09/11/2017 BOARD OF SELECTMEN Minutes

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8 Board of Selectmen Minutes September 11, 2017 OLD BUSINESS Discussion Action and Execution of the 2017 October Town.Meeting Warrant: The Board of Selectmen met with Town Counsel Patrick J. Costello to review two articles proposed to adopt a Zoning Bylaw relative to implementing a temporary moratorium until December 31, 2018 and to adopt a General Bylaw relative to limiting the number of retail marijuana establishments in the Town of Mashpee. The subject articles of discussion appear on Draft#6 of the October 16, 2017 Annual Town Meeting warrant. Article #13: Zoning Bylaw to adopt a temporary moratorium until December 31, 2018 Article #14: General Bylaw relative to limiting the number of retail marijuana establishments Town Counsel Patrick J. Costello indicated Article #13 as proposed to adopt a moratorium would afford the Town of Mashpee ample time to develop its own regulatory stream on the time, manner and place. Adhering to the Attorney General's letters regarding bylaws adopted in May there has been some guidance with respect to approved moratorium articles and ban articles as well as reciprocal land use. Initially, the article was presented to the Board of Selectmen as a General Bylaw vs. a Zoning Bylaw. AdoTtion of a General Bylaw requires a majority vote. The adopting of a Zoning Bylaw requires a 2/3' 's vote at Town Meeting. In considering this matter, it was agreed a straight-forward option, a simple yes or a no would be less confusing. If the vote was to fail, a Special Town Meeting in January would be held to establish regulations. In response Town Counsel indicated that either way, a substantive use of the bylaw would be established at the spring Town Meeting. Town Counsel advised the Attorney General's Office will most likely give approval to the General Bylaw, and then require the passing of a reciprocal Zoning Bylaw. The limit to the number of establishment was also modified to less than 20% of the number of liquor licenses which would equal (1), and only one location would be allowed unless the retail sale of alcoholic beverages licenses should change. Whereas 20% of(9) licenses is 1.8. The previous article also limited the establishment to the industrial area of town. When asked why this occurred, it was stated the language was mirrored to the Medical Marijuana Bylaw. After the matter was debated, the Board of Selectmen took the following action;