Town Council - Ordinance & Rules Committee

Braintree Town Council MEMBERS David Ringius, Jr, Chairman Committee on Ordinance & Rules Shannon Hume, Vice- Chairman One JFK Memorial Drive Julia Flaherty, Member Braintree, Massachusetts 02184 Charles Ryan, Member October 18, 2022 MINUTES A meeting of the Committee on Ordinance & Rules was held in Johnson Chambers on Tuesday, October 18, 2022, beginning at 6:30pm. Chairman Ringius was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call to begin the meeting Present: David Ringius, Jr, Chairman Shannon Hume, Vice-Chairwoman Julia Flaherty, Member Charles Ryan, Member Also Present: Nicole Taub, Chief of Staff David Ringius, Jr, Chairman of the Committee on Ordinance & Rules asked for a moment of silence for our first responders and all those serving home and abroad. Approval of Minutes • May 25, 2022 A Motion was made by Councilor Hume to Approve the Minutes of May 25, 2022 Motion: by Councilor Hume to Approve the Minutes of May 25, 2022 Second: by Councilor Ryan Vote: For (4 – Flaherty, Hume, Ringius, Ryan), Against (0), Absent (0), Abstain (0) • June 1, 2022 A Motion was made by Councilor Hume to Approve the Minutes of June 1, 2022 Motion: by Councilor Hume to Approve the Minutes of June 1, 2022 Second: by Councilor Ryan Vote: For (4 – Flaherty, Hume, Ringius, Ryan), Against (0), Absent (0), Abstain (0) October 18, 2022 Committee on Ordinance & Rules 1 of 3 Old Business • None New Business • 22 049 Mayor: Amendment to General Ordinance 5.600.010 (Prohibition of marijuana establishments) or take up any action relative thereto Nicole Taub stated General Ordinance 5.600.010 currently prohibits the operation of any marijuana establishments in the Town of Braintree. Specifically, the ordinance prohibits the operation of any marijuana establishment, including, without limitation, "a marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business." This prohibition does not apply to medical marijuana treatment centers. As you are aware, the Town Council voted on August 2, 2022, to modify the Town's existing Zoning Ordinances relative to adult use or non-medical marijuana from a blanket prohibition, similar to the one contained in the General Ordinance, to a comprehensive ordinance allowing for certain non-retail marijuana uses. The amendments also provide further guidance for medical marijuana treatment centers. The Zoning Ordinance, as amended, continues to prohibit Marijuana Retailers, as defined by M.G.L. c. 94G, s. 1, while allowing for certain non-retail uses to be allowed by special permit. As a result of the zoning amendments, the general ordinance requires revision in order to allow for uses consistent with the zoning ordinance. As drafted, the ordinance continues to specifically prohibit any marijuana retailer. A marijuana retailer is defined by M.G.L. c. 94G s. 1 as "an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers." This will not impact the revisions to the zoning ordinance and specifically the allowance of cultivation and delivery by special permit. Therefore, your review and approval of the revised General Ordinance 5.600.010 is requested. Chairman Ringius stated this will continue to prohibit any retail sales. This general ordinance requires revision in order to allow for uses consistent with the zoning ordinance that was voted on August 1, 2022. October 18, 2022 Committee on Ordinance & Rules 2 of 3 Chairman Ringius asked if there is a motion Order 22 049. Motion read by Councilor Hume for favorable recommendation to the full Council MOTION: to amend general ordinance 5.600.010, Prohibition of marijuana establishments as submitted. A Motion was made by Councilor Hume Motion: by Councilor Hume for favorable recommendation to the full Council to approve Order 22 049 as submitted Second: by Councilor Ryan Vote: For (4 – Flaherty, Hume, Ringius, Ryan), Against (0), Absent (0), Abstain (0) It was unanimously voted by Roll Call to adjourn the meeting at 6:45 p.m. Respectfully submitted, Susan M. Cimino, Clerk of the Council Documents provided for Meeting • 22 049 Mayor: Amendment to General Ordinance 5.600.010 (Prohibition of marijuana establishments) or take up any action relative thereto October 18, 2022 Committee on Ordinance & Rules 3 of 3