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Ordinance Committee 12-8-20

Dec 8 2020

6:30 pm Remote by Zoom

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City Council
Holyoke Massachusetts

Notice of Committee Meeting
There will be a regular meeting of the committee on

Ordinance

Meeting to take place remotely on Zoom Meetings on Tuesday 12/8/20 at 6:30PM
Per order of the Chair: Rebecca Lisi

*** Meeting will take place remotely and can be accessed via www.zoom.us Meeting ID: 856 9127 0345 Meeting Passcode: 965057 or by call in at 1 (929)205-6099 with same Meeting ID and Password.  ***

Agenda:

Item 1: PUBLIC HEARING: 8/4/20 From One Holyoke Community Development Corp. Zone change from BL to DR for 125 Sargeant St.

Item 2: PUBLIC HEARING: 8/4/20 From One Holyoke Community Development Corp. Zone change from BL to DR for 414 Maple St.

Item 3: PUBLIC HEARING: Lisi: 11/4/20 Ordered, that the Holyoke Code of Ordinances 7.10 "Marijuana Facilities" be reviewed and amended: including any amendments to definitions, zone requirements, and changes to the permitting process.

Item 4: PUBLIC HEARING: 10/6/20 Ordered, that the city council consider revising the special permit requirement for marijuana related uses.

Item 5: PUBLIC HEARING: 10/6/20 Special Permit Application Amendment for Marijuana Manufacturing Establishment: Mass Cannabis Growers Cooperative LLC, 11 Jackson St

Item 6: PUBLIC HEARING: Lisi: 2/18/20 Ordered, that the buffer for all aspects of marijuana manufacturing be reduced from 500 ft to 200 ft.

Item 7: PUBLIC HEARING: Lisi: 2/18 Ordered, that medical marijuana deliveries be allowed in the city by special permit.

Item 8: PUBLIC HEARING: Lisi: 2/18/20 Ordered, that marijuana industry activities be allowed by special permit in the DR Downtown Residential zone.

Item 9: PUBLIC HEARING: Lisi/Lebron-Martinez: 5/7/19 Ordered, That the City Council consider amending the Marijuana Ordinance to allow Marijuana Cultivation/Manufacturing Facilities to operate on a 24-hour basis. There have been several applicants already who have expressed interest in operating a business model that includes three shifts and that translates to additional jobs for our residents.

Item 10: PUBLIC HEARING: Bartley: 1/15/19 Ordered, that the City Council amend its marijuana ordinances regarding deliveries. Here's the solo section of the current ordinance that pertains to deliveries: 7.10.6 Application Procedure and Requirements 1) Application Requirements: An application for a special permit shall include the following: a) The name and address of each owner of the marijuana establishment. b) Copies of all required registrations, licenses and permits issues to the applicant by the Commonwealth of Massachusetts and any of its agencies for the establishment. c) Evidence that the Applicant has site control and right to use the site for a marijuana establishment in the form of a deed or valid purchase and sales agreement or, in the case of a lease a notarized statement from the property owner and establishment's organization Chief Executive Officer and corporate attorney disclosing all of its designated owner, including officers, directors, partners, managers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of all such responsible individual persons. e) A description if all activities to occur on site, including but not limited to: cultivating and processing or marijuana and marijuana infused products (MIPs), on-site sales, delivery or marijuana and related products to off-site facilities, offsite direct delivery to patients, distribution of educational materials, and other programs or activities. f) A written notice from the Chief of Police shall be submitted to the City Clerk stating that an acceptable Security Plan has been reviewed and approved. The Security Plan shall include the location and details of all security measures for the dite, including but not limited to lighting, fencing, gates, waste disposal, alarms and similar measures ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity. g) Details of all proposed exterior security measures for the marijuana establishment. h) A Development Impact Statement containing all the information required under Section 10.1.6 (1) of the Zoning Ordinance. i) A Traffic Impact Statement containing all of the information required under Section 10.1.6 (2) of the Zoning Ordinance. j) A special permit fee in the amount of $500.00.

Item 11: PUBLIC HEARING: Lisi: 6/26/18 Ordered, that the City Council, in accordance with MGL Chapter 43, Section 43, submit the following question to the voters at the next biennial state election: "shall this City allow the sale of marijuana products, as those terms are defined in G.L. c.94G, 1, for consumption on the premises where sold, a summary of which appears below?" Passage of this order shall be contingent on the state legislature's approval of House Bill 4284 or other legislative/interpretive change to M.G.L. c.94G, sec 3(b) deemed acceptable by the Secretary of the Commonwealth.

Item 12: PUBLIC HEARING: Lisi: 6/5/18 Ordered, that the Mayor and City Council petition the General Court to enact legislation to allow, in the City of Holyoke, the sale of marijuana products, as those terms are defined in G.L. c.94G, §1, for consumption on the premises where sold. See attached draft legislation.

Administrative Assistant: Jeffery Anderson-Burgos
The listing of matters are those reasonable anticipated by the chair which may be discussed at the meeting. Not all items listed may in fact be discussed and other items may also be brought up for discussion to the extent permitted by law. Also one or two items may require the committee to enter into executive session at this meeting.

Ordinance Chair: Rebecca Lisi

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