Article 3 Purpose. This only a partial ban on Recreational but leaves open Commercial Recreational Marijuana Cultivation.

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1 Zoning and Articles

2 Article 3 Purpose This only a partial ban on Recreational but leaves open Commercial Recreational Marijuana Cultivation. From the Warrant EXPLANATION: At their meeting on October 30, 2017, the Board of Selectmen unanimously voted to place on the warrant a Bylaw that bans retail marijuana establishments and craft cultivation cooperatives from operating in North Andover. In towns where the majority voted against legalization of non-medical marijuana in the November 2016 election, G.L. c. 94G, 3 authorizes a town to adopt a Bylaw that bans or limits nonmedical marijuana establishments as defined in M.G.L. chapter 94G, Section 1. This Article intends to prohibit two, but not all, types of recreational (non-medical) marijuana establishments. A majority vote is required. The Selectmen acknowledge the majority voted against legalization of nonmedical marijuana in the November 2016 election. Why is it ok with some Selectmen to grow Recreational Marijuana at 1600 Osgood Street and not have it sold in Town? Vote Yes on 1 and Vote Yes on 2 and this Article is not needed!

3 2005 Conceptual Master Plan passed at May 2007 Town Meeting

4 Current OSGOD (40R) Overlay Map Blue Business Opportunity ac. Green Mixed Use ac. Pink Residential ac.

5 40R at Osgood Landing What is a 40R? Legislation to encourage smart growth consistent housing production in the Commonwealth. Examples are: MarketStreet in Lynnfield, Legacy in Arlington, Downtown Revitalization in Reading. Osgood Smart Growth Overlay District was adopted to encourage smart growth in accordance with the purposes of G. L. Chapter 40R, and to foster a range of housing opportunities along with a mixed-use development component, to be proposed in a distinctive and attractive site development program that promotes compact design, preservation of open space, and a variety of transportation options, including enhanced pedestrian access to employment and nearby rail access. Town received $600,000 in zoning incentive payments which may need to be repaid if site is not developed as a 40R. Owner has by right ability to develop 530 units in the residential and mixed use zones. The Town would have received an additional $2,000 per unit in the host agreement and $3, from the state. Approximately 169 acres divided into 3 use zones, Business, Mixed Use and Residential. Each Zone has by right uses and uses by special permit. Section 17 of the Town Zoning Bylaw spells out all the uses. The uses are extremely broad and allowed vast opportunities to invest into the property and develop the site. The current proposal from the property owner only covers use on one of the four parcels. There are three other large parcels: Acres parcel along Holt Road 6.11 Acres Acres

6 Why does the current 40R zoning matter now? There are many of outstanding questions on the entire site. There are 50 acres excluded from the current proposal where is the new Master Plan? There are 530 units which could potentially be built on the site, where are the new plans? Does the Town need to pay back the $600,000 to the State? What are the plans for all of the ancillary buildings on the property? Where is the comprehensive analysis of what the Town would have received in increased property taxes and additional state zoning incentives if property was developed as originally planned? How does the current proposal impact the neighboring properties and businesses who had hopes of the 40R being developed? Since the economy has been turning around are we jumping to quickly? The Forgetta Farm site was recently permitted for a mixed-use development. East and West Mill have successfully been revitalizing old mills during the same period of time. Sal Lupoli has successfully redeveloped industrial and manufacturing sites in neighboring communities.

7 Our Existing Medical Marijuana Zoning 2013 Medical Marijuana temporary moratorium approved Medical Marijuana Overlay District and Bylaws adopted after final state rules issued. Bylaw provided that: No Medical Marijuana Facility shall have a gross floor area of less than 2,500 square feet or in excess of 20,000 square feet. In general, Medical Marijuana requires that what you grow, you must sell in your own dispensary. The 20,000 square feet limit was determined to be sufficient to meet the needs of a Medical Marijuana Facility based on industry estimates. The Bylaw is in place to allow Medical Marijuana. There are no warrant articles proposed to restrict residents access to Medical Marijuana.

8 Article 4 Zoning Bylaw Section 8.13 removes the Temporary Moratorium on Recreational Marijuana Establishments and Retailers that would run through November 30, Adds 1 Parcel of 119 acres at 1600 Osgood Street / Osgood Landing to allow Recreational and Medical. Allows the existing Medical Marijuana Overlay District to have all forms of Recreational Marijuana (provided Article 1, 2 and 3 do not pass). Removes the 20,000 square foot restriction. Vote NO on Article 4

9 Article 4 - Purposes Adds 1600 Osgood Street 119 Acre Parcel to the Medical Marijuana Overlay District and creates a sub-district B only for this one parcel. Limited Medical Marijuana Treatment Center is restricted in the rest of the MMOD. By GL Recreational Marijuana will be allowed in the entire MMOD so adds Recreational Marijuana to the existing MMOD along with new Parcel.

10 Aerial View of New Recreational / Medical Marijuana Area

11 In 2016 (5 months before they started proposing marijuana at the site) the property owner had a least 67 businesses occupying 711,863 sq ft. Acres of outdoor land have been leased for school buses, solar panels, NETTS, Mobile Mini, Solar Panels, Ruff & Tumble and In Control Advanced Driving School. As stated by the development team, some businesses have moved because of lease non-renewal, they don t want to be next to a marijuana facility and from the uncertainty over of the site. The property wasn t empty. The loss of tenants was generally a self created hardship. If businesses don t want to be next door to a marijuana facility, why would a homeowner? The bylaw is being proposed prior to final Recreational Marijuana rules are finalized.

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13 Jobs? The expected net jobs (after the self created exodus) is estimated to be 1,000. Dan Leary 1/10/18 How many jobs were there before this started? How many jobs would be there now if the hundreds of thousands of dollars spent on this campaign were spent on property renovations, attracting new businesses and embracing an incubator site or other solutions? Did the site allow for startup of small businesses and some larger businesses to stay in town? Watts Water Technologies has 21,000 sq. ft in satellite offices on site. When they lose this space do they move their entire facility from 114 and these offices and consolidate out of town?

14 Article 4 - Medical Research The Bylaw only calls for setting aside 15% of the gross floor area for research. shall reserve fifteen (15) percent of the gross floor area dedicated to cultivation for Marijuana Research Facility. Why such a low percentage reserved for Research? Why not a tiered approach? Will the companies that provided a letters of interest still be willing to do so after last years defeat and the recent legal updates? Medical is a by right use. Why haven t the owners been able to establish medical over the past 14 years of ownership? Setting aside floor area doesn t guarantee the space is used for research just that it s not used for anything else. There is nothing that requires any research on the site. Is this just another promise?

15 Is this the best use for the Town? Why did the Selectmen spend tens of thousands of dollars in a bid for Amazon 2 if they believed a Recreational Marijuana, Medical Marijuana and Marijuana Research Facility is the best use? Do we want one property owner to have such an impact on the finances of the town? Can they be successful, when, even in Colorado no one has developed such a large site? Do they have the financial capital to wait out the years to phase up and how much does the Town lose in the next few year while that happens? Ballfields may remain for use by town leagues under the current terms. Zoning Bylaw requiring 500 setback will need to be addressed, possibly by citizen s petition. Where is the citizen s petition for this? Small businesses may not have the moving costs and funds for new fit outs. What happens to the existing businesses and jobs, do they stay in Town?

16 Zoning Bylaws Does Article 4 meet these requirements? The purpose of all the Town s Zoning Bylaws is the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the Town of North Andover, as provided by Chapter 40-A of the General Laws of the Commonwealth of Massachusetts, as amended by Chapter 808, Acts of 1975, and as they may be further amended, by regulating and restricting the use of land and buildings, thereby: 1. encouraging the most appropriate use of land; 2. preventing overcrowding of land; 3. conserving the value of land and buildings; 4. lessening congestion of traffic; 5. preventing undue concentration of population; 6. providing adequate light and air; 7. reducing the hazards from fire and other danger; 8. assisting in the economical provision of transportation, water, sewerage, schools, parks and other public facilities; 9. controlling the use of bodies of water, including watercourses; 10. reducing the probability of losses resulting from floods; and 11. reserving and increasing the amenities of the Town.

17 Article 4 Vote Yes on 1 and Vote Yes on 2 and this Article is not needed! It s supposed to be hard to change zoning because of the potential impacts to a community, that is why it requires 2/3 majority vote. Any zoning changes run with the land, not the owner. Once it s changed, it s allowable. There are many more questions regarding Article 4. There is too much doubt about feasibility, reliability, health, welfare, and legalities. Article 4 does not meet the purpose of our Bylaws. Vote No on Article 4.