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Home My Public Portal About2021-08-09 Fireamrs Businesses 1830 Watertown Town Council Administration Building 149 Main Street Watertown, MA 02472 Phone. 617-972-6470 ELECTED OFFICIALS: Report of the Committee on Economic Development and Planning Meeting Date: August 9, 2021 Mark S.Sideris, Council President The Committee convened on Monday August 9, 2021 at 6:00 pm by Zoom, in Vincent J.Piccirilli,Jr., accordance with the Governor's Order Suspending Certain Provisions of the Open Vice President& Meeting Law, G.L. c.30A, §20, relating to the 2020 COVID-19 emergency, as extended District C Councilor by Chapter 20 of the Acts of 2021, with remote-only opportunities for participation with Caroline says public access. Present were Lisa Feltner, vice chair; and Vincent Piccirilli, secretary. Councilor At Large Staff present were Steven Magoon, Assistant Town Manager/Director of Community Anthony J.Donato, Development and Planning. Also present were Councilors Anthony Donato, John Councilor At Large Gannon and Anthony Palomba; and resident John M. Airasian. John G.Gannon, Councilor At Large The purpose of the meeting was to continue the discussion from June 23rd for policy guidance on possible regulations and zoning rules for firearms businesses. Anthony Palomba, Councilor At Large Mr. Magoon began by reviewing the attached memo, and made the following key points: Angeline B.Kounelis, 1. The proposed firearms business text amendment is very similar to how we have District A Councilor regulated marijuana businesses, and is consistent with how some other jurisdictions Lisa J.Feltner, have regulated firearm uses. District s Councilor 2. The draft map is an interpretation of the text amendment of the buffers and the zones within which firearms businesses would be allowed by special permit. 3. Mr. Magoon discussed the licensing option with Town Attorney Mark Reich who said that state law does not allow a local Licensing Board to regulate gun stores. 4. Mr. Magoon stated that there are no firearms businesses seeking to locate in Watertown at this time and this is just a proactive measure. Questions were raised about whether the Watertown Greenway and some additional Charles River paths could be included in the definition of"open space" for calculating the buffer zones. Mr. Magoon said they were not in Watertown's Open Space Plan as parks and cautioned that the result of including 500ft buffers around these paths could have the result of"effectively prohibiting" gun stores everywhere in Watertown,which would be unconstitutional. It was also acknowledged that an Open Space Plan and Recreation Plan needs to be updated. Councilor Feltner asked if DCDP has anticipated certain locations that could be a good fit for firearms businesses, since the buffer zones are similar to where marijuana businesses are located; and she expressed some concern about how neighborhoods might be impacted given the lack of transition zones between residential and industrial/commercial areas in our zoning. Mr. Magoon expressed that it is good to first identify where businesses would be allowed with some restrictions and then address concerns through the special permit process once an applicant comes forward; currently there is no demand in Watertown and it seems unlikely in the future. He also doesn't anticipate a firearms business serving a local market for residents, and having it in a prominent location is also not important. Page 1 of 2 Committee on Economic Development & Planning Report - August 9, 2021 Questions were raised about whether antique guns would fall under this zoning and the effect it could have on local antique dealers. Mr. Magoon did not specifically discuss this with Attorney Reich, and it was believed by those in attendance that non-operable antique guns were not regulated as firearms, but that operable antique guns were regulated as firearms and sellers would need to have a state or federal permit to sell them. It was requested that KP Law clarify state and federal law as it applies to the proposed zoning amendment as well as the selling of antique guns. It was noted that no emails or phone calls were received during the virtual committee meeting. There was agreement that the proposed zoning amendment be moved forward for a first reading by the Town Council and referral to the Planning Board. 4 Councilor Piccirilli made a motion, seconded by Councilor Feltner, to recommend that the Town Council move forward with amendment to the Zoning Ordinance as presented to the Committee in the Attachment; and furthermore ask the Town Attorney to clarify state and federal law as it applies to the proposed zoning amendment as well as the selling of antique guns. Voted unanimouslv 2-0 on a roll call. The meeting adjourned at 6:45 pm, following a unanimous roll call vote. Report prepared by Vincent Piccirilli Attachment Memo dated August 4, 2021 with proposed zoning text amendment and proposed buffer map Page 2 of 2 From:Driscoll,Michael To:Osmond,Marsha;Hand,JoAnna Cc:Dept.Heads;Comm Dev&Develope;DPW2;Health Subject::Draft Firearm Zoning Regulations Date:Thursday,August 5,2021 2:47:24 PM Attachments:Firearms Buffer_Zoning_Map_2021_0803.pdf Firearms Zoning Amendment DRAFT.docx Please include in today's Misc Items to Council. From: Magoon, Steve Sent: Wednesday, August 04,2021 2:42 PM To: Driscoll,Michael<mdriscoll@watertown-ma.gov> Cc: Hand, JoAnna<jhand@watertown-ma.gov>; Osmond, Marsha<mosmond@watertown- ma.gov>; Schreiber, Gideon<gschreiber@watertown-ma.gov>; Mena, Michael<mmena@watertownma. gov>; Mark R. Reich<MReich@k-plaw.com>; Lawn, Michael<mlawn@police.watertownma. gov> Subject: Draft Firearm Zoning Regulations As a follow up to requests from several Councilor's, a referral was made to the Economic Development and Planning Subcommittee of the Town Council to discuss the regulation of Firearm sales. As a result,we met on June 23,2021 to discuss possible options to proceed. Following that discussion, the Council requested that the administration draft an amendment to the Zoning Ordinance to regulate such uses. Attached is draft Zoning Text Amendment language for the next committee meeting scheduled for Monday August 9. This is one option for the regulation of such businesses. This proposal would first define such uses, list which zoning districts would permit this use by special permit, and in which districts it would be prohibited. It would also then add a note that would further limit their location in Town by requiring buffers from certain uses. This proposal is very similar to how we have regulated marijuana businesses and is consistent with how some other jurisdictions have regulated these uses. Also attached is a draft of a map that is an interpretation of the application of these buffers and the zones within which this use would be permitted by special permit. Please share these materials with Council. Steve Magoon Assistant Town Manager, Director, Community Development and Planning Administration Building 149 Main Street Watertown, MA 02472 Office 617 972-6417 Cell 617 987-1136 Amendment 1: Article II Definitions-Add a new definition as follows with the renumbering of the following Definition sections starting with Flood, base: §2.27 Firearms business. A retail or wholesale operation involving the purchase or sale of firearms, ammunition, and/or firearm accessories, including the repairing, altering, cleaning, polishing, engraving, blueing or performing of anv mechanical operation on anv firearm. Amendment 2:Article V Tables of District Regulations. Add a new row to § 5.01 Table of Use Regulations as follows: As a Principal Use S-6 S-10 CR SC T R.75 R1.2 NB LB CB 1-1 1-2 1-3 PSCD OSC RMUD 3.Business,Office,and Consumer Service Uses o.Firearms I N I N I N I N I N N N I N I SP(18) SP(18) SP(18) I SP(18) SP(18) I SP(18) I N SP(18) Amendment 3: Article V Tables of District Regulations. Add a new note to § 5.05 Notes to Table of Use Regulations as follows: (18) Firearms businesses are prohibited from siting within a radius of five hundred feet (500 ft.) both between other like businesses and/or around pre-existing public or private schools providing education in kindergarten or anv of grades 1 through 12. Further,there shall be a 500 foot buffer from public parks, plavgrounds, 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 propertv line of the proposed use to the nearest point of the propertv line of the pre-existing establishment or park. F n 3 FTM Ua 5 Z Cost — =i i 5 s � S/ � 8 G^ten TMa n ��rmr _ �D��➢ � _ 3 3 O N G n n n O O 0 Z o o c 5 o v o m A o NID o v Z L y W N ID m z C W N w m cn � c y o a C N n ei CD tz /