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HomeMy Public PortalAboutPlanning Board -- 2017-12-20 Minutes 048V 0'1% E"ws%r:�0,,, Brewster Planning Board Approved : 1 /10/18 �p°O�` of •`° ` •• �� �G 2198 Main Street Vote : 7-0 -0 3 ` + ; = Brewster, MA 02631 -1898 ( 508 ) 896 -3701 x1133 BRENIS % T014 CLERK G brewplan@brewster-ma . gov U%0ovianei i n u unm����\o� BREWSTER PLANNING BOARD ' lei FEB151007hli MEETING MINUTES Wednesday, December 20 , 2017 at 6 : 30 pm Brewster Town Office Building Vice Chair Kari Hoffmann convened the Special Planning Board meeting at 6 : 33 pm in the Brewster Town Office Building with members : Roberta Barrett, Scott Collum , Charlotte Degen , Madalyn Hillis- Dineen , Elizabeth Taylor and Paul Wallace , Also present: Katherine Laughman , Town Counsel , Ryan Bennett , Town Planner and Lynn St . Cyr, Senior Department Assistant . The Chair read the Recording or Taping Notification : "As required by the Open Meeting Law we are informing you that the Town will be audio and video taping this public meeting . In addition , if anyone else intends to audio or video tape this meeting he or she is required to inform the chair. " 6 : 35 PM PLANNING BOARD WORKING SESSION TO DISCUSS ZONING FOR RECREATIONAL MARIJUANA ESTABLISHMENTS Hoffmann summarized the agenda for the meeting and noted that this meeting was meant to be educational in nature and that no deliberations would take place . Town Staff and Town Counsel will be presenting and public comment will be taken on the content of the presentations . At a later date , a public hearing will take place and the public is also welcome to submit comments to the Planning Department by e- mail . Staff presentation on DRAFT zonina bvlaw amendment framework Bennett noted that the Cannabis Control Commission will begin issuing licenses for recreational marijuana establishments on April 1 , 2018 and currently the Town does not have zoning for these establishments . Bennett provided a framework for amending the zoning bylaw. She explained that there are five (5) recreational marijuana establishments the Board will need to review for zoning purposes : 1 . Marijuana cultivators 2 . Marijuana product manufacturer; 3 . Independent testing laboratory ; 4 . Marijuana retailer; and 5 . Any other licensed recreational marijuana establishment . Applicants will receive licenses through the state but will still need to go through local permitting processes which in addition to the Planning Board may include the Conservation Commission , Board of Health and Historic District Committee . Bennett explained that the Planning Board has to amend Brewster Zoning Bylaw Chapter 179 , Section 11 : Table of Use Regulations and must also create a new zoning bylaw with standards of review for recreational marijuana establishments . Bennett noted that medical marijuana is allowed by Special Permit in the Village Business , Commercial High Density and Industrial zoning districts . Barrett asked if all five (5) categories of recreational marijuana establishments require state licenses and Bennett confirmed that they all required a state license . Review Plannina Board meetina schedule to develoo zoning article for Special Town Meetina on March 12t" , 2018 Bennett reviewed a timeline for the Board 's work on zoning for recreational marijuana establishments . It included the following proposed dates : 1 / 10/ 18 : Regular meeting of the Planning Board to develop zoning article 1 / 17/ 18 : Special Meeting of the Planning Board to finalize zoning article 1 /22/ 18o Town Warrant closes 1 /24/ 18 : Planning Board to host information session PB Minutes 12/20/17 Page 1 of 4 1 / 17-2/7/ 18 : Public outreach/Community meetings 2/7/ 18 : Special Meeting of the Planning Board (possible change to Monday , March Stn) for public hearing Bennett noted that the board must decide on the number of zoning articles it will propose and provide purpose statements for those articles by January 22"d , the date on which the Warrant closes . Bennett noted that due to the schedule , the final article and votes taken would not be reflected in the Town Warrant , The Board discussed moving the Special Meeting on Wednesday , February 7th to Monday , February 5th . Dave Whitney , Select Board Member, noted that there is a Select Board Meeting tentatively scheduled for March Stn Motion by Collum to Take a Brief recess . Second by Degen . Vote : 7=0 -0 . Planning Board meeting in recess at 6 : 66 pm . The Planning Board meeting reconvened at 7 : 03 pm . Uadate from Town Counsel on Cannabis Control Commission ' s reaulations Katherine Laughman of KP Law summarized the organization of the Cannabis Control Commission , their responsibilities and the status of their work to date . Laughman explained that the Commission is working on a set of draft regulations which are expected to be available at the end of December. There have been public hearings on the draft regulations and she expects additional public hearings to take place . Laughman described the licensing process and explained that once an applicant applies with the state , the state will send a request to the town to certify that the application complies with local zoning regulations . If the state does not receive a response from the town within a designated time frame , they will assume local zoning regulations have been met . Laughman explained that towns are able to prohibit recreational marijuana establishments in their entirety or limit to some extent . Brewster voted against a ban and did not support a moratorium so they can limit the establishments to some extent . Laughman referenced the 20% limitation meaning that that town would not be allowed to have more than 20% of the number of liquor retailers currently in town . In Brewster' s case , if this requirement was in place , 1 recreational marijuana retailer would be allowed . There is also the option to limit the number of recreational marijuana retailers instead of following the 20% requirement . Laughman noted that if the number of liquor retailers increased so too would the number of recreational marijuana retailers . Since Brewster voted no on Question 4 , they can include limiting language in their bylaw if completed by December 31 , 2019 , After December 31 , 2019 , a ballot vote would be necessary . Barrett confirmed with Town Counsel that the limitation on the number of marijuana establishments in town only applied to marijuana retailers . Laughman discussed the marijuana cultivator license and explained that marijuana cultivation would be highly regulated . Most cultivation will be done indoors as regulations for outdoor cultivation are still needed . Cultivation will occur is warehouse type facilities . Laughman explained that a separate license was needed for each marijuana establishment so , for example , a retail license would not cover cultivation . Laughman discussed the license application currently pending before the state for a Brewster location . Laughman explained that it is a medical marijuana application that has received a provisional certificate from the state . As she understands it , the applicant is also considering applying for a recreational marijuana retail license . Laughman discussed the buffer that applies to marijuana establishments . She explained that for medical marijuana , the default buffer is 500 feet from all public and private schools , daycare facilities , dance schools , child gym facilities , places where afterschool activities are regularly held and other places where children commonly congregate . Laughman noted that for medical marijuana , she has seen municipalities create buffers greater than 500 feet . She noted that current regulations state that the Cannabis Control Commission shall not approve any license that is within 500 feet of a pre-existing public or private school . She stated that she did not expect the recreational marijuana regulations to increase the buffer zone . PB Minutes 12/20/17 Page 2 of 4 Laughman noted that marijuana was not subject the state agricultural exemption but could have local exemptions if adopted by the municipality . There was discussion as to whether municipalities could cultivate marijuana . Laughman discussed social consumption of marijuana and stated that a citizen ' s petition had to be brought forward and a ballot vote was needed for consumption in public places to be allowed . Enforcement of public consumption regulations is through the police and is not a zoning issue . Bennett referred the Board to Massachusetts General laws Chapter 94 G , Section 13 and stated that public consumption was prohibited and a penalty of not more than $ 100 could be enforce on anyone consuming marijuana in a public place . Captain Heath Eldredge spoke regarding public consumption and noted that the Brewster Police Department does not have specific prohibitions on public consumption but there are restrictions on tobacco smoking which the police will use for public marijuana consumption . Laughman noted that consumption was not a zoning bylaw issue but a general bylaw issue . Laughman discussed the permitting process at the municipal level . She noted that the Planning Board could propose the process and state whether applications can be allowed by right , Special Permit or Site Plan Review. Bennett noted that the Site Plan Review process would capture any new use . Laughman referred the Board to Massachusetts General Laws Chapter 94G , Section 3 on Local Control . She noted that the Board could restrict recreational marijuana establishments to certain zoning districts , however, if there were any applicants who received a medical marijuana license prior to July 1 , 2017 , recreational marijuana could not be restricted in the zoning district in which the medical marijuana license was issued . Barrett asked about the process for a medical marijuana licensee to expand to recreational marijuana . Laughman noted that a license would be needed from the state and a permit from the municipality . Bennett noted that the applicant could file to modify their special permit or file for a new use . Laughman suggested a special permit for a new use would be the best practice . The Board asked for clarification on the limitation to the number of recreational marijuana retailers in town . Laughman responded and noted that the state has placed a restriction on the number of recreational marijuana retailers in any municipality to fewer than 20% of the number of licenses issued in the municipality for retail sale of alcoholic beverages . The municipality can also choose to impose a different limitation however, the statute does not specifically address a municipality imposing their own limits so Laughman cannot say whether the limits would be allowed . Barrett asked if there was a cap on package store licenses and Laughman stated that those licenses were usually capped based on population . Captain Eldredge stated that there are 9 licenses for the town- 7 licenses are annual and 2 are seasonal . Currently , 6 of the annual licenses have been renewed for the upcoming year. According to the state formula (based on population) , Brewster is only allowed 5 licenses plus 2 licenses that are grandfathered licenses . Based on the current population , the number of retail liquor licenses cannot be expanded . The Board sought clarification as to whether non -retail marijuana establishments had retail options . Laughman explained that each use required a separate license so the establishment would need to apply for each license separately . Collum asked if recreational marijuana retailers would be allowed to sell other products and Laughman stated the current regulations allow for the sale of " marijuana products" which includes edibles , beverages and topical products such as ointments . The Board discussed security requirements for these retail establishments and Laughman noted that she expects many restrictions and high security requirements as the retail establishments will be all cash transactions . Collum asked what would happen if state regulations conflicted with town regulations and Laughman stated that generally speaking the state regulations would trump the local regulations . The Board discussed tax revenue as a result of the sale of recreational marijuana and Laughman stated that the town had the right to impose up to 3 % sales tax on consumers . Laughman noted that this option would PB Minutes 12/20/17 Page 3 of 4 need to be adopted at Town Meeting . Laughman discussed Host Community Agreements which would be negotiated through the Select Board and could be a requirement imposed on all applicants . Collum asked how other uses for recreational marijuana would be permitted and Bennett suggested a special permit would be necessary . Wallace asked how long state approval was good for and how that played into the Planning Board permitting process . Laughman explained that once approved by the state , the approval would be good so long as the licensee continued to pay the renewal fees . Barrett asked for clarification on the licensing process . Laughman noted that the town will be asked to take a look at zoning once an application is received by the state and provide the state with a letter of zoning compliance . The state will issue a provisional certificate at which time the applicant will proceed to obtain local permits . Once local permits are received , a final certificate will be required from the state . Laughman noted that the town would have 60 days to respond to the state's request for information on zoning compliance . If no response is received within 60 days , the state will assume the applicant is in compliance with local zoning ordinances . The meeting was opened for public comment . Jim Foley , a member of the Select Board , asked for clarification on the 20% limitation rule and necessary bylaw amendments . Laughman noted that both general bylaw and zoning bylaw amendments would be necessary . In addition to two zoning bylaws , a general bylaw amendment was necessary for placing a limit on the number of recreational marijuana retail establishments as well as an amendment to add a sales tax to recreational marijuana sales . Dave Whitney , a member of the Select Board , asked for clarification on the Community Host Agreements and Laughman explained that the agreements would be negotiated with Town Administration , the Select Board and the applicant . Whitney also inquired about Nantucket' s recreational marijuana bylaw and Laughman stated that the bylaw has not yet been approved by the Attorney General . Lucas Dinwiddie , a Brewster resident , expressed concern over the possibility of more than one recreational marijuana retailer being allowed in Brewster and urged the Board to take all necessary measures to limit recreational marijuana retailers to one . Bennett responded that the Board had options to adopt the 20 % rule or impose another limitation and to require the applicant to apply for a special permit. Taylor asked for clarification on the limits that could be placed on other recreational marijuana establishments . Laughman responded that only the retail use could be limited by number and other uses could be restricted through zoning . Public Outreach Strateav Hoffmann referred to the draft schedule provided in the meeting packet and noted that public meetings would be taking place with different groups throughout town . Hoffmann noted upcoming Planning Board meetings and the public hearing that is expected to take place on Monday , March 5'h . She encouraged the public to submit any questions and comments they have to the Planning Department . Motion by Collum to Adjourn . Second by Barrett. Vote : 7=0 -0. Meeting adjourned at 8 : 39 pm . Next Planning Board Meeting Date : 1 /10/18 Respectfully submitted , Charlotte Degen ; P nning Board Clerk PB Minutes 12/20/17 Page 4 of 4