ORDER-2019-31 : Amending Melrose Revised Zoning Ordinance, Chapter 235, Article XI to create a new Section 235-73.4 and amend Section 235-5 (Definitions), Section 235-16.1 (Site Plan Review), Section 235-17 (Table of Use and Parking Regulations) and Section 235-61 (Special Permit Granting Authorities) to regulate Marijuana Establishments

Transcript (~12 min @ 1:26:55)

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▶ 1:26:49 Speaker 11: move on to the calendar order 2 0 1 9 dash 31 amending Melrose revised zoning ordinance chapter 235 article 11 to create a new section 235 dash 73.4 and amend section 235-5 definitions section 235-16.1 site plan review section 235-17 table of use in parking regulations and section 235-61 special permit granting authorities to regulate marijuana

▶ 1:27:24 Kate Lipper-Garabedian: establishments adam and luper garabedian thank you i'd like to make an emotion at this time to amend the ordinance as we have it before us on in terms of the table on page three regarding marijuana related uses to amend to zone for all marijuana establishments only in the BB and I district so consistent with how we approached the retailers last week second alderman Letter Garabedian makes

▶ 1:27:50 Jennifer L. Lemmerman: a motion to further amend this order which came from the Appropriations Committee with recommended with amendments Alderman Lipper-Garabedian is making a motion to further amend as described seconded by Alderman Wright on

▶ 1:28:08 Kate Lipper-Garabedian: discussion Alderman Lipper-Garabedian thank you so I just wanted us to have an opportunity to be intentional whatever the decision of this group is because we just didn't have an opportunity to talk about this and I think it's a substantive enough issue for us to have a little bit of time with it as I mentioned at our Appropriations Committee we didn't really speak to the other types of establishments beyond the retailer and so those under our ordinance would be a cultivator which is a business that can cultivate grow and package and transfer marijuana products a product manufacturer which could obtain manufacture process package and transfer the products a research facility a testing lab and then the one that I continuously focus on personally is the transportation or distribution facility which can purchase obtain possess and temporarily store marijuana products so right now the ordinance we have before us would zone for any of these establishments to exist in any of our business districts for the most part which would include our downtown area it would include our area by Franklin Street all along the Tremont Essex corridor down by Pine Banks and you know personally I voted in favor of legalization but and I so but on this and maybe I come across a little bit as a Luddite but I also am an incrementalist and I think many of the concerns that we heard from the public are applicable not only to retailers but also to other establishments you know it's not just about traffic it's also just that our history as a city includes the fact that you cannot go out and have multiple alcoholic drinks right now we don't have any breweries in town we don't have distilleries in town we don't have packaged stores we don't store alcohol in places so you know I think it would be okay to start more conservatively and then decide over time as we learn more about these different establishments and the types of opportunities that they might have for our city as well as potential detriments we can then loosen up if we'd like and and you know i appreciate the opportunity for us just to talk this through um i we i know that we've heard from several individuals as a board as a the chair of the appropriations committee i also received a couple individual emails that sort of said my comments against a retailer stand for all these types of establishments downtown please don't put them there i'm happy to add those to the record the chamber of commerce uh you know decided that they didn't have sufficient time to make a determination on this i don't think they reached a true consensus um but you know it's something that they could continue to discuss as well so i'll rest there i'll stop there for now and just i appreciate the opportunity for us all to talk about this thank you alderman wright thank

▶ 1:31:11 Francis X. Wright Jr.: you madam president just echoing um the movers uh words um i just see this as something that you know we're stepping into an industry that we really don't know where it's going to go let's keep it zoned in areas that are going to have the least impact on our neighborhoods these are the industrial the heavy business zone and see how it goes and if we want to revisit this in a few years we can but for the time being let's go where it's going to have the least impact on our residents thank you

▶ 1:31:48 Michael P. Zwirko: thank you Alderman Tuerco Thank You madam president I just wanted to extend uh thanks to not only the mover uh alderman Letter garabedian but also uh alderman wright for looking at this incremental approach i think it serves a purpose at this time as well we we do get queried a lot outside of this chamber about what it is we can do to bring further commercial and industry to town and you know the voters spoke loud and clear in approving this back in 2016 but oftentimes we wrestle with how best to implement something and that's what we're doing here this evening so i think that this implementation inching along is is appropriate for the community and i'm happy to support this further amendment thank you madam president thank

▶ 1:32:39 Shawn M. MacMaster: you alderman mcmaster thank you madam president i applaud alderman lipa garabedian for drawing attention to this important part of the zoning proposal i'm in complete agreement with her position because for public safety purposes we should be as restrictive as possible when it comes to zoning for marijuana establishments i'm particularly uncomfortable with the area of ward 5 where non-retail marijuana establishments could go the bbi and bc zones are directly across the street from pine banks in the melrose ymca child care center at 106 main street it's directly across the street in fact that is within the bbi zone i can't stress this point enough all marijuana related establishments retail or otherwise are prime targets for an armed robbery there have been a slew of very serious very violent very well organized armed robberies in california colorado and nevada the planning board and those who support the marijuana industry have tried to assuage concerns about public safety by saying that security issues can be addressed through the special permit process but although this process can look to mitigate risk the The assumption of risk is inherently connected to the nature of the business, so risk will never be completely averted when it comes to marijuana establishments, regardless of the restrictions and regulations that are put in place. Security plans, security cameras, panic buttons, armed guards, banks all have these too, yet there were still approximately 4 000 bank robberies nationwide last year and we've had three in melrose over the last three years in fact everyone remembers in april of last year the td bank on main street just steps away from the police department was robbed my point is that all marijuana facilities have marijuana on site so retailers cultivators product manufacturers transportation and distribution facilities should be as far away from schools daycares parks and residential neighborhoods because of the risk for an armed robbery my point shouldn't be misinterpreted as me being in support of marijuana establishments in melrose but i do support the most restrictive regulations that we can set and i thank alderman lipa garabedian

▶ 1:35:26 Jennifer L. Lemmerman: for her amendment thank you madam president thank you any further discussion on the motion to amend

▶ 1:35:33 Manisha Bewtra: ultimate future thank you um i'm inclined to it sounds like the board is leaning towards supporting this amendment and um i just wanted to sort of state for the record that at the previous meeting when we discussed this i supported the planning board's initial proposal um i think that's sort of where my heart is but i'm very willing to yield to the will of the board at this point

▶ 1:36:00 Jennifer L. Lemmerman: for the more incremental approach thank you thank you any further discussion on the motion to amend

▶ 1:36:04 Kate Lipper-Garabedian: um just one thing i admit meant to say and i i know it's just for the the people watching at home um i am very much mindful as uh alderman's work will mention about the importance of the commercial districts and thinking about ways to encourage business here the retailer we would we will risk you know there is a tax incentive there for dispensaries but my understanding is with all these other establishments there's no additional sort of revenue opportunity for these other than just adding commercial space to our sort of portfolio of taxable property so you know we're not um giving up some sort of local tax bump like we would have perhaps what like perhaps we did with the dispensary um so i just wanted to make that point thank you sure on the motion

▶ 1:36:59 Jennifer L. Lemmerman: to amend the order all in favor aye any opposed the motion to amend passes the order is now before us as amended in committee and further amended this evening motion for passage as amended we

▶ 1:37:13 Jennifer L. Lemmerman: We have a motion for passage as amended, made by Alderman Zwirko. Is there a second? Second. Seconded by Alderman Wright. Any further discussion?

▶ 1:37:22 Shawn M. MacMaster: Alderman McMaster. Madam President, again, even though I supported the amendment, I just want to rest on the points I made at our Appropriations Committee meeting where we discussed this, and for the four reasons that I cited, I will be voting against any zoning proposal for marijuana establishments. Thank you, Madam President.

▶ 1:37:42 Jennifer L. Lemmerman: Thank you.

▶ 1:37:44 Francis X. Wright Jr.: alderman wright just for the record if we do not vote to zone then they these facilities just like in any situation where we don't zone something it can pop up anywhere so for the public to understand why we're voting to put this in a particular zoning district or zoning districts it means we we otherwise would have a situation where the industry could situate themselves anywhere within

▶ 1:38:15 Jennifer L. Lemmerman: the city thank you any further discussion this order does require a roll call vote it also

▶ 1:38:23 Speaker 3: requires a two-thirds vote of the board alderman Peter yes alderman voyzel yes alderman forbes yes alderman Letter garabedian yes alderman master no alderman medeiros yes alderman mortimer yes alderman chairman tozy yes alderman wright yes alderman Zwirko yes president Lemmerman yes

▶ 1:38:46 Speaker 6: the order passes ten to one

▶ 1:38:49 Jennifer L. Lemmerman: final order on our agenda for the full board this evening uh order 2019-49 in order to limit

▶ 1:38:53 Speaker 11: the location of any marijuana businesses in melrose to route 99 also known as the newbury