Minutes - Monday 5 June 2017Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 5 June 2017 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3 Floor Council Chamber
Called to Order @ 7:05 PM
Roll Call: John P. Frates Jr. (absent), Scott D. Houseman -Vice President, David J. Lang,
James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St. Hilaire, Jason C. Silva
(absent), Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Council Vice President Houseman
Moment of Silence: Council President requested a Moment of Silence for Louis J.
Turlo, Beverly Fire Department (retired)
Comments by Citizens (subject to the conditions contained in Appendix A
to the City Council's Rules and Orders): Anyone who would like to speak at the Meeting
has until 9:30AM on the day of the Meeting to register with the City Clerk. (Limit of 3 @ 5 minutes each):
None
Resolutions: None
Presentations, Awards & Memorials:
1. Salem Sound Coastwatch Interns — Brittney New & Kevin MacDonald — Ban
on Plastic Bags
Acceptance of Minutes of Previous Meeting:
1. Monday, 15 May 2017 - Regular Meeting
2. Tuesday, 30 May 2017 — Special Meeting
Vote to Approve: 7 -0
Communications from His Honor the Mayor:
June 5, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I am pleased to inform you that the City of Beverly, through the Beverly Airport, has received a
Mass -DOT Aeronautics Grant from the Massachusetts Department of Transportation in the amount of
$25,000. With your approval, this grant will be used to fund engineering for removal and
replacement of the airport's motorized gate and pedestrian gate. The grant will assist in bringing the
airport into compliance with security requirement of the FAA. Massachusetts General Law Chapter
44 Section 53Arequires both council and mayoral approval before any grant or gifts to the city can
be expended for their prescribed purpose. I therefore request the council approve this grant by taking
action on this matter at your upcoming meeting of the City Council on June 5, 2017. Thank you.
Sincerely yours,
Michael R Cahill
Mayor
Referred to Finance & Property
#425
June 5, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
As we approach the end of Fiscal Year 2017, I am requesting an appropriation of our free cash
reserves for a number of capital projects identified below. The timing of these projects make it
necessary to request the funding prior to the close of FYI at which point the free cash reserve
becomes unavailable until certification from the Division of Local Services later in this calendar year.
The total appropriation request is for $1,650,000 from the City's general fund balance or as it is
commonly referred to, free cash.
$450,000 of the appropriation will be used to pay costs associated with roof work at the Department
of Public Works. The council had previously authorized a loan order in the fall of 2016 for this work.
This appropriation will utilize our fund balance for the work as opposed to borrowing. This order
will rescind the original loan authorization.
The electrical switches at the High School have been problematic since the building was opened. I
am requesting that $300,000 of this appropriation be used to rectify that situation and repair the
electrical system at the high school.
This request also includes $500,000 for repair and construction of athletic fields on the high school
campus. The track surface has exceeded its stated useful life and is in need of replacement and the
construction of two on campus softball fields will be undertaken with these funds as well.
$400,000 of this appropriation request will be transferred to our road and sidewalk fund to support
the upcoming construction season. The City is expecting to receive roughly $1M in state Chapter 90
funds and we have requested $13M within the FYI city operating budget. In total, this additional
$400,000 would make roughly $2.7M available for road and sidewalk work this coming season.
I respectfully request your approval of this appropriation from the city's free cash balance to fund the
noted initiatives. This appropriation will require a public hearing be set and notice of that hearing be
properly advertised at least 10 days prior to final council action on the order.
Sincerely yours,
Michael P. Cahill,
Mayor
Ordered: That the City appropriates the sum of Four Hundred Fifty Thousand dollars
($450,000) to pay the costs of roof repair work at the Department of Public Services
Campus, and to meet said appropriation the Treasurer is authorized to transfer said sum
from the city's existing free cash reserve balance. Provided that the previously authorized
loan order #235 for the same amount is hereby rescinded.
Ordered: That the City appropriates the sum of Three Hundred Thousand dollars
($300,000) to pay the costs of electrical repair work at the Beverly High School campus,
and to meet said appropriation the Treasurer is authorized to transfer said sum from the
city's existing free cash reserve balance.
Ordered: That the City appropriates the sum of Five Hundred Thousand dollars
($500,000) to pay the costs of athletic field work on the High School Campus, and to meet
said appropriation the Treasurer is authorized to transfer said sum from the city's
existing free cash reserve balance.
Ordered: That the City appropriates the sum of Four Hundred Thousand dollars
($400,000) to be transferred to the City Road and Sidewalk Repair fund, and to meet said
appropriation the Treasurer is authorized to transfer said sum from the city's existing
free cash reserve balance.
Referred to Finance & Property to Set a Public Hearing
#426
June 5, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I am pleased to inform you that the City of Beverly, through our Commission on Disabilities and IT
Department, has received a Municipal ADA Grant from the Massachusetts Office on Disability in the
amount of $2,803. With your approval, this grant will be used to purchase a new assisted listening
system for City Hall. The new system will provide eight additional assisted listening devices and is
portable, allowing for use at off -site public meetings. Massachusetts General Law Chapter 44 Section
53Arequires both council and mayoral approval before any grant or gifts to the city can be expended
for their prescribed purpose. I therefore request the council approve this grant by taking action on
this matter at your upcoming meeting of the City Council on June 5, 2017. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#427
June 5, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint subject to your review and recommendation Mr. Mark S. Ianuzzi, 29 Granite
Street, Peabody, MA 01960 to serve as Constable in the City of Beverly for the express purpose of
serving Civil Process.
Attached is Mr. Ianuzzi's application, which has been approved by Police Chief John LeLacheur.
Mr. Ianuzzi's term will be effective from June 30, 2017 until June 30, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Attachment
Referred to Legal Affairs
#428
June 5, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint subject to your review and recommendation the following citizens to serve on the
Conservation Commission:
Christine Bertoni 62 Hart Street, Beverly
Jenna Pirrotta 94 Brimbal Avenue, Beverly
Richard Grandoni 58 Neptune Street, Beverly
Their terms are be effective from June 30, 2017 until June 30, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Referred to Legal Affairs
#429
June 5, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint, subject to your review as provided in Sec 2 -10 and Sec 3 -3 of the Beverly City
Charter, Bruce Doig to serve as Beverly's Director of Parks, Recreation and Community Services for
a period of three years.
His term is to be effective from June 3, 2017 until June 3, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Referred to Public Services
#430
June 5, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review as provided in Sec 2 -10 and Sec 3 -3 of the Beverly City
Charter, Michael Collins to serve as Beverly's Director of Engineering, Commissioner of Public
Services, Public Works, for a period of three years.
His term is to be effective from June 17, 2017 until June 17, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Referred to Public Services
#431
June 5, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint subject to your review and recommendation Mr. Richard S. Kelley, 2 Goodwin
Road, Beverly to serve on the Beverly Licensing Board.
His term is to be effective from June 30, 2017 until June 30, 2023.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Referred to Legal Affairs
Public Hearing:
1. 7:30 PM - #420 — Lightower Fiber Networks — 85 Sam Fonzo Drive - Public
Hearing Held and closed, referred back to Public Services
2. 7:40 PM - #421 — Lightower Fiber Networks — L. P. Henderson Road & 85 Sam
Fonzo Drive - Public Hearing Held and closed, referred back to Public
Services
Communications from other City Officers & Boards:
#1448
Planning Board Recommendation — Affordable Housing
Referred to Legal Affairs
#374A
Planning Board Recommendation — Activated Ground Floor Uses
Referred to Legal Affairs
#386A
Planning Board Recommendation — Recreational Marijuana Moratorium
Referred to Legal Affairs
#432
Councilor Martin — Appointment — OSRC — David Alden-St. Pierre, Ward 5 Representative
Referred to Legal Affairs
Council President entertained a Motion to accept a Late File from the Salem &
Beverly Water Supply Board — Approved — Vote: 7 -0
LATE FILE - #433
Communication — Salem & Beverly Water Supply Board — Budget Meeting
Received and Placed on File — Vote: 6 -1 (Councilor LanceAgainst)
Communications, Applications & Petitions:
#434
Communication — WorldTech Engineering — Intersection Improvements @ 3 Locations —
MASS -DOT Project #608347
Referred to Public Services
#435
Application for License — Fortuneteller — Sophia Andrionopoulos, 11 Sunset Drive (Renewal)
Referred to Legal Affairs
Council President entertained a Motion to accept a Late File from former Ward 1
Councilor, Maureen Troubetaris — Approved — Vote: 7 -0
LATE FILE - #436
Communication — Ryal Side Civic Association — Invitation — 4 11 of July Parada
Received and Placed on File — Vote: 7 -0
Unfinished Business (Final Passage):
#401
The Committee on Legal Affairs, to whom was referred the matter of Communication — Assistant City Solicitor —
Amendment to the Veterans Advisory Committee, have considered said matter and beg leave to report as follows:
Submit the Accompanying Amended Ordinance and Recommend its Adoption pending Publication & Final
Passage:
ORDERED: Be it ordained by the City Council of the City of Beverly as follows:
In the year two thousand and seventeen
An Ordinance amending an Ordinance relative to:
Article II of Chapter 15 -48 of the 2016 revised Code of Ordinances of the City of Beverly:
By amending § 15 -48 of the Beverly General Code by adding the following sentence at the end of
§15-48(a):
"Full -time municipal employees are eligible to be appointed to the Veterans Advisory Committee."
As amended, the ordinance will read:
§15 -48 Veterans Advisory Committee
A. Establishment; composition. There is hereby established a Veterans Advisory Committee. This
Committee shall consist of 13 total members serving without compensation, who shall be appointed
by the Mayor, subject to confirmation by the City Council for a term of three years. Initial
appointments of members shall be for staggered terms. At least a majority of the total members shall
at all times be veterans. The Director of Veterans' Services shall serve, by virtue of office, as a
member of the Committee. The Veterans' Graves Officer appointed by the Mayor according to § 58-
45 shall also serve as a member of the Committee. Members may be removed in accordance with the
provisions of the City Charter. Notwithstanding § 15 -8, the Mayor may appoint, subject to
confirmation by a two - thirds vote of the City Council, members who are not residents of the City of
Beverly. Full time munic are eligible to be appointed to the Veterans Advisory
Committee.
B. Authority and responsibilities.
(1) The Veterans Advisory Committee shall act in an advisory capacity to the Mayor, City Council,
and other interested departments, boards, commissions or committees and to the citizens of Beverly
relative to any and all matters concerning military veterans.
(2) A majority of the appointed members presently named and serving on the Committee shall
constitute a quorum. A majority of the members presently named and serving on the Committee shall
be necessary for the approval or disapproval of any recommendation.
(3) The Committee shall, at its first meeting, vote to elect a Chair, Vice Chair and Secretary of the
Committee. The Committee shall adopt rules and regulations for keeping accurate minutes of its
meetings.
(4) The Committee's functions shall include, but are not limited to, the following:
(a) The Committee shall serve as a resource to the City of Beverly and the public. The Committee
may provide education and support to help raise awareness on veteran - related matters.
(b) The Committee shall provide the public with contacts to agents of federal, state and local agencies
that provide services to veterans and their families.
(c) The Committee shall assist The City of Beverly's Director of Veterans' Services in coordinating
annual and ad hoc veteran - related community events, such as parades, remembrances or other such
events.
(d) The Committee shall provide continuing oversight of the condition of each of the several veterans
memorials of the City and shall from time to time, not less frequently than annually, file a report with
the Director of Veterans' Services with recommendations as to any needed repairs, upkeep,
maintenance and improvements to such memorials as in its judgment may be necessary or advisable.
Whenever the Committee believes an expenditure of funds in excess of ordinary maintenance is
required to be made, it shall submit its report containing such recommendation in time to be
considered as part of the capital improvement plan.
First Reading: Monday, 1 May 2017
Second Reading: Monday, 15 May 2017
Published in the Salem News on Friday, 5 May 2017.
Final Passage: Monday, 5 June 2017
Order read once and adopted — Vote: 7 -0
#405
The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Rand — Removal
of Handicap Sign — 18 Porter Street, have considered said matter and beg leave to report as follows:
Submit the Accompanying Amended Ordinance and Recommend its Adoption pending Publication & Final
Passage:
ORDERED: Be it ordained by the City Council of the City of Beverly as follows:
In the year two thousand and seventeen,
An Ordinance amending an Ordinance relative to:
Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ",
Amending Section 270 -49 as follows:
DELETE: Porter Street At approximately 18 Porter Street
First Reading: Monday, 1 May 2017
Second Reading: Monday, 15 May 2017
Published in the Salem News on Friday, 5 May 2017.
Final Passage: Monday, 5 June 2017
Order read once and adopted — Vote: 7 -0
Reports of Committees:
#424
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — GRANT —
MASS -DOT Aeronautics for Beverly Regional Airport, have considered said matter and beg leave to report as
follows, to wit:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 7 -0
#425
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — FY2017
Projects, have considered said matter and beg leave to report as follows, to wit.
Submit the accompanying order and recommend its adoption:
Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, 19 June 2017 at 7:45
PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA relative to the following:
Ordered: That the City appropriates the sum of Four Hundred Fifty Thousand dollars
($450,000) to pay the costs of roof repair work at the Department of Public Services Campus,
and to meet said appropriation the Treasurer is authorized to transfer said sum from the city's
existing free cash reserve balance. Provided that the previously authorized loan order #235 for
the same amount is hereby rescinded.
Ordered: That the City appropriates the sum of Three Hundred Thousand dollars ($300,000) to
pay the costs of electrical repair work at the Beverly High School campus, and to meet said
appropriation the Treasurer is authorized to transfer said sum from the city's existing free cash
reserve balance.
Ordered: That the City appropriates the sum of Five Hundred Thousand dollars ($500,000) to
pay the costs of athletic field work on the High School Campus, and to meet said appropriation
the Treasurer is authorized to transfer said sum from the city's existing free cash reserve
balance.
Ordered: That the City appropriates the sum of Four Hundred Thousand dollars ($400,000) to
be transferred to the City Road and Sidewalk Repair fund, and to meet said appropriation the
Treasurer is authorized to transfer said sum from the city's existing free cash reserve balance.
Order read once and adopted — Vote: 7 -0
#426
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Grant —
assisted Listening device for City Hall $2,803, have considered said matter and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 7 -0
#144A (2 Reading)
The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning Director —
Proposed Zoning Amendment — Article XV — Affordable Housing ( "Inclusionary Housing Ordinance "), have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adtoption, pending Publication and Final
Passage:
PROPOSED ZONING AMENDMENT
March 30, 2017
The Beverly Planning Department hereby submits a proposed amendment to the Beverly
Zoning Ordinance Chapter 300, Article XV — Affordable Housing ( "Inclusionary Ordinance ").
The following amendments are proposed:
0 Amend Section 300 — 103: [Applicability] the amendment will lower the threshold for
residential development projects that are subject to Inclusionary Housing requirements from
10 or more dwelling units to 6 or more dwelling units. Section 300 — 103 is to be amended
as follows:
A. This article applies to any development that results in or contains 146 or more residential
dwelling units. The types of development subject to the provisions of this article include,
without limitation, the following:
1. A division of land resulting in the creation of ' '41 - -r or more residential lots.
Developments shall not be segmented to avoid compliance with this Section.
"Segmentation" shall mean divisions of land that would cumulatively result in
an increase of 1— (4 -0 -) or more residential lots above the number existing
on a parcel of land or contiguous parcels in common ownership or control twenty -four
months prior to the application. Where such segmentation
occurs, it shall be subject to 34.1Article XV. A subdivision or
division of land shall mean any subdivision as defined in the Subdivision Control
Law, Chapter 41, Sections 81K -81GG of the Massachusetts General Laws, or any
division of land under Chapter 41, Section 81P of the Massachusetts General
Laws, when such division of land results in lots for residential use.
2. New residential construction or new mixed -use construction that includes ten (10 )6 or
more dwelling units.
3. A development of 10 1101 E or more new dwelling units that involves the redevelopment,
reconstruction or rehabilitation of an existing multi - family
building or structure, if such development results in an increase of or
more units in the number of dwelling units in the original structure.
4. A development that will change the use of an existing building from nonresidential to
residential use.
B. This Section does not apply to nursing homes, projects meeting the definition of
subsidized elderly housing or congregate elderly housing, nor to the rehabilitation of
any building or structure wholly or substantially destroyed or damaged by fire or
other casualty; provided, however, that no rehabilitation nor repair shall increase
the number of dwelling units on the lot as existed prior to the damage or
destruction thereof, except in conformance with this Section. (Ord. No. 72, 7 -9 -09)
C. Any other development with dwelling units to which this Section does not
otherwise apply may elect to be subject to this Section, provided the
development meets all applicable requirements herein. Special permits
authorized under this Section for developments with (ta)' or more dwelling
units may also be granted to any other development with dwelling units, in the
discretion of the Planning Board.
Amend Section 300 — 104: [Housing Affordability] the amendment will introduce
additional levels of affordability for meeting on -site affordability requirements of the
Inclusionary Ordinance. Section 300 — 104 is to be amended as follows:
A. Except as provided below, each affordable unit created under this Section shall be sold or
rented by using one of the following affordability scenarios:
1. to No less than twelve percent (12 %) of dwelling units shall be affordable
to a household with income at or below 80% of the area median income that
applies to subsidized housing in the City of Beverly, as reported annually by
the U.S. Department of Housing and Urban Development (HUD), adjusted for
household size.
2. No less than eight percent (8 %) of dwelling units shall be affordable to a
household with income at or below 60% of the area median income that
applies to subsidized housing in the City of Beverly, as reported annually by
HUD, adjusted for household size.
3. No less than ten percent (10 %) of dwelling units shall be affordable to
household hen an applicant provideswhere at least one -half of the
required affordable units for households with income at or below '.Of'% of area
median income, the remaining affordable units may be sold or rented to
households with incomes up to 105 of area median income, adjusted for
household size, subject to approval by the Planning Board.
B. In the instance of a fraction, a fraction of a lot or dwelling unit shall be
rounded up to the nearest whole number. Nothing in this section shall
preclude a developer from providing more affordable housing units than
required hereunder.
C. Development projects creating or containing six to nine dwelling units as
established in Section 300— 103 shall provide one affordable unit sold or rented
to a household with income at or below 80% of the area median income that
applies to subsidized
housing in the City of Beverly, as reported annually by (HUD), adjusted for
household size.
Amend Section 300 — 106: [Minimum Percentage of Affordable Units] by
eliminating the section in its entirety, and incorporating its provisions within Section 300
—104.
* Amend Section 300 — 108: [Methods for Providing Affordable Units] the amendment
will allow donation of land for purpose of creating affordable housing units for both home
ownership or rental residential units. The ordinance would amend Subsection B(3) as follows:
Donation of developable land in the City of Beverly to the Beverly Housing
Authority, the Beverly Affordable Housing Coalition, Inc. or a comparable
entity determined at the discretion of the Planning Board, provided the
receiving organization agrees in writing to accept the land and the
applicant demonstrates to the Planning Board's satisfaction that said land
is developable for an equivalent number of affordable units in
conformance
with the Beverly Zoning Ordinance, ,,...ply— erfy --
Donated land need not be located in
the same zoning district as the development, and shall be subject to a deed
restriction limiting its use to mixed - income or affordable housing.
First Reading: 3 April 2017
Second Reading: 5 June 2017
Publication in the Salem News: 9 June 2017
Final Passage: 19 June 2017
Order read once and adopted — Vote: 7 -0
#1446
The Committee on Legal Affairs, to whom was referred the matter of Communication – Planning Board –
Recommendation re: 2017 -144A "Affordable Housing:, have considered said matter and beg leave to report
as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 7 -0
#386 (2 Reading)
The Committee on Legal Affairs, to whom was referred the matter of Communication – Planning director –
Zoning Amendment – "Recreational Marijuana Sales ", have considered said matter and beg leave to report
as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final
Passage:
Ordered:
Article XVII
Section 300 -22
Temporary Moratorium on the Sale and Distribution of Recreational Marijuana until December
31, 2018.
1. Purpose.
310
By vote at the State Election on November 8, 2016, the voters of the Commonwealth of
Massachusetts approved a law (Ballot Question 4) regulating the cultivation, distribution,
possession and use of marijuana for recreational purposes. In Beverly, Ballot Question 4 passed
with 54.3% of the electorate voting in favor and 44.1% voting opposed to the measure. The law
went into effect on December 15, 2016. Pursuant to Chapter 334 of the Acts of 2016, as
amended by Chapter 351 of the Acts of 2016, the Cannabis Control Commission is required to
promulgate regulations regarding implementation of Marijuana Establishments for non-
medically prescribed marijuana ( "Recreational Marijuana Establishments ") by March 15, 2018
( "CCC Regulations "). The CCC Regulations are expected to provide guidance to the City in
regulating Recreational Marijuana Establishments.
Currently, Chapter 300 of the City's General Code (the City's Zoning Ordinances) does
not identify Recreational Marijuana Establishments (defined below) as permitted uses, nor are
there specific restrictions on such use. The regulation of Recreational Marijuana Establishments
raises novel and complex legal, planning, and public safety issues. The City needs time to study,
consider, and engage in decision - making regarding this new use and is awaiting the CCC
Regulations for its consideration in that process. Additionally, the City needs time to address the
potential impact of the CCC Regulations on local zoning and to undertake a planning process to
consider amending the City Zoning Ordinances in order to regulate Recreational Marijuana
Establishments, as well as other uses related to the sale and distribution of recreational
marijuana.
The City hereby adopts a temporary moratorium on the use of land and structures in the
City for Recreational Marijuana Establishments in order to allow the City sufficient time to
engage in a planning process to address the effects of such structures and uses in the City and to
adopt provisions of the Zoning Ordinances in a manner consistent with sound land use planning
goals and objectives.
2. Definitions.
"Hemp ", the plant of the genus Cannabis or any part of the plant, whether growing or not,
with a delta -9- tetrahydrocannabinol concentration that does not exceed 0.3 per cent on a dry
weight basis of any part of the plant of the genus Cannabis, or per volume or weight of marijuana
product, or the combined per cent of delta- 9-tetrahydrocannab inol and tetrahydrocannabinolic
acid in any part of the plant of the genus Cannabis regardless of moisture content.
311
"Manufacture ", to compound, blend, extract, infuse or otherwise make or prepare a
marijuana product.
"Marijuana " - "all parts of any plant of the genus Cannabis, not excepted below and
whether growing or not; the seeds thereof, and resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or
resin including tetrahydrocannabinol as defined in section 1 of chapter 94C of the General Laws;
provided that "Marijuana" shall not include: (1) The mature stalks of the plant, fiber produced
from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the
seeds of the plant or the sterilized seed of the plant that is incapable of germination;
(2) Hemp; or
(3) The weight of any other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink or other products.
"Marijuana accessories ", equipment, products, devices or materials of any kind that are
intended or designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing
marijuana into the human body.
"Marijuana cultivator ", an entity licensed to cultivate, process and package marijuana, to
deliver marijuana to recreational marijuana establishments and to transfer marijuana to other
recreational marijuana establishments, but not to consumers.
"Marijuana product manufacturer ", an entity licensed to obtain, manufacture, process and
package marijuana and marijuana products, to deliver marijuana and marijuana products to
recreational marijuana establishments and to transfer marijuana and marijuana products to other
recreational marijuana establishments, but not to consumers.
"Marijuana products ", products that have been manufactured and contain marijuana or an
extract from marijuana, including concentrated forms of marijuana and products composed of
marijuana and other ingredients that are intended for use or consumption, including edible
products, beverages, topical products, ointments, oils and tinctures.
"Marijuana testing facility ", an entity licensed to test marijuana and marijuana products,
including certification for potency and the presence of contaminants.
312
"Marijuana retailer ", an entity licensed to purchase and deliver marijuana and marijuana
products from recreational marijuana establishments and to deliver, sell or otherwise transfer
marijuana and marijuana products to recreational marijuana establishments and to consumers.
"Process" or "processing ", to harvest, dry, cure, trim and separate parts of the marijuana
plant by manual or mechanical means, except it shall not include manufacture as defined in
subsection (f) of this section.
"Recreational marijuana establishment ", a marijuana cultivator, marijuana testing facility,
marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-
related business.
3. Temporary Moratorium.
For the reasons set forth above and notwithstanding any other provision of the Zoning
Ordinances to the contrary, the City hereby implements a temporary moratorium on the use of
any and all land or structures for Recreational Marijuana Establishments. The moratorium shall
be in effect through December 31, 2018. During the moratorium period, the City shall undertake
a planning process which:
- addresses the potential impacts of recreational marijuana in the City;
- considers the Cannabis Control Commission's regulations regarding Recreational
Marijuana Establishments and related uses;
- considers any updates or changes to Massachusetts General Laws regarding the use of
marijuana;
- considers public safety implications, if any, of Recreational Marijuana Establishments;
- considers the appropriate locations within the City, if any, for the various types of
licensed Recreational Marijuana Establishments; and
- develops and adopts new provisions of the Zoning Ordinances to address the impact and
operation of Recreational Marijuana Establishments and related uses.
4. Severability.
The provisions of this ordinance are severable. If any provision, paragraph, sentence, or
clause of this ordinance or the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other provisions or application of this
ordinance.
313
First Reading: 18 April 2017
Second Reading: 5 June 2017
Publication in the Salem News: 9 June 2017
Final Passage: 19 June 2017
Order read once and adopted — Vote: 7 -0
#386A
The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning Board —
Recommendation re: 2017 -386 — "Reacreational Marijuana Moratorium ", have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 7 -0
#435
The Committee on Legal Affairs, to whom was referred the matter of Application for License — Fortuneteller —
Sophia Andrionopoulos, 11 Sunset Drive (Renewal), have considered said matter and beg leave to report as
follows, to wit:
Recommend the License be granted
Order read once and adopted — Vote: 7 -0
#407
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Appointment — Waste Reduction Committee — Nancy M. Dillon, 4 Middle Street, have considered said matter
and beg leave to report as follows:
Recommend the Council Approve the Appointment
Order read once and adopted — Vote: 7 -0
#420
The Committee on Public Services, to whom was referred the matter of Petition — Lightower Fiber Networks
re: 85 Sam Fonzo Drive, have considered said matter and beg leave to report as follows:
Recommend the Petition be granted
Order read once and adopted — Vote: 7 -0
#421
The Committee on Public Services, to whom was referred the matter of Petition — Lightower Fiber Networks
re: L. P. Henderson Road & 85 Sam Fonzo Drive, have considered said matter and beg leave to report as
follows:
Recommend the Petition be granted
Order read once and adopted — Vote: 7 -0
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#434
The Committee on Public Services, to whom was referred the matter of Communication — WorldTech
Engineering — Intersection Improvements @ 3 Locations — MASS -DOT Project #608347, have considered
said matter and beg leave to report as follows:
Receive and Place on File
Order read once and adopted — Vote: 7 -0
Motions and Orders: None
Meeting Adjourned: 8:25 PM Attest: D. Wesley Slate, Jr.
City Clerk
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