HomeMy WebLinkAbout2013-06-STM-min June 17, 2013 Special Town Meeting
Moderator Deborah Brown called the June 17, 2103 meeting to order at 7:30 p.m., Battin
Hall, Cary Memorial Building. A quorum of 142 present. Town Clerk Donna M.
Hooper read the Warrant until waived. The Town Clerk read the Constables Return.
7:32 p.m. Moderator Brown reviewed the meeting's procedures. Joseph Pato reviewed
the voluntary paper-based vote recording process for the meeting.
ARTICLE 1: REPORTS OF COMMITTEES
7:37 p.m. Alan Levine moved the report of the Appropriation Committee be
received and placed on file. Adopted Unanimously
7:38 p.m. Presented by Jeanne Krieger, pr. 3.
ARTICLE 2: APPROVE TIF AGREEMENT(S)
MOTION:That the Town: (a) approve the fundamental terms and
conditions, including but not limited to the tax exemption percentage schedules
contained therein, of the Tax Increment Financing ("TIF") Agreement dated June 17,
2013, (b) delegate to the Board of Selectmen the execution of the TIF Agreement; (c)
approve the designation of the location of the 113 Hartwell Avenue Economic
Opportunity Area (EOA), as the parcel shown on Assessors Map 74, Lot 8A; (d) approve
the Tax Increment Financing Plan dated June 17, 2013; (e) authorize the Board of
Selectmen to submit an application to the Massachusetts Economic Assistance
Coordinating Council ("EACC")for the designation of the 113 Hartwell Avenue EOA;
(f) authorize the Selectmen to make minor modifications to these documents as may be
needed prior to submission to the EACC; (f) authorize the Board of Selectmen to execute
any other documents related to and consistent with the TIF Agreement and submit such
documents to the EACC; and (g) authorize the Board of Selectmen to take action to
enforce or terminate the TIF Agreement, including requesting that EACC decertify the
TIF Plan, in the event that UniQure or King 113 Hartwell LLC fail to substantially
comply with the TIF Agreement as determined by the Board of Selectmen.
Jeanne Krieger, and uniQure representative Stephen Gorgol, presented and reviewed
proposal for development of 113 Hartwell Avenue.
7:45 p.m. Alan Levine, Appropriation Committee, reported the support of the
Appropriation Committee and presented the Committee's report.
7:49 p.m. Selectman Joseph Pato reported the unanimous support of the Selectmen.
8:04 p.m. Gregory Zurlo reported the support of the Planning Board (3 in favor, 2
opposed), and presented the report.
8:09 P.M. John McWeeney, Economic Development Advisory Committee, spoke in
favor.
8:15 p.m. Peter Milano, Massachusetts Office of Business Development, reviewed
possible financial incentives from the Commonwealth and methods by which incentives
could link to any local support. Stephen Gorgol, uniCure, explained the Lexington
presence would be with the uniCure entity that is incorporated in the United States.
8:17 p.m. Town Counsel Kevin Batt responded to questions on the agreement format.
8:18 P.M. Members spoke in support and opposition, questioning job creation,
corporate viability of uniCure, and transportation systems available to the site.
Mary Jo Bohart reported the support of the Lexington Chamber of Commerce.
Melisa. Tintocalis_ Economic Development Coordinator_ responded to transnortation
June 17, 2013 Special Town Meeting, cont...
8:56 p.m. Presented by Selectman Deborah Mauger
ARTICLE 3: TECHNICAL CORRECTION TO ARTICLE 2 OF THE
MARCH 18, 2013 SPECIAL TOWN MEETING—
LAND PURCHASE OFF MARRETT ROAD
MOTION: That the vote passed under Article 2 of the warrant for the
March 18, 2013 special town meeting be amended by striking the words "$3,560,000 be
raised in the tax levy" and substituting therefor"$1,085,778 be raised in the tax levy and
$2,474,222 be appropriated from the general fund unreserved fund balance".
Ms. Mauger explained the requested action to rectify the financing source as voted at the
March 18th special town meeting; that this is deemed to e a technical correction to
Article 2 of the March 18, 29013 Special Town Meeting. Ms. Mauger reported the
unanimous support of the Selectmen.
8:57 p.m. John Bartenstein reported the unanimous support of the Appropriation
Committee. Charles Lamb reported the unanimous support of the Capital Expenditures
Committee.
8:58 p.m. Adopted Unanimously.
8:59 p.m. Presented by Selectman Norman Cohen.
ARTICLE 4: AMEND ZONING BYLAW -
MEDICAL MARIJUANA TREATMENT CENTERS
MOTION: That the Zoning Bylaw, Chapter 135 of the Code of the Town of
Lexington, be amended as follows:
(1) Insert the following definition, in the correct alphabetical sequence, for "Medical
Marijuana Treatment Center," to read as follows:
Medical Marijuana Treatment Center(MMTC) -Means a not-for-profit entity
registered under 105 CMR 725.100, to be known as a registered marijuana
dispensary (RMD), that acquires, cultivates, possesses, processes (including
development of related products such as edible marijuana infused products
(MIPs), tinctures, aerosols, oils, or ointments), transfers, transports, sells,
distributes, dispenses, or administers marijuana, products containing marijuana,
related supplies, or educational materials to registered qualifying patients or their
personal caregivers. Unless otherwise specified, RMD refers to the site(s) of
dispensing, cultivation, and preparation of marijuana.
(2) Insert a new section 6.10: "Medical Marijuana Treatment Centers," to read as
follows:
Section 6.10, Medical Marijuana Treatment Centers
6.10.1 Purpose: Medical marijuana raises novel and complex planning, land use,
public safety, and legal issues. A moratorium on the use of land and structures for
a Medical Marijuana Treatment Center will allow the Town sufficient time to
engage in a planning process to address the effects of this new land use and to
enact subsequent local by-laws and regulations.
6.10.2 Applicability: The Town is instituting a moratorium on the use of land or
structures for a Medical Marijuana Treatment Center, for a period as described
below.
June 17, 2013 Special Town Meeting, cont...
9:00 P.M. Planning Board member Michelle Ciccolo reviewed the Report's findings,
including the Board's support of Article 4 (4 in favor and 1 opposed).
9:09 P.M. Norman Cohen reported the unanimous support of the Selectmen.
Town Counsel Kevin Batt responded to questions on based on this proposed bylaw when
the moratorium would expire.
Planning Board Chair Richard Canale reported the intent of the Board to re-write section
65.10 when a permanent solution is proposed.
Planning Director Maryann McCall-Taylor responded to questions from members on
marijuana cultivation and preparation, viability of agricultural areas for cultivation, and
inquiries from potential applicants.
9:23 p.m. Dawn McKenna, pr.6, called the question. Adopted
9:24 p.m. Article 4 voted Adopted.
9:25 p.m. Selectman Chair Deborah Mauger moved the June 17, 2013 Special Town
Meeting be dissolved. Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk