Ordinance Committee / Planning Board Joint Meeting March 9, 2021

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 3-9-21 at 6:15PM

Per order of the Chair: Rebecca Lisi

*** Meeting will take place remotely and can be accessed via www.zoom.us Meeting ID: 883 3164 0477 Meeting Passcode: 916614 or by call in at 1 (929)205-6099 with same Meeting ID and Passcode.  ***

Agenda:

Item 1: 2-2-21 LISI — Ordered, that the City Council create a revolving fund to be set up for the Cities municipal rideshare funding received by the state through the Transportation Network Company (see attached).

*Referred from Finance Committee – 2-16-21

Item 2a: PUBLIC HEARING (continued from 2-9-21): 2-18-20 Zone Change Application from RA to BH for Sergey Troshchiy at 405 Ingleside Street, to provide affordable pre-owned vehicles.

Item 2b: Sergey Troshchiy – request for withdrawal for a Zone Change at 405 Ingleside St.

Item 3: PUBLIC HEARING (continued from 2-9-21) 8-4-20 — Zone Change Application from R1A to BL for Dennis Croteau at 83 Lower Westfield Road. There is not enough parking for commercial property at 79 Lower Westfield Rd and the applicant is interested in opening courses for floral design and gardening, which would entail needing more parking.

Item 4a: 9-15-20 MURPHY — Ordered, that the zoning on the west side of Main Street from the northerly side of Sargeant Street to the southerly side of Hamilton Street be changed from BH (business highway) to BC (central business).

Item 4b: PUBLIC HEARING — Zone Change order from BH to BC to reduce restrictions and make it more possible for owners to build out on the full scope of their property at 401 Main St (028-07-001), 405 Main St (028-07-002), 409 Main St (028-07-003), 415 Main St (028-07-004), (028-07-005), 427 Main St (028-07-006), 433 Main St (028-07-007), 435 Main St (028-07-008), 437 Main St (028-07-009), 447 Main St (028-07-010), 449 Main St (028-07-011), 78 Sargeant St (028-07-012).

Item 5: PUBLIC HEARING (continued from 12-8-20, 2-9-21) 11-4-20 LISI — 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 6: PUBLIC HEARING (continued from 12-8-20, 2-9-21) 10-6-20 LISI — Ordered, that the city council consider revising the special permit requirement for marijuana related uses.

Item 7: PUBLIC HEARING (continued from 12-8-20, 2-9-21) 2-18-20 LISI — Ordered, that the buffer for all aspects of marijuana manufacturing be reduced from 500 ft to 200 ft.

Item 8: PUBLIC HEARING (continued from 12-8-20, 2-9-21) 2-18-20 LISI — Ordered, that medical marijuana deliveries be allowed in the city by special permit.

Item 9: PUBLIC HEARING (continued from 12-8-20, 2-9-21)2-18-20 LISI — Ordered, that marijuana industry activities be allowed by special permit in the DR Downtown Residential zone.

Item 10: PUBLIC HEARING (continued from 12-8-20, 2-9-21) 5-7-19 LISI/LEBRON-MARTINEZ — 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 11: PUBLIC HEARING (continued from 12-8-20, 2-9-21) 6-26-18 LISI — 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 (continued from 12-8-20, 2-9-21) 6-5-18 LISI — 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.

Item 13: PUBLIC HEARING (continued from 12-8-20, 2-9-21) 1-15-19 BARTLEY — 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 site, 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 14: 11-4-20 HERNANDEZ — Ordered, that a handicap sign be placed in front of 199 Beech St for Pablo Gonzalez

Item 15: 12-15-20 LEBRON-MARTINEZ — Ordered, That a handicap sign be placed in front of 77 Elm St. for Melissa Smith.

Administrative Assistant: Jeffery Anderson-Burgos

The listing of matters are those reasonably 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. Agenda subject to change up to two business days (48 hours) prior to posted meeting time.

Ordinance Chair: Rebecca Lisi