with some identifying it as a gateway and others identifying it as a treatment option. Based on this, Staff suggests that treatment centers should not be treated separately and should be considered on a case-by-case basis using the Special Permit criteria. Planning Board Zoning Recommendation for Marijuana Establishments 11/08/2018 Page 1 of 2 ARTICLE VIII OTHER REGULATIONS 8.00 Regulation of Soil Removal 8.01 Overhanging Shrubs or Evergreens Rights of Way 8.02 Sale of Products on Public Rights of Way 8.03 Yard Sales 8.04 Medical Marijuana Treatment Centers and Retail Adult Use Marijuana Establishments SECTION 8.04 MEDICAL MARIJUANA TREATMENT CENTERS and RETAIL ADULT USE MARIJUANA ESTABLISHMENTS A. No person shall operate or allow the operation of, a Medical Marijuana Treatment Center or a Retail Adult Use Marijuana Establishment, without full compliance with all of the applicable provisions and conditions of 105 CMR 725.100 and 935 CMR 500 Massachusetts General Law, respectively, including definitions, siting, signage, and operations; provided, however, that if there is a conflict between the provisions of this section and the provisions of any other applicable state or local law, the most restrictive law shall govern. Nothing herein, exempts such uses from this or other applicable local regulations, ordinances, and/or policies. B. In addition to the requirements set forth in Subsection 8.04.A. above, no person shall operate or allow the operation of, a Medical Marijuana Treatment Center or a Retail Adult Use Marijuana Establishment until such time as a Special Permit has been duly applied for and granted by the Special Permit Granting Authority (SPGA), which Special Permit confirms full conformance of a proposed Medical Marijuana Treatment Center with Massachusetts General Law and all of the applicable locational siting requirements of this title Article. The application for such Special Permit shall be filed pursuant to the requirements and processes set forth in Article IX of this ordinance. C. Definitions: As used throughout this Ordinance the following words shall be defined as indicated. Marijuana: shall be as defined under Chapters 94C, 94G and 94I of the Massachusetts General Laws, 105 Code of Massachusetts Regulations 725.004, and 935 Code of Massachusetts Regulations 500.002 and 935 CMR 501.003. Medical Marijuana: Marijuana that is designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions. Marijuana Establishment: this term shall include licensed marijuana establishments as defined in M.G.L. c. 94G, sec, 1, and other applicable law, which include a marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer (store-front or delivery only), marijuana social consumption establishment (primary or mixed use), marijuana transporter (third party or existing licensee), marijuana micro-business, or any other type of licensed marijuana related business. Except that a marijuana testing laboratory shall be defined as a use permitted as Laboratories engaged in research, experimental and testing activities, including but not limited to the fields of biology, chemistry, electronics, engineering, geology, medicine, and physics, as listed in Table 5.01. Planning Board Zoning Recommendation for Marijuana Establishments 11/08/2018 Page 2 of 2 Medical Marijuana Treatment Center or Registered Marijuana Dispensary: shall mean an entity as defined by Massachusetts law only, registered with and licensed by the Department of Public Health, the Cannabis Control Commission, or any other successor agency that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal care-givers. SECTION 5.01 TABLE OF USE REGULATIONS As a Principal Use S-6 S-10 CR SC T R.75 R1.2 NB LB CB I-1 I-2 I-3 PSCD OSC RMUD 5. Light Industry, Wholesale, Laboratory e. Laboratories engaged in research, experimental and testing activities, including but not limited to the fields of biology, chemistry, electronics, engineering, geology, medicine, marijuana testing laboratories and physics. k. Medical Marijuana Treatment Center (16) N N N N N N N N N SP N SP SP SP SP N SP N SP l. Retail Adult Use Marijuana Establishment (16) N N N N N N N N SP SP SP SP SP SP N SP ADD A NEW NOTE TO SECTION 5.03, NOTES TO THE TABLE OF USE REGULATIONS as follows: SECTION 5.03 NOTES TO TABLE OF USE REGULATIONS (16) Medical Marijuana Treatment Centers and Retail Adult Use Marijuana Establishments (Section 8.04) are prohibited from siting such Centers and/or Establishments within a radius of five hundred feet (500 ft.) both between other like marijuana establishments/treatment centers and/or around pre-existing public or private schools providing education in kindergarten or any of grades 1 through 12, consistent with State Law. Further, there shall be a 500 foot buffer from public parks, playgrounds, and the Charles River Reservation, all as identified within the Watertown Open Space Plan. The distance shall be measured in a straight line from the nearest point of the property line of the proposed use to the nearest point of the property line of the pre-existing establishment or park. 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HILLSIDE RD Perkins School for the B lin d Moxley Field O' Connell Park Lowell Elementary Jewish Community Day School Hosmer Elem entary Cunniff Elementary Watertow n High S choolWatertown Middle School Low ell Playground Atrium School Beacon High School School Admin/Senior C enter St Stephens A rmenian Elementary Filippello P ark Arsenal ParkRiverfront Park Whitney Hill Former GS A Site Victory Field Victory Field Little Greenough Park Casey Field Squibnocket Park Cannalonga Memorial Park Howe Park Bemis P ark City of Newton Sullivan Park Proposed Medical and Adult Use Marijuana Zoning Map 0 1,000 2,000500Feet Proposed Zoning and 500' Buffers 500 Foot Park Buffer Parks and Playgrounds Public and Private School Properties 500 Foot School Buffer Zoning Districts - Marijuana Use CENTRAL BUSINESS LIMITED BUSINESS INDUSTRIAL - 1 INDUSTRIAL - 2 INDUSTRIAL - 3 RMUD PSCD-1 PSCD-2 PSCD-3