City Council - Ordinance Committee

CITY OF EASTHAMPTON PLANNING BOARD MINUTES 50 Payson Avenue, Easthampton, MA 01027 Meeting Minutes ___________Tuesday, April 13, 2020 **Joint Meeting Between Planning Board and City Council Ordinance Subcommittee Planning Board Chair: Jesse Belcher-Timme (JBT) Ordinance Subcommittee Chair: Salem Derby (SD) Planning Board Members: X Christopher Cockshaw X Harry Schumann (HS) X James Zarvis (JZ) (CC) Ordinance Subcommittee Members: X Tom Peake (TP) X Owen Zaret (OZ) Absent: None. Recording Clerk: Zoe Ingram City Planner: Jeff Bagg (JB) Assistant City Planner: Curtis Wiemann (CW) Guests: Attendance taken through live Zoom meeting. • Kevin Perrier • Jamie Webb • Ezra Parzybok • Jamie Paquette • Ryan Feyre 1. Call to Order: 6:00pm JBT by remote participation 2. Public Speak: • None 3. Planning Board Minutes: • None 4. ANRs • None 5. Public Hearing(s): 1. (Continued from February 16, 2021) Amend Section 7.3, Solar Energy Facilities such that new construction or expansion project buildings over 10,000 square feet or multi-unit housing over 10 units include solar power in 50% or more of usable roof space, or its equivalent. • OZ clarifies that this measure is more difficult than originally anticipated. o Framework to be reviewed with solar. o The Ordinance Subcommittee intends to step back and work with energy committee and Planning. o Overarching changes and updates, come up with something not as restrictive and hope to bring this discussion back to Ordinance and Planning Board in the fall. • Jamie Paquette confirms that the Energy Committee is interested in working on this with Ordinance and Planning. • JB - Planning Board is dealing with large scale solar projects and looking into incentive programs and agrees it is a good time to step back and get more information for regulations. OZ motions to withdraw without prejudice, TP seconds, SD agrees, all in favor by roll call vote to withdraw. 2. Amend Section 10.10 Adult Use Cannabis Establishments to allow for the creation of Marijuana Delivery and Marijuana Courier use categories and associated regulations, including amendments to Table 10-3: Off Street Parking Regulations. • OZ begins with slideshow overview of the proposed cannabis delivery ordinance. o Courier uses third party ordering system for orders (similar to DoorDash) and does not store marijuana, is not a retailer. o There will be 3 special permits available in Easthampton. o Zoning would be for downtown business but have parking spaces. o Fleet larger than 6 vehicles should use hybrid diesel or electric to reduce environmental footprint. • JZ points out there is no home office or structure involved with this; competition will define how many can survive in town. • JZ has question over the equity piece of couriers. He supports it, but with couriers, the percentage of minorities compared to those looking for jobs this may lead to stopping those that need a job. Requests more information on the 36- month time requirement from state. o OZ clarifies that minorities are part of the equity piece, but not the only piece. • JB gives Planning Department insight: o Trying the understand the process for how couriers will work. Does taking the delivery and returning to home count as home occupation? o Begins the review of current draft language. Believes another meeting will be needed to go over questions and finalize draft of notes.  o Boards may be revising table of uses for districts and the parking regulations. o Will the courier have to wait in line at the dispensary? Will there be 5- minute parking, will it be marked car - could be private car, but there will be state inspections and licenses? o Might not be consistency in type of vehicle. o Questions over the potential language for delivery operator. o Corrects former comments - Won’t be limited to number of deliveries - could have 20 deliveries in one route, but there is a monetary cap. o Hours should they default to CCC regulated hours with no local hours (8:00am-9:00pm) would they want to consider changing these hours? • Notification system for change in ownership • JZ would like to see the use of “pedal power” through bicycles if possible. o No more than one home occupation - can’t go home and get another bike if something happens? For cars it makes sense, but for a backup bike? Seems there is a lack of flexibility. o JB believes a bike is not an option because of regulations from the state. There will need to be options for locking. People will need to be prepared, cars will be inspected by CCC and registered. • CC thinks there is no traffic impact issues here. • JZ would like to discuss the hour of operation – 11:00pm makes more sense than 9pm, could use a buffer time for orders that come in later. o JBT agrees that it should be in line with retail hours, should there be a later buffer? o CC agrees that cut off should be 11:00pm for hours of operation with a possible small buffer of time. o OZ - transactions and order fulfillment should cut off at 11, deliveries can go slightly past that time as long as the business is willing to o JB - other outside delivery operators can come into Easthampton for the same timeframe, thinks it makes sense to match retail hours, time buffer is not necessary and is grounded in previous argument for retail hours of operation. • JBT points out if there are only 3 permits, they need to make sure all of them are able to use them, need legitimate proposals. o Ensure they have the space available - signed lease and property. o Ensure they are pre-qualified; state may be opening precertification. o Operating agreement • JZ - need an office that isn’t a home office? Ezra - CCC has no way to verify if there is a home office or not, dispatch is possible but then the cars would need to go back and forth. o Kevin Perrier (HighFive, Inc.) thinks it would be unrealistic to operate from home. • JZ - No more than 3 delivery permits should be a discussion in future. JBT agrees. Public Comments: • Kevin Perrier o HighFive, Inc Representative o Equity piece is 3-year limit that is a state regulation and is out of their control. o Believes it wouldn’t be profitable without a number of vehicles and certain volume, suggests no limit to size of fleet and base it on available parking spaces. o Hours should align with Easthampton hours in order to be competitive would like to see 10 or 11pm o Deliveries outside of Easthampton will be limited to another town’s/city’s hours. • Ezra Parzybok o Provisional license could help prevent businesses from holding a license, however the timeline for review of application for provisional license is unknown - could take 10-12 months. o Home occupation not allowed at state level. JZ motions to continue to May 11th, CC seconds, all in favor to continue to May 11th by roll call vote. TP motions to continue to May 11th, OZ seconds, all in favor to continue to May 11th by roll call vote. 6. New/Old Business • None JZ motions to adjourn, CC seconds, all in favor to adjourn by roll call vote. TP motions to adjourn, OZ seconds, all in favor to adjourn by roll call vote. Next Meeting: Tuesday, May 4, 2021 at 6 p.m. The Board typically meets the 1st and 3rd Tuesday of each month