City Council

337 CITY OF SALEM NOVEMBER 27, 2017 CONTINUATION OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD A continuation of a Joint Public Hearing of the City Council and Planning Board was held in the Council Chamber on Monday, November 27, 2017 at 6:30 P.M. for the purpose of discussing amendments to Zoning Map for the following: • Section 3.0 – Table of Principal & Accessory Uses relative to Marijuana Cultivator, Manufacturer, Testing Facility & Retailer • Section 6.0 – Special Regulations relative to Marijuana Establishments • Section 10.0 – Definitions relative to Marijuana terms and definitions Notice of this meeting was posted on November 16, 2017 at 10:21 A.M. Councillor Ryan and Lovely were recorded as absent. Councillor Famico arrived at 6:35 P.M. President Elaine F. Milo presided. President Milo introduced the members of the Planning Board. Also in attendance was the Asst. City Solicitor, Chief of Police, Erin Shaffer Planning Dept. The Mayor arrived at 6:45 PM Councillor Dibble asked for a moment of silence for #564 - SECTION 3.0 – TABLE OF PRINCIPAL AND ACCESSORY USES RELATIVE TO MARIJUANA Erin Shaffer – Planning – Why NRCC was not included was because the NRCC is a separate Zoning Ordinance not related to the table of uses. Councillor Dibble – NRCC need clarification, is it a zone? Why wouldn’t it be included. Erin Shaffer – because it is a separate and distinct zone Councillor Dibble – stated he isn’t clear if we need to include it 338 CITY OF SALEM NOVEMBER 27, 2017 CONTINUATION OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD Councillor Eppley – stated it doesn’t make sense not to bring it up, Medical Marijuana is in the NRCC Councillor McCarthy – the table is before us only, it’s not part of the table of Principal and Accessory Uses Councillor Turiel – it should be part of this table. There is plenty of industrial area in the NRCC. We should have the whole picture before us. It would be in the best interest of this discussion. Councillor Eppley – stated he was on vacation for the last meeting. His concerns are with any Marijuana facility the state has no regulations at this time. It is putting the cart before the horse. Don’t see the hurry on this. A new council should be addressing this. The decision should wait. Councillor Furey – disagrees. We are responsible now if they come in and we don’t have guidelines. We need guidelines. Chief Butler – Salem Police – As long as it is done in a timely manner. Councillor Turiel – the state said regulations will be done by March, it is to our advantage to do it sooner than later. Councillor Furey – requested that the Mayor be allowed to speak. Mayor Driscoll – thoughts are we should be clear. This is not the final, just to get the ground rules. There are two thoughts relative to the B-5, the activities that are in the downtown may take step back until we get a handle on this. We know there is interest for this industry. There would only be three (3). The Medical Marijuana has first choice for retail. Councillor Gerard – asked Erin Shaffer going back to the NRCC, the Medical Marijuana facility is in the NRCC and may be a good spot for this type of business. Mayor – Thanked the Asst. Solicitor, Chief of Police and Erin Shaffer for the work and drafting. NRCC has existed in our zoning but purposely from the table of uses. NRCC should be put in a parking lot for now and do some work on the NRCC that doesn’t work well. Councillor Dibble – following up with the Mayor, what if we don’t regulate it.  339 CITY OF SALEM NOVEMBER 27, 2017 CONTINUATION OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD Erin Shaffer – the NRCC is protected currently, we wouldn’t allow these uses. Mayor – without taking a hard look at the NRCC it needs work. There are things that conflict in the NRCC. Erin Shaffer – there are split roles in the NRCC from Board of Appeals and Planning Board. We have questions about the functions. Councillor Gerard – stated that she would like to help work on it. Councillor McCarthy – for clarification, none of us wants to belay this, but we want a reasonable Ordinance on the books ready. NRCC is a large portion of the city. Mayor - NRCC has a defined use. Councillor McCarthy – stated at some point if we add the language to this that it’s not allowed Mayor – that can be stated Councillor Famico – the Table three years ago was updated for breweries. The NRCC says other uses as determined above or building inspector. Mayor – responded the use is defined Councillor Famico – stated it would be smart to include the NRCC, it’s close to the downtown and has different resources. Should be discussed soon than later. Mayor – there is an active citizenry that would like to weigh in on the NRCC Councillor Turiel – we need to get back on focus. We all would like to see the NRCC be taken up. But what is before us it would not be allowed in the NRCC. We need to focus back. Councillor Gerard – let’s talk about changing the B-5 to BA Mayor – the fear is there is a lot going on in the downtown. There is a lot of interest but they have to work with the City. What would it mean for safety. If the City Council feels B-5 to be included, we will make it work. 340 CITY OF SALEM NOVEMBER 27, 2017 CONTINUATION OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD Councillor Turiel – given the concern about the B-5, he doesn’t have concerns in the downtown and would like an amendment to allow it in B-5. He supports testing it in the B-5. Manufacturing in B-2 not allowed but cultivation is in B-2 and B-4. Would think it to be in more rural areas. Councillor Eppley – question what do we do with package store in B-5, is it a right. Mayor – it’s state regulations Councillor Eppley – this should be in line with package stores as of right in the B-5. Would this go before the Licensing Board? Mayor / Asst. Solicitor – No control for Licensing – state is licensing Councillor Eppley – nothing is at right, this is a problem Mayor – it’s local options. It’s a special permit. It is a helpful way to engage neighbors in the process Councillor Famico – asked about State Building Code for hazard materials is this part of this? Mayor – the raw materials is not flammable Erin Shaffer – We are not there yet Councillor Dibble – stated that he received correspondence from Salem State University President who is not in favor of this in the SSU area. Should have a distance to protect parks, playgrounds, schools etc. The four new Councillors should have a say in this. This should be continued to January. This needs tweaking. Also include to increase 1,000 feet from parks, schools, playgrounds and SSU. Mayor – we are trying to be mindful of all of this. Like a package store, this is why you need the Board of Appeals involved. A letter of Non-opposition is part of the state requirement. It needs the support of the City Council and the Mayor. Adding additional footage may do more harm than good. We are only 8 square miles.  341 CITY OF SALEM NOVEMBER 27, 2017 CONTINUATION OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD Councillor Dibble – follow up, not in favor of being allowed near the University, parks, playgrounds and schools. Councillor Eppley – issue of set-back for the University, I have a problem with that. These are young adults, they can drink at age 21, vote and smoke. There will be a set-back of Horace Mann. Councillor Turiel – before us is the Table of Uses. We are mixing the different Ordinances. In section 6.10.6, c-5 shows where it is not allowed. It has been law that you are allowed to smoke marijuana over age 21. But there is not provision for the sale/retail. Councillor Famico – question for Ward 7 Councillor or Asst. Solicitor, within 500 feet is that rental use or grandfathered use. Asst. Solicitor – Any uses 500 feet comes from the Law. We can reduce the 500 feet but not increase for Schools K-12. Councillor Famico asked who gets notice Mayor – property owner but it can go to the renter also. Councillor Famico – What is the definition of Park and Playground. Asst. Solicitor – we have a dedicated park list. Mayor – If it’s owned by the City it’s dedicated park or city land Councillor Famico asked for the list Councillor Gerard – the Medical Marijuana Facility in Ward 6 is 500 feet from a park/playground and I have never heard complaints about the facility. Keep the playground in. Councillor McCarthy – agrees, but we have Salem Willows. There are children in the summer. I would appreciate the definition but there is no playground in the park. Mayor – we are trying to design this in 8 square miles. There will be only 3 licenses. The key is the letter of non-opposition which allows us to keep on top of where the facility goes. 342 CITY OF SALEM NOVEMBER 27, 2017 CONTINUATION OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD Councillor Dibble – we have an upcoming public hearing allowing to adopt a small farm with that if they are allowed will they be exempt or could they become a marijuana farm. Erin Shaffer – Marijuana is not an agricultural use. It is not a crop. OPEN TO THE PUBLIC APPEARING IN FAVOR Polly Wilbert – 7 Cedar Street – Parks in conjunction with the University a marijuana free zone. If students want to consume they will then be in the surrounding neighborhoods, parks and open space. The burden will be on the neighborhoods. Gary Gill – 12 Pope Street – the reason we are here is the stigma that surrounds this. Fawaz Abursharkh – 4 Harrison Road, Medical Marijuana I have no problem, recreational I have a problem with. Can we restrict it to medical and not grant by right to be recreational. Councillor Turiel – with medical they have to have an agreement with the City APPEARING OPPOSED NONE Councillor Eppley – feedback should have the Board of Appeal for B-1 I hope the new Council supports this. B-5 should allow use of on-site consumption. Councillor Turiel – No issue with B-1 needing approval of the Board of Appeal, and No problem with on site consumption Councillor Sargent – B-1 it should be consistent with alcohol, B-2 is allowed alcohol, liquor sales are allowed in B-5 Councillor Furey – B-5 should not be allowed, there are a lot of children at PEM every day. It sends the wrong message.  343 CITY OF SALEM NOVEMBER 27, 2017 CONTINUATION OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD Councillor Dibble – stated he is against sale in B-1. They abut residential neighborhoods Councillor Turiel moved that the hearing be closed. It was so voted Councillor Turiel moved that the matter be referred to the Planning Board for their recommendation. It was so voted. Councillors Dibble and Eppley were recorded as voting opposed. #565 - SECTION 6.0 – SPECIAL REGULATIONS RELATIVE TO MARIJUANA ESTABLISHMENTS Councillor Dibble – change the 1,000 feet and University’s add word park before playground. Councillor Turiel – we cannot amend the ordinance at the public hearing Councillor Famico – what can be done by the Planning Board Asst. Solicitor – the planning board has 21 days to submit their recommendation to the city council. Councillor Eppley – Item 12 strike or amend to allow for consumption in some areas Councillor Sargent – amend not near funeral home. Councillor Famico – parkland or playground limit locations, you become survival of the riches. Whatever emergency plan go before the fire dept. and file with the State for safety plans. Councillor Eppley – Cultivation 6.10.9 small grower can’t afford 344 CITY OF SALEM NOVEMBER 27, 2017 CONTINUATION OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD Erin Shaffer – cultivator are large 10 square feet or larger. They have to use alternative use for electricity consumption. Councillor Turiel – I am comfortable with that requirement Councillor Eppley - for small grower, test and retail Kirt Reider – we are clear on the playground, park, green space is unclear. OPEN TO THE PUBLIC APPEARING IN FAVOR: Polly Wilbert – 7 Cedar Street – she stated that she had public safety concerns for Medical Marijuana. If the applicant wanted to open at a property near her with no second egress. We need clarity. Michael Latulippe – 190 Bridge Street – You can’t use Colorado as an example, they are rural and have to use alternative energy. Cultivators should not have limit under 10,000 square feet. The city can zone in agricultural zone. Councillor Famico – Zoning Ord. 6.10.3 would a bakery fall under that? Asst. Solicitor replied yes Kirt Reider – asked if that would include candy Asst. Solicitor responded yes. No one was recorded in opposition. Councillor Turiel moved that the hearing be closed. It was so voted. Councillor Turiel moved that the matter be referred to the Planning Board for their recommendation. It was so voted.  345 CITY OF SALEM NOVEMBER 27, 2017 CONTINUATION OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD #566 - SECTION 10.0 – DEFINITIONS RELATIVE TO MARIJUANA Councillor Turiel – asked about the definition for a testing facility Planning Board Member – asked that Parks, Open Space can they be legally defined in this section Asst. Solicitor – We can take a look at that Councillor Dibble – there is a list we can add listing of the parks and add it to the list. Councillor Sargent – Parks have to be accepted by the State where children congregate Kirt Reider -need clarity regarding Conservation Zone, Salem Woods, Ward 7 is difficult to encapsulate Asst. Solicitor – one thing to keep in mind Parks and Playgrounds the State Law won’t allow for it to be less than 500 feet of Park and playground. Councillor Turiel – having more clarity to what is a park will also trigger notice to abutters. Insert text to list of parks. Councillor Eppley – definition of playground a ballfield or skatepark Councillor Dibble – Where children congregate. Also lands owned by the Conservation Commission. Councillor Famico – there is 500 foot buffer limits. Erin Shaffer – confused parks and playgrounds you notify abutters this comes from State Law Councillor Famico – Parks and Playground Commission will be notified property owner and user Councillor Dibble – Dale Yale and Chief St. Pierre asked for a map of illegally sold drugs around Salem Schools. It’s easy to create with GIS 500 ft. or 1,000 ft. 346 CITY OF SALEM NOVEMBER 27, 2017 CONTINUATION OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD Councillor McCarthy – We are on 10.0 Definitions. Define playgrounds for this section. Matt Veno, Planning Board member – asked Asst. Solicitor to help define when we meet. APPEARING IN OPPOSITION NONE Councillor Turiel moved that the hearing be closed. It was so voted Councillor Turiel moved that the matter be referred to the to the Planning Board for their recommendation. It was so voted On the motion of Councillor Furey the hearing adjourned at 8:50 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK