HomeMy Public PortalAboutPlanning Board -- 2017-10-11 Agenda TOWN OF BREWSTER
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PLANNING BOARD
NOTICE OF PUBLIC HEARING
The Brewster Planning Board will hold a public hearing on WEDNESDAY, October 19, 2017, beginning
at 7 : 00 pm in the Brewster Town Office Building at 2198 Main Street , Brewster, MA . The following will
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be heard :
Proposed Annual Town Meeting Articles : The Public Hearing will be held for consideration of
Zoning Bylaw amendments to be submitted as three ( 3) Articles on the Town of Brewster' s Town
meeting warrant . The proposed Zoning Bylaw amendments are as follows :
ZONING BYLAW AMEN DMENT/Mariivana Establishments
ARTICLE NO . 13 : To see if the Town will vote to amend Chapter 179 of the Brewster Town Code ,
Zoning , Article IX , Section 179 -38 . 1 by adding a new Section , 179 -38 . 2 , Marijuana Establishments ,
that would provide as follows , and further to amend the Table of Contents to add Section 179 -38 . 2 ,
" Marijuana Establishments " :
§ 179 -38 . 2 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 of Brewster.
Or to take any other action relative thereto .
ZONING BYLAW AMENDMENT/Temporary Moratorium on Recreational Mariivana
Establishments
ARTICLE NO . 14 : To see if the Town will vote to amend Chapter 179 of the Brewster Town Code ,
Zoning , Article IV, Section 179 - 14 by adding a new Section 179 - 14 , Temporary Moratorium on
Recreational Marijuana Establishments and further to amend the Table of Contents to add Section
179- 14 , "Temporary Moratorium on Recreational Marijuana Establishments" :
SUMMARY
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 ( 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 Bylaw , a non -medical Marijuana Establishment ( hereinafter, a
" Recreational Marijuana Establishment" ) , as defined in G . L . c . 94G § 1 , is not specifically addressed .
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 Bylaw 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 bylaws in a consistent manner. The moratorium shall be in effect through December 31 , 2018 .
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Or to take any other action relative thereto .
ZONING BYLAW AMENDMENT/Site Plan Review
ARTICLE NO . 15 . To see if the Town will vote to amend the Code of the Town of Brewster, Chapter
179 , Article XII , Site Plan Review.
SUMMARY
The primary purpose of amending this bylaw is to remove the discretionary Special Use Permit '
requirement for projects that require Site Plan Review which have been identified as allowed by right
per the Table of Use Regulations (§ 179 - 11 ) . Changes also include updating existing standards in the
bylaw and making housekeeping changes .
Or to take any other action relative thereto .
Copies of the proposed amendments are available for viewing with the Town Clerk and in
the Planning Department at Town Hall Monday - Friday between the hours of 8 .30 am and
4:00 pm. You may email comments to brewplan@brewster-ma. gov.
Brewster Planning Board
Richard Judd , Chair
*Please note : Warrant article numbers are subject to change. *