Minutes of Regular Meeting Board of Selectmen Tuesday, February 28, 2017 Selectmen s Meeting Room Town Hall Called to Order at 7:00 p.m.

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1 Minutes of Regular Meeting Board of Selectmen Tuesday, February 28, 2017 Selectmen s Meeting Room Town Hall Called to Order at 7:00 p.m. Present were Selectmen Michael Harrity, Douglas P. Gillespie and Christopher Houston, chair. Also present were Town Manager Donna S. VanderClock, and Assistant Town Manager/Human Resource Director Lisa Yanakakis. Recording Secretary is Kara Fleming. Videographer James Tremble, Weston Media Center Item 1 Resident Comments There were none Item 2 National Grid Grants of Location: Old Coach Road; Beaver Road; and Hawthorne Lane National Grid has petitioned the Town for grant locations of mains for the transmission and distribution of gas in and under the public ways of Old Coach Road, Beaver Road and Hawthorne Lane, and for digging up and opening the ground, as follows: to install and maintain approximately 700 feet, more or less, of 2 inch gas main in Old Coach Road, from the existing 2 inch gas main in Viles Street, easterly to Lantern Lane and then to house no.15 Old Coach Road for a new gas service (wo# ) to install and maintain approximately 450 feet, more or less, of 2 inch gas main from the existing main in Beaver Road extension, westerly to Walnut Road, which is a private way, for the purpose of a new service at house no. 79 Walnut Road. The amount of main within the public way is 250 feet (wo# ) to install and maintain approximately 175 feet, more or less, of 2 inch gas main in Hawthorne Lane, from the existing 2 inch gas main in Byron Road southerly to Hawthorne Lane for the purpose of new service at house no. 6 (wo# ) Each were reviewed and approved by the Department of Public Works. MOTION: Mr. Gillespie moved to approve the petitions to grant locations of mains for the transmission and distribution of gas in and under Old Coach Road, including Viles Street and Lantern Lane; Beaver Road; and Hawthorne Lane, including Byron Road, all as described above and in Work Order numbers , , and nd by Mr. Harrity. Approved unanimously Item 3 Native Plant Garden for Town Hall Flagpole Area by Weston Garden Club Cynthia Chapra, Weston Garden Club Ms. Chapra presented a garden plan (attached) to the Selectmen and explained that as part of Weston Garden Club s 75 th anniversary, members wanted to contribute a meaningful display that would encourage and promote the use of native plantings and water conservation best practices. The garden would be used as a demonstration and learning garden for residents and a pamphlet will be produced for visitors who may be interested in learning more about what is planted in the garden. Ms. Chapra said the trees were selected by and would be planted by the Tree Advisory Group and the Weston Garden Club would be responsible for maintaining the space. 1

2 MOTION: Mr. Gillespie moved to approve the plan by the Weston Garden Club to design and plant a native plant garden at Town Hall, with appreciation to the Tree Advisory Group for its input. 2 nd by Mr. Harrity. Approved unanimously Consent Agenda taken out of order due to time MOTION: Mr. Harrity moved to approve the consent agenda as follows: Approve minutes from the following Board of Selectmen s meeting: January 4, 2017 Executive Session Minutes; February 15, 2017 Regular Meeting Minutes Approve request by Onief Samuels, Owner, Samuel s Luxury Transportation of 45 Georgian Road, Weston, Mass. for a License to Operate Public Vehicles for Hire in Weston. The License will be effective from the date of approval through December 31, The application has been reviewed and approved by Police Lieutenant John Lyons. Approve request by Michael Antonellis, Manager, Veterans Taxi of Newton, of 224 Calvary Street, Waltham, Mass. for a License to Operate Public Vehicles for Hire in Weston. The License will be effective from the date of approval through December 31, The application has been reviewed and approved by Police Lieutenant John Lyons. Approve a request from the Council on Aging to accept a gift of $ from Harry C. Wechsler and a gift of $6.50 from Lance Wong Jayne to be applied to the Miscellaneous Gift Account. Accept the resignation of Cheryl Alpert from the Weston Cultural Council 2 nd by Mr. Gillespie. Approved unanimously Item 7 Discuss Potential Ballot Question Prohibiting Recreational Marijuana Establishments Ms. VanderClock explained that with the passage of Question 4 from the November 2016 Election and recreational marijuana becoming legal in Massachusetts, cities and towns have the ability to prohibit the establishment of recreational marijuana facilities by approval of a question to that effect on the ballot at a local election. Town Counsel has provided a guide (attached) and suggested that a zoning by-law establishing a moratorium on such facilities may be desired, but it would be best to propose it after the outcome of the ballot vote is known. The Planning Board is interested in pursuing a moratorium. Ms. VanderClock added that state legislation is currently being considered, which may further clarify the issue. Mr. Harrity said a question on the May 6 th town election ballot would be the appropriate path and it would further inform a potential zoning change. Ms. VanderClock reminded the Selectmen that Weston voters rejected recreational marijuana by a margin of roughly 800 votes. Item 4 Affordable Housing Trust: a) Community Preservation Act fund request; b) coordination and communication; c) maintenance grant program; d) resale fee to Trust; e) update on Trust s action plan as it relates to feedback to Open Space and Recreation Plan and Parcel 9 of Case Estates Sarah Rhatigan, chair 2

3 Community Preservation Act fund request Ms. Rhatigan explained that this request is following on the original charge of the Trust, which is set up as a legal entity to act as a developer of affordable housing for the Town. The Trust did act as a public developer with the Warren Avenue project, which was done with town-owned land and buildings. If the Trust were to act on private land, it would need money in hand to acquire property outside of the Town Meeting schedule, so as not to lose a market opportunity. The Trust would study the land and negotiate before acting. If the land is acquired, the Trust would issue a request for proposals to develop the property, per established Town guidelines, as a deed-restricted, affordable homeownership opportunity. Mr. Houston asked why ownership over rental was preferred to which Ms. Rhatigan explained that developers are not interested in small-scale projects. Mr. Harrity said the Trust would still need to engage abutters and make them comfortable with the project. Ms. Rhatigan said the Trust discussed developing a guiding principles document, in addition to the existing policies and preferences, to use towards housing projects. Mr. Gillespie added that the Trust is held to the Open Meeting Law, as well, so the public process is still intact. Mr. Harrity cautioned Ms. Rhatigan to carefully consider condominium fees and common areas when working with fewer units. Coordination and Communication Ms. Rhatigan said she perceives a miscommunication among boards and committees that are being approached by 40B developers and expressed frustration over the lack of coordination. She cited a recent example where the Trust had given conditional support to 104 Boston Post Road, but that was before they were made aware that other boards and committees had rejected the proposal as presented. She continued to explain that the developer for 133 Boston Post Road will be making another presentation to the Trust, but her board has no way of knowing if what they will be seeing has been shown to the Selectmen or other boards. Mr. Harrity said each committee has a different perspective in reviewing the various proposals and the Selectmen do not want to dictate those reviews. Ms. Rhatigan suggested the Trust develop a best practices guide for other boards and committees of how the town should be reviewing 40B proposals, as well as a working group who can act as liaisons for all of the various committee meetings and 40B presentations. Mr. Harrity liked the idea saying a more coordinated effort would help keep the Town organized in a situation where it has limited control, which may help keep the developments friendly, if anything goes awry. Resale Fee to Trust and Maintenance Grant Program Ms. Rhatigan said when a deed-restricted, homeownership unit is resold there is a 2 percent fee that is paid to the Town. Ms. VanderClock said there is approximately $37,000 in this fund, and she is expecting an additional $4,000 coming in the near future. Ms. Rhatigan asked that this fund be transferred to the Trust, which would be used towards a Maintenance Grant Program. This program grants money to homeowners of deed-restricted units that need health and safety repairs, but the homeowners cannot afford the full cost of the repairs. The homeowners would need to be income-eligible and the grant would not fully fund the repair costs. Ms. Rhatigan said her board would be discussing this program more, but was hoping to get approval of the transfer of the resale fee fund to the Trust. Open Space and Recreation Plan/Case Estates Parcel 9 Ms. Rhatigan asked the Selectmen for consideration on how this plan would provide a mechanism for studying affordable housing options, saying that there are many examples of how open space, historic areas and affordable housing can intermingle. She cited the Conservation Commission s desire to take Parcel 9 as an example of how the two bodies can work together to meet both interests. Mr. Houston said that he had a follow up conversation with the Conservation Commission Chair Laurie Bent and he has a better perspective of the commission s desire not to prioritize or disclose their list of parcels. He cautioned Ms. Rhatigan that realistically, the Trust will not get the approval from the Town to place any housing on Parcel 9 because of the historic vista. Mr. Harrity said it has to be explored, as well as exploring using the existing houses on the property. 3

4 Item 5 Status of 40B Projects 255 Merriam Street/11 Hallett Hill Road The comprehensive permit was issued with conditions by the Zoning Board of Appeals in December, but the decision was appealed by the neighbors and it is currently under mediation. 269 North Avenue The Zoning Board of Appeals received an extension because it had asked for a setback requirement on the project due to the impacts on the neighbors. The developer submitted an economic review, which is allowed under the Chapter 40B law. The last hearing will be held in mid-march and then the board will have a few weeks to deliberate. The Selectmen may make additional comments prior to the last hearing. 104 Boston Post Road The developer has applied for a comprehensive permit to the Zoning Board of Appeals. There are significant wetlands and septic issues on the site, but the developer is claiming that the site is a former mill site and can build closer to the wetlands. The Conservation Commission is maintaining found relics cannot violate the Wetlands Protection Act. This has caused some trouble at the last commission meeting and there will be an appeal made to the Department of Environmental Protection. The agency will also make a determination on the septic, which may override our Board of Health. 133 Boston Post Road The Building Department is expecting the comprehensive permit application from Boston Properties soon. Mr. Harrity explained that there are more controls with this proposal that makes the developers more cooperative and modification to the development agreement of the site will require Town Meeting approval; however, the residential access to and from the site is still under discussion, with access from 55 Church Street along the abandoned rail line a non-starter. Mr. Keith Johnson of Pond Brook Circle asked if there was enough time before Annual Town Meeting to appropriately communicate the project to residents. Mr. Harrity agreed it was an aggressive schedule and the recent wrinkles have made the timeline more uncertain. Item 6 Review Preliminary List of Warrant Articles Ms. VanderClock gave the Selectmen the list of potential warrant articles to date (attached), which were arranged in the standard order of the warrant and the potential list for a consent agenda. The Selectmen briefly discussed the articles. Ms. VanderClock informed the Selectmen that a total of four Citizens Petitions have been received: plastic bag ban; increase number of signatures for Citizens Petitions for Annual Town Meeting to 50; permit two curb cuts in driveways; and restrict height of buildings on slopes. Ms. VanderClock said the Planning Board will need to hold public hearings for two of the Citizens Petitions since they related to the Zoning By-law. Mr. Houston said the small cell antennae and relationship to the personal wireless service overlay district need to be addressed, as well. MOTION: Mr. Gillespie moved to authorize Mr. Houston to work with Town Counsel to clarify the small cell language in the overlay district. 2 nd by Mr. Harrity. Approved unanimously Mr. Houston said recent proposed legislation may address the Airbnb issue or a least provide framework to assist the Town with the by-law revision to address past issues. Ms. VanderClock said no complaints have been received lately. Mr. Harrity said a permit process may go forward, which may be better. Mr. Gillespie said it made sense to wait for the state before acting. 4

5 Item 8 Review Financial Reserve Policy Mr. Houston has been reviewing the Town s Financial Reserve Policy, which was adopted 11 years ago, and wished to make some changes to bring the policy in line with recommendations from the Government Finance Officers Association (GFOA). The Finance Committee reviewed the policy last year. Mr. Houston explained that in addition to utilizing the Stabilization Fund, which requires a two-thirds majority vote at Town Meeting, and the Finance Committee reserve fund, which requires a vote of the committee, he would like to specify Free Cash in the policy, which needs a majority vote of Town Meeting, as a part of a three-tier reserve base. Mr. Houston would also like to move to a percentage rate for reserves rather than a flat rate. The GFOA recommends 5-15 percent in reserves, but only specifies one reserve fund. With that in mind Mr. Houston suggested establishing the Stabilization Fund at 3.5 percent of the prior year s budget, the Finance Committee reserve fund to.75 percent and Free Cash at.75 percent, which would total 5 percent. Mr. Houston added that he would also like to reduce the reserve for uninsured losses and increase the funding schedule for Compensated Absences, also known as sick leave buyback. Finally, Mr. Houston said he would like to address the Facilities Maintenance account to establish an appropriate target, since there currently isn t one. He sought the Selectmen s thoughts on what the target should be. The Selectmen discussed a target of 1 percent of the Town s insured building value, or about $2 million. Mr. Keith Johnson, of the Finance Committee and speaking from the audience, said the reserve policy is fine as is and should not be touched. He likened Mr. Houston s suggestion to a tax increase. Mr. Houston defended his suggestions, saying the Town needs to bring the reserves up towards the bottom range of standard best practices. Mr. Harrity suggested a tax bill perspective of Mr. Houston s suggestions be developed, agreeing with Mr. Houston that the Town should catch up to what are deemed best practices. Meeting adjourned: 9:55 p.m. Douglas P. Gillespie Clerk Note: A copy of all documents, explanatory material, and exhibits presented to and used by the Board of Selectmen as part of this meeting are attached to the approved minutes. 5

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7 The Regulation and Taxation of Marijuana Act A GUIDE TO THE NEW LAW LEGALIZING RECREATIONAL USE OF MARIJUANA REVISED JANUARY 2017 On November 8, 2016, Massachusetts voters approved Question 4 legalizing the recreational use of marijuana (Chapter 334 of the Acts of 2016). Implementation of the Act is generating significant questions at state and local levels. The Act contains inconsistencies and outright contradictions. In particular, questions and concerns have been raised regarding the timeline for implementation, enforcement, local control, regulation of marijuana products produced by personal growers, amount of the tax, and additional matters. It is not certain whether or when the General Court may address these issues. The legislature has already acted to amend the deadlines for implementation of the law, as shown below. This new law, Chapter 351 of the Acts of 2016, was signed by the Governor on December 30, Responding to numerous questions from local officials, we have summarized the Act s provisions regarding the implementation timeline, personal use of marijuana, licensing of recreational marijuana establishments, local control mechanisms, and employment implications. CURRENT TIMELINE DECEMBER 15, 2016 Effective Date of Law/ Personal Recreational Growing and Use Allowed MARCH 15, 2018 Deadline for CCC to Adopt Initial Regulations Personal use of marijuana is now legal for a person at least 21 years old. General Laws c. 94G, 7 provides that individuals, but not businesses, will be permitted to engage in a range of activities as outlined below. The Act creates a three-member Cannabis Control Commission ( CCC ) to be appointed by and under the jurisdiction of the State Treasurer. The CCC will regulate and issue licenses for recreational marijuana establishments, but not for medical marijuana establishments, regulated by the Department of Public Health. APRIL 1, 2018 Deadline for CCC to Begin Accepting Specific Licenses JULY 1, 2018 Deadline for Final Regulations, or Default Initial applicants: only businesses with medical marijuana experience are eligible, for a limited number of licenses. The filing of certain applications is staged over the course of the ensuing two years. If the CCC has not adopted regulations, each medical marijuana treatment center may begin to possess, cultivate, or otherwise obtain marijuana and marijuana products and may deliver, sell or otherwise transfer to anyone over the age of 21. If regulations are timely adopted, the CCC will issue licenses within 90 days after applications are received on or after April 1, 2018, to qualified establishments. Boston Hyannis Lenox Northampton Worcester KP Law, P.C.

8 PERSONAL USE OF MARIJUANA The Act authorizes persons 21 years of age or older to possess, use, purchase, process or manufacture one ounce or less of marijuana, of which not more than five grams can be in the form of marijuana concentrate. Within a person s primary residence, a person may possess up to 10 ounces of marijuana and any marijuana produced on the premises for personal use by not more than six marijuana plants. If there is more than one grower at the residence, there may be up to 12 plants cultivated on the premises. A person may give away or transfer without remuneration to a person age 21 years or older up to one ounce of marijuana, of which no more than five grams may be in the form of marijuana concentrate, provided that such transfer is not advertised or promoted to the public. A person 21 years of age or older may also possess or manufacture marijuana accessories or sell such accessories to a person 21 years of age or older. Local regulations - although personal possession and use is now legal, consumption is still subject to certain restrictions pursuant to G.L. c. 94G, 2 and 13. LOCAL CONTROL REGULATION, PROHIBITION The Act defines a marijuana establishment to include, a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of marijuana-related business, and authorizes certain types of local control. Ordinances and Bylaws Regulating Time, Place and Manner The Act provides that municipalities may adopt ordinances or bylaws regulating the time, place and manner of operations of marijuana establishments, provided that such ordinances or bylaws are not unreasonably impracticable and do not otherwise conflict with the Act. Standard practices for adoption of ordinances or bylaws will apply. Further Regulation - Bylaws and Ordinances/Local Ballot Questions The Act also authorizes imposition by ordinance or bylaw by a vote of the voters of that city or town of additional limitations on recreational marijuana establishments. The use of the phrase by a vote of the voters of that city or town typically requires a vote at an election, whereas the adoption of an ordinance or bylaw occurs by vote of the local legislative body (city or town council or town meeting). In our opinion, given this reference to voters, rules of statutory construction suggest that any attempt to approve an ordinance or bylaw, requires approval by the voters of the municipality at an election. The topics that may be regulated under this section are as follows: prohibiting the operation of one or more types of marijuana establishments within the municipality; limiting the number of marijuana retailers to fewer than 20 per cent of the number of licenses issued within the municipality for the retail sale of alcoholic beverages not to be drunk on the premises where sold under chapter 138 of the General Laws; or Boston Hyannis Lenox Northampton Worcester KP KP Law, Law, P.C. P.C.

9 limiting the number of any type of marijuana establishment to fewer than the number of medical marijuana treatment centers registered to engage in the same type of activity in the town. The reference to one or more types of marijuana establishments, in our opinion, can be read to allow a municipality to ban marijuana establishments within its borders. However, this language is subject to interpretation, and may be addressed in the CCC regulations. Under the laws generally governing elections, no question may appear on the ballot unless specifically authorized by law. While the form of the question is typically included in the authorizing law, the Act does not do so. For your information, pursuant to G.L. c.54, 42C, the Board of Selectmen must vote to put the question on the ballot and provide notice to the Town Clerk no less than 35 days prior to the date of the election. Petition for Question on State Ballot to Permit Marijuana Cafés The Act provides that municipalities may, upon petition of not fewer than 10 percent of the number of the voters of the city or town voting at the state election preceding the filing of the petition, present to the voters of the city or town at the next state election the question of whether it will allow the consumption of marijuana and marijuana products on the premises where they are sold (i.e., so-called marijuana cafés ). There is no timeline provided in the law for this type of petition, although it is reasonable to anticipate that any such request must be filed with the Secretary of the Commonwealth no later than the first Wednesday in August. Regulation Prohibited or Strictly Limited A municipality may not adopt an ordinance or bylaw prohibiting the transportation of marijuana or marijuana products or making such transportation unreasonably impracticable. Similarly, a municipality may not adopt an ordinance or bylaw prohibiting an establishment that cultivates, manufactures or sells marijuana products in any area in which a medical marijuana treatment center is registered to engage in the same type of activity. [Emphasis added]. The Act contains no definition of area. The Act provides that no agreement between a municipality and a marijuana establishment may contain a payment that is not directly proportional and reasonably related to the costs imposed on the municipality by the operation of the recreational marijuana establishment. Zoning Moratoria Municipalities have asked about the ability to adopt a zoning bylaw or ordinance establishing a moratorium on the locating of recreational marijuana establishments to allow time to study the issue and develop appropriate bylaws and ordinances. We expect the Attorney General will likely approve a moratorium for one year (for example, through June 30, 2018), consistent with those approved for medical marijuana and other moratoria. With the recent extension of the deadline in the CCC s regulation to March 15, 2018, the Attorney General might approve extensions to the moratorium due to expire in Spring of We expect to have clearer guidance on this in the future. For municipalities with registered medical marijuana facilities, however, a moratorium may not be effective in preventing a recreational marijuana establishment in any area in which a medical marijuana treatment center is registered to engage in the same type of activity. Boston Hyannis Lenox Northampton Worcester KP KP Law, Law, P.C. P.C.

10 Now that the legislature has delayed implementation for six months, there is ample time for municipalities to determine the timing for any local action. Discussions might include whether or not to adopt ordinances or bylaws regulating time, place and manner issues, including moratoria, or to place questions before the voters relative to limitations on the type or number of recreational marijuana establishments that may be located in the municipality. Municipalities wishing to adopt ordinances or bylaws should have these in place before applications are filed on April 1, Marijuana Related Uses Not Agriculture Newly enacted Chapter 351 of the Acts of 2016 includes an amendment to the Zoning Act, G.L. c.40a, 3. The new language states that the growing, cultivation, distribution or dispensation of marijuana does not qualify for the agricultural exemption under the Zoning Act. LOCAL OPTION TAXES Question 4 also includes a new Chapter 64N of the General Laws setting tax rates for the sale of recreational marijuana products. Section 3 allows cities and towns to impose a local sales tax of up to 2%. In our opinion, this will require approval by the municipality s legislative body. EMPLOYMENT ISSUES The new law may also have significant implications for public employers. The relevant portion of the law provides, This chapter shall not require an employer to permit or accommodate conduct otherwise allowed by this chapter in the workplace and shall not affect the authority of employers to enact and enforce workplace policies restricting the consumption of marijuana by employees. Thus, despite the legalization in Massachusetts of the personal use of marijuana, public employers may continue to prohibit their employees from using or possessing marijuana in the workplace or in public buildings and from working while impaired by marijuana. Drug and alcohol testing and related policies should be reviewed to ensure that such policies will continue to be consistent with the public entity s desired treatment of marijuana following the change in the law. In some cases, policies may need to be updated or clarified to account for the change in the law. Be further aware, however, that federal law prohibiting the use of marijuana by employees who possess firearms, such as police officers, and those required to hold a Commercial Driver s License, will continue to be in full force and effect notwithstanding the change in Massachusetts law. We are aware that some police chiefs are considering issuing a general reminder to all law enforcement personnel that marijuana is still a controlled substance for purposes of federal law and that the use or possession of marijuana is still prohibited. FURTHER DEVELOPMENTS We will continue to monitor developments in the law, including possible amendments by the General Court and guidance issued by the offices of the State Treasurer, Attorney General, or Secretary of the Commonwealth s Elections Division. In the meantime, if you have any questions concerning regulation of recreational marijuana, please contact Attorneys Joel Bard (jbard@k-plaw.com) or Katherine Laughman (klaughman@k-plaw.com) at Members of our Labor and Employment Practice Group are also available to assist with employment-related questions. Boston Hyannis Lenox Northampton Worcester KP KP Law, Law, P.C. P.C.

11 Model RECREATIONAL Marijuana Establishment BALLOT QUESTIONS Banning all types of marijuana establishments: Shall this Town prohibit the operation of all types of marijuana establishments as defined in G.L. c.94g, 1, including marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers or any other type of licensed marijuana-related businesses, within the Town of? Banning one type of marijuana establishment (retail): Shall this Town prohibit the operation of marijuana retailers, as that term is defined in G.L. c.94g, 1, within the Town of? Boston Hyannis Lenox Northampton Worcester

12 Model RECREATIONAL Marijuana Establishment Ban Warrant Article To see if the Town will vote to amend the Town s Zoning Bylaw by adding a new Section, MARIJUANA ESTABLISHMENTS, that would provide as follows, and further to amend the Table of Contents to add Section, Marijuana Establishments: Section Consistent with G.L. c.94g, 3(a)(2), all types of marijuana establishments as defined in G.L. c.94g, 1(j), to including marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, shall be prohibited within the Town of. This Section shall be effective upon passage by the voters at a Town Election. Or take any action relative thereto. Boston Hyannis Lenox Northampton Worcester

13 Model Moratorium Warrant Article To see if the Town will vote to amend the Town s Zoning Bylaw by adding a new Section, TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS, that would provide as follows, and further to amend the Table of Contents to add Section, Temporary Moratorium on Recreational Marijuana Establishments: Section Purpose On November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes (new G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). The law, which allows certain personal use and possession of marijuana, took effect on December 15, 2016 and (as amended on December 30, 2016; Chapter 351 of the Acts of 2016) requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018 and to begin accepting applications for licenses on April 1, Currently under the Zoning Bylaw, a non-medical Marijuana Establishment (hereinafter, a Recreational Marijuana Establishment ), as defined in G.L. c. 94G, 1, is not specifically addressed in the Zoning Bylaw. Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of Recreational Marijuana Establishments. The regulation of recreational marijuana raises novel legal, planning, and public safety issues, and the Town needs time to study and consider the regulation of Recreational Marijuana Establishments and address such issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Recreational Marijuana Establishments. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Recreational Marijuana Establishments so as to allow sufficient time to address the effects of such structures and uses in the Town and to enact bylaws in a consistent manner. Section Definition "Recreational Marijuana Establishment" shall mean a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business. Section Temporary Moratorium For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Recreational Marijuana Establishment and other uses related to recreational marijuana. The moratorium shall be in effect through June 30, 2018 or until such time as the Town adopts Zoning Bylaw amendments that regulate Recreational Marijuana Establishments, whichever occurs earlier. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, and to consider the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments, and shall consider adopting new Zoning Bylaws in response to these new issues. Or take any action relative thereto. Boston Hyannis Lenox Northampton Worcester

14 Possible ATM Warrant Articles 1. FY18 Operating Budget 2. Consent Agenda Articles a. Amend Fiscal Year 2017 Operating Budget b. Appropriate for Weston Media Center, Inc. c. Appropriate to Other Post Employment Benefits (OPEB) Trust Fund d. Continue Departmental Revolving Funds e. Accept Chapter 90 Road Improvement Funds f. Approve Property Tax Deferral Income Limits g. Appropriate the Fiscal Year 2018 Water Enterprise Budget h. Appropriate for Water Main Rehabilitation i. Appropriate the Fiscal Year 2018 Recreation Enterprise Budget j. Appropriate the Fiscal Year 2018 Brook School Apartments Enterprise Budget k. Appropriate for Drainage Improvements l. Appropriate for South Side Drainage Project 3. Capital projects (not included in consent agenda) a. Schools - Proctor Field & Track Construction b. Schools High School Field 1 Renovation c. Case Campus Master Plan d. DPW - Wireless Water Meter Reading 4. Boston Properties Amend Declaration of Restrictions 5. CPA: a. Appropriate budget and buckets b. JST Architectural and Engineering fees - 630k c. Rail Trail Underpass at Conant Road Bridge - $ k d. Affordable homeownership opportunity funds - 950k e. BSA Bldg E Feasibility Funds - 30k f. Community Housing Support - 19,230 g. Preservation for Central Cemetery - 205k 6. General By-laws a. Amend water conservation by-law b. Amend Town Meeting by-law to allow electronic, hand-held devices c. Establish revolving funds (required by Municipal Modernization Act) 7. Citizens Petitions (due February 28) a. Plastic Bag Ban b. Increase number of signatures for citizens petitions to 50