Minutes 10/23/18
This meeting was recorded for public access television.
Location: Town Hall Annex 246 Main Street
Open: 6:32pm
Present: Norm Anderson (chair), Shawn Moore, Marilyn Sidoti, David George (town planner), Tim Nahrwold (6:45pm arrival)
Guests: Ron Barron (CMRPC), Doug Briggs (RDIC), Jeff Stillings (BOS), Anita Carlson (Town Clerk), Patty Roy (The Landmark), Bonnie Besse, Brian Fleckenstein, Anita Fleckenstein, Nick Monaco (RPD), Carol O’Malley, Scott Leslie, Carol Martens (FinCom), Jay R. Helle, Peter Craine (ConCom), David Dolan, Brenda and Alan Savoie, Skip Clark (BOS), Leah Whiteman (BOS), Lawrence Cook (AMP), Jared Donald (AMP)
New Solar Projects: Five new Site Plan Review applications have been submitted for solar projects. They are located at 90 Bushy Lane (ZPT), 258 E. County Road (ZPT), 101 Glenwood Place Extension (ZPT), 199 Glenwood Road (AMP), and 29 Campbell Court (AMP). Dave has reviewed them for completeness. Shawn made a motion to accept the applications as complete. Marilyn 2nd, all in favor. (Note: Tim was not present for this vote.) The board decided to schedule the public hearings for November 27th at 7:00pm, 7:05pm, 7:10pm, 7:15pm and 7:20pm. Lawrence Cook, the construction project manager for AMP, and Jared Donald from AMP expressed concerns about the timeline. The block for the Smart Program opens on November 26th. There is a 5 day window for the applicants to
submit. They would need the permit within this period. Norm explained that this would not be enough time. If there are no problems with the proposal, the board could potentially vote to approve it on 11/27/18. However, the notice of decision would not be drafted until (at the earliest) the following meeting on 12/11/18 and there is a 21 day appeal period after that point. They requested that a rush be made on posting the minutes showing approval. It was explained that only draft minutes could be made available. The site walks for the 5 new solar projects were set for October 29th at 2pm. The order of the site walks and public hearings will be determined and posted on the town website and the applicants will be notified.
The board reviewed the minutes from the 10/9/18 meeting. Shawn motioned to accept the minutes, Marilyn 2nd. Norm, Shawn and Marilyn voted favorably. Tim abstained. The board reviewed the minutes from the 10/17/18 meeting. Shawn moved to accept the minutes, Marilyn 2nd. Norm, Shawn and Marilyn voted favorably. Tim abstained.
ANR: An ANR at 7 and 9 Prospect was submitted by Jay, Christine and Beverly Helle Trustee. Check #980 in the amount of $400.00 from Jay Helle was accepted by the board. It was a simple ANR just involving removing a lot line. Marilyn made a motion to endorse the ANR. Tim 2nd, all in favor. The board signed the ANR.
Recreational Marijuana Public Hearing: The hearing was to inform the residents of proposed amendments to the Town of Rutland’s Zoning Bylaw and a potential new section, Article XII, Marijuana Establishments.
Introduction: Norm notified the public that the meeting was being recorded for local access television and he read the legal notice. There will be a number of articles on the warrant for the Special Town Meeting to be held on November 19th at 6:30pm at Naquag Elementary School regarding recreational marijuana usage and the construction and operation of Licensed Marijuana Establishments (LMEs). Copies of the proposed articles were available for hearing attendees to take and additional copies can be obtained from the planning board office or town clerk’s office during normal business hours. The articles have been through preliminary legal review. There will be an article which simply asks for a prohibition of LMEs. If this does not pass then the articles which regulate the LMEs will be
proposed. If the prohibition passes, then the town will recommend no action be taken on the articles of regulation. The articles address issues such as allowed locations of non-medical marijuana facilities, whether or not retail facilities will be allowed in town, potential taxes on LMEs and also a potential general bylaw prohibiting non-medical marijuana. A zoning bylaw prohibiting LMEs would require a 2/3 majority vote. Based on a previous vote in town, it appears the residents are more evenly divided in opinion on this topic. General bylaws require a simple majority vote. There are proposed articles for general bylaws on the warrant as well. The current recreational marijuana moratorium expires on December 31, 2018. If no local bylaws are put into place before this point, then the town will be subject only to state law. The town would have no control on location, types of establishments, taxation, etc. The proposed articles available were written by the Bylaw
Subcommittee and recommended by the Planning Board to the Board of Selectmen (BOS). The BOS has final say on what gets placed on the warrant. There has been discussion about a possible public consumption general bylaw. Nothing formal has been submitted to date. Shawn Moore recused himself for the remainder of the hearing due to a potential conflict of interest.
Public comments and questions:
- Nick Monaco, Rutland Police Chief, questioned if a marijuana retailer would be a separate entity or if it could be sold at a convenience store. He was informed that it would need to be its own entity and that ID would be required at the entrance. Children are not allowed in marijuana retail shops. Secret shoppers are set up by the state to ensure compliance with this regulation.
- Carol Martens (Finance Committee) asked if there has been research done as to the impact of such facilities on town services such as police, fire, road maintenance (due to increased traffic), etc. Marilyn stated that no such studies have been done by the town. Marilyn believes that towns can be reimbursed for 3 years for impact done to the town. Ron Barron, from CMPRC, said it is hard to compare Massachusetts to other states and that the studies have not been very useful. It is very new in the Commonwealth and there hasn’t been time for sufficient studies to be done. Ron stated that 3% of sales can go back to the town to mitigate impact costs incurred.
- Leah Whiteman (BOS) asked for more information on the districts that would potentially allow LMEs and the distance from them to local schools. Norm responded with the Planning Board’s recommendations for locations if the following LMEs are allowed:
Craft Marijuana Cooperatives - Light Industrial and Light Industrial/Office Zones
Marijuana Cultivators – Light Industrial and Light Industrial/Office Zones
Marijuana Product manufacturers - Light Industrial and Light Industrial/Office Zones
Marijuana Retailers - Town Center II and Village Center District
(Marilyn noted this is more than the state required 500 feet distance from the schools.)
Marijuana Independent Testing Laboratory – Light Industrial, Light Industrial/Office, Heights Planned Development District, and Village Center District
Marijuana Microbusiness – Light Industrial, Light Industrial/Office and Village Center Districts
Marijuana Research Facility – Light Industrial, Light Industrial/Office and Heights Planned Development District
Marijuana Transporter – Light Industrial and Light Industrial/Office
Norm said the proposal would have no more than five LMEs total in town at one time.
- Resident question – what is a Marijuana Microbusiness? Ron Barron responded that he believes you can grow up to the first tier, 5,000 square feet of total canopy. You can have a manufacturing business without a separate license and you can purchase a limited quantity of marijuana wholesale. This is like the craft beer of marijuana. It is a small, self-contained operation. This is wholesale only, not retail.
- Doug Briggs (RDIC) wanted to make it clear in writing in the bylaw that if Marijuana Facility applicants want to build in the Heights Planned Development District (HPDD) they also need to obtain approval from HPDD. Norm noted that site plan review and special permits are required for all LMEs. Norm read from the proposed Article XII, “The Special Permit Granting Authority (“SPGA”) for purposes of this article shall be one of the following: (1) The Planning Board, when the Planning Board is the authority for the Zoning District in which the LME intends to operate, or, (2) A joint, temporary body consisting of the Planning Board and the authority for the Zoning District in which the LME intends to operate.” Doug was not totally satisfied by this as HPDD is an independent evaluation source. Norm feels this language covers
this scenario and that the applicant must receive approval from both bodies in order to be granted the permit.
- Carol Martens requested that the zoning maps be made public, perhaps in the newspaper, before the public hearing. Tim stated that the maps are already on the town website. (Note: www.townofrutland.org – listed as Rutland Zoning Map on the Planning Board page)
Carol Martens questioned if there had been interest of applicants in the town that the board was aware of. Both the Planning Board and RDIC have been approached by one potential cultivator applicant. Norm noted that most marijuana cultivation is not done in open fields, but rather in indoor facilities with controlled conditions.
Brenda Savoie thanked the board for their comprehensive report. She asked if an establishment could go up in a residential neighborhood. Norm replied that some areas listed (such as VC and TCII) have mixed use properties and therefore it is possible. However, there will be no facilities in R40 or R60 zoning districts.
Jay Helle questioned if there are have studies on the economic impact that marijuana may provide to the town. Ron Barron said that the impact fees can be collected for up to 5 years and that possibly this can agreement can be renegotiated after the five years. The 3 percent tax would be permanent. Norm said there are a lot of unknowns at this point and the impact costs versus benefits cannot be determined at this time. Ron clarified that tax only applies to retail sales. Norm stated that tax would go into the town’s general fund.
Jeff Stillings (BOS) raised the issue of the federal statutes being in conflict with state law. Ron Barron agreed that there is the possibility that the federal government could crack down on states for allowing marijuana sales. The state is prohibiting traveling across state lines. Norm believes that since Rutland is following State regulations the feds would need to come down on the state and not the individual towns. Ron believes if they do go after cities/towns – it would be a larger community such as Boston and not a small town such as Rutland.
David Dolan asked – Will there be a limit to the size of the potential facilities if they are allowed in town? Norm said that he feels putting a specific size limit would be arbitrary. Marilyn stated there are limitations due to the size of the zones currently in place. It was noted that marijuana is not considered agricultural and cannot be put in 61A areas.
Jeff Stillings – Are there background checks for applicants required? Ron answered yes – this is state requirement.
Peter Craine noted that subletting will not be allowed with the proposed bylaws. Each site would only have one license (one licensee) permitted.
Brian Fleckenstein asked if applicants would be taken on a first come/first served basis. Norm said yes. Peter explained that the number of retail establishments is fixed as 20% of the liquor establishments or off site consumption facilities in town. Therefore, at the present time, no more than one potential retail LME could open in town.
Carol Martens questioned Nick Monaco (RPD) as to the know impact to police from LMEs. He said that he didn’t have any data, but was only concerned with the retail shops. Leicester is opening one shortly and he hopes to have some information to bring to town meeting regarding how their opening went. He does not foresee any major issues.
Nick Monaco questioned what mechanisms are in place to regulate the establishment once it opens up to ensure compliance with local and state regulations. Ron said that special permits can be revoked for applicants not following laws/regulations. Law enforcement can also report businesses to the Cannabis Control Commission who can revoke their license to operate as well. Ron said there are nuisance regulations. The applicants have to provide impact studies with traffic studies and predicted impacts on road/sidewalks etc. The town can send in minors as secret shoppers to ensure that ID is being requested. On site security guards are mandated.
Scott Leslie questioned if proceeds from marijuana taxes would have to be put in separate bank as he heard that some banks will not accept money associated with LMEs due to the Federal Statute. Ron Barron said that it is the LMEs that can only work with certain banks. The town would have this money as part of the general fund and should be able to continue banking as usual.
Norm reminded everyone to please come to the Special Town Meeting on November 19th where these articles will be voted on.
Tim made a motion to close the public hearing. Marilyn 2nd, all in favor.
Public Hearing Closed at 8:16pm
Bob Reed (interim Town Administrator) is concerned about the changes made to the articles after legal review. Bob Reed would like the proposed bylaw amendments to be reviewed by legal counsel before being presented at the town meeting. Tim made the following motion at the request of the Planning Board chair: The board votes to submit the version of Article XII: Marijuana Establishments, as most recently revised by the Bylaw Subcommittee, to Town Counsel for final review and edits and that the Planning Board agrees to accept any changes made by Town Counsel as final. Marilyn 2nd, all in favor. It was agreed that if Town Counsel adds anything they board is uncomfortable with they can ask for an amendment during the town meeting.
There was a brief discussion about a change occurring at Brice Lemon. Clea was informed that any work done with Quinn and Planning Board approval is done at his own risk.
Norm motioned to close the meeting. Marilyn 2nd, all in favor.
Close: 8:33pm
Respectfully submitted,
Laurie Becker, Secretary
Minutes approved on 11/13/18
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