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April 24, 2013
Warrant Committee
April 24, 2013
Fortieth meeting

Present:        J. Wilson, D. Turner, G. Noonan, K. Sorgi, C. Tougias, K. Chase, F. Kelly, T. Hays, R. Boehler

Absent:         N. Bourque, R. Hallisey, J. Creedon, C, Cahill, J. Wilkins Nkwah, S. Genega

Reserve Fund:           $331,794.75
Set Aside (Police)              $125,000.00
Set Aside (131 Eliot)   $ 73,278.00
                        $133,516.75

  • Chair Wilson called the meeting to order at 7:34 pm in the Carol Blute Conference room.  
  • On a motion made by Member Tougias and seconded by Member Hays the meeting minutes from 3/4/13 were approved. 7/0/1
  • Chair recognized Tom Hurley, Chair of the Board of Selectmen to discuss the set aside for 131 Eliot Street.
  • On a motion made by Member Turner and seconded by Member Sorgi, the Warrant Committee voted to release $68,278 of the 131 Eliot Street set aside back to the reserve fund; while leaving $5,000 for a title search of 131 Eliot Street.  8/0/0
  • Chair Wilson thanked Mr. Hurley for attending the meeting.
  • Chair Wilson recognized Jack Grant, Fire Chief to discuss a Reserve Fund Transfer in the amount of $32,000 for overtime for the Fire department.
  • On a motion made by Member Turner and seconded by Member Chase the Warrant Committee approved a Reserve Fund Transfer in the amount of $32,000 for the Fire Department overtime. 8/0/0
  • Chair Wilson thanked Chief Grant for attending the meeting.
  • Chair Wilson recognized Ewan Innes, past Chair of the Warrant Committee. Mr. Innes discussed with the committee the process in how a Warrant Committee must proceed through a budget process, if a contingency override budget is necessary.
  • After a lengthy discussion Chair Wilson thanked Mr. Innes for attending the meeting.
  • On a motion made by Member Hays and seconded by Member Turner the Warrant Committee voted 8/0/0 to recommend on Article 42 of the ATM warrant that the town vote vote to amend Section 10 of the General Bylaws, known as the Zoning Bylaws, by adding the following Section XIV:
SECTION XIV  TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT CENTERS

1.      PURPOSE
By vote at the State election on November 6, 2012, the voters of the Commonwealth approved a law regulating the cultivation, distribution, possession and use of marijuana for medical purposes.  The law became effective on January 1, 2013 and the Massachusetts Department of Public Health is required to issue regulations regarding implementation within 120 days of the law’s effective date.  Currently under the Zoning Bylaws, a medical marijuana treatment center is not defined and is not a permitted use in the Town.  Any regulations promulgated by the Massachusetts Department of Public Health are expected to provide guidance to the Town in regulating medical marijuana, including medical marijuana treatment centers. The regulation of medical marijuana raises novel and complex legal, planning, public safety and public health issues.  The Town needs time to study and consider the regulation of medical marijuana treatment centers and to address such novel and complex 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 Bylaws regarding regulation of medical marijuana treatment centers and other uses related to the regulation of medical marijuana.  A temporary moratorium on the use of land and structures in the Town for medical marijuana treatment centers will allow sufficient time for the Town to conduct a comprehensive planning process to address zoning issues related to this use and to enact bylaws in a manner consistent with sound land use planning goals and objectives.

2.      DEFINITION
“Medical marijuana treatment center” shall mean a “not-for-profit entity, as defined by Massachusetts law only, registered by the Massachusetts Department of Public Health, 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 caregivers.”

3.      TEMPORARY MORATORIUM
For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaws to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a medical marijuana treatment center.  The moratorium shall be in effect through June 30, 2014. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of medical marijuana and of medical marijuana treatment facilities in the Town, shall consider the Massachusetts Department of Public Health regulations regarding medical marijuana treatment centers and related uses, and shall consider adopting new zoning bylaws to address the impact and operation of medical marijuana treatment centers and related uses.

  • On a motion made by Member Tougias and seconded by Member Chase the Warrant Committee 8/0/0 to recommend on Article 39 of the ATM warrant that the town vote to appropriate the sum of $250,000 for the Reserve Fund for extraordinary or unforeseen expenditures for the twelve month period beginning July 1, 2013; and that to meet said appropriation the sum of $250,000 is to be transferred from the Overlay Reserve.


  • On a motion made by Member Turner and seconded by Member Hays the Warrant Committee voted unanimously to adjourn at 10:52 pm. 8/0/0
Reserve Fund:           $299,794.75
Set Aside (Police)              $125,000.00
Set Aside (131 Eliot)   $     5,000.00
                        $169,794.75

Respectfully submitted,
Tricia Cahill, Warrant Committee Clerk