March 28, 2018 Adjourned Session of the 2018 Annual Town Meeting, cont...
<br /> 7:56 p.m. Hank Manz, Pct. 9, moved Article 38. He asked the Moderator to recognize Citizen
<br /> Sponsor, Charles Minasian, 3 Fulton Road, a 19-year Lexington resident.
<br /> 7:56 p.m. Mr. Minasian explained that he had purchased five parcels of land in the area of Marrett
<br /> Road and Spring Street and wished to have these parcels rezoned "CSX", Commercial Service
<br /> Expanded, a new zoning designation that would expand upon the existing CS zone. He explained the
<br /> proposed business uses in the CSX district, and discussed the outreach and public hearing process to
<br /> date.
<br /> 8:09 P.M. Joseph Pato, member, Board of Selectmen, made a brief presentation and reported
<br /> unanimous support of the Board.
<br /> 8:12 p.m. Richard Canale, Chair, Planning Board, moved that the Report of the Board on Article
<br /> 38 be received and placed on file. Unanimously Adopted.
<br /> 8:12 p.m. Mr. Canale explained the position of the Board, stating that the Board felt further
<br /> outreach was needed. He reported the recommendation of the Board, (4-1) to refer Article 38 back to
<br /> the Planning Board.
<br /> 8:18 P.M. James Shaw, Chair of the Board, Chamber of Commerce, reported support of the
<br /> Chamber and urged support for the re-zoning.
<br /> 8:22 p.m. Jessie Steigerwald, Pct. 8, posed questions related to art galleries within the business
<br /> zone. Mr. Minasian responded.
<br /> 8:34 p.m. Gang Chen, Pct. 8, questioned whether approval of the Marrett Road/Spring Street CSX
<br /> district would encourage additional such re-zoning proposals. Mr. Canale responded.
<br /> 8:38 p.m. Stephen McKenna, Pct. 6, called the question. Motion Adopted.
<br /> 8:39 p.m. Mr. Minasian made summary comments.
<br /> 8:41 p.m. Following electronic vote tallying, the Moderator declared Article 38 Adopted by the
<br /> necessary two-thirds on a vote o£
<br /> Yes No Abstain Approved by Attorney General
<br /> 144 12 5 Maura Healey August 7,2018;
<br /> Posted August 8,2018.
<br /> 8:43 p.m. Presented by Taylor Singh, Pct.7.
<br /> ARTICLE 36:AMEND GENERAL BYLAWS TO REPEAL PROHIBITIN OF
<br /> RECREATIONAL MARIJUANA ESTABLISHMENTS IN TOWN (Citizen Article)
<br /> MOTION: That Chapter 97-5 of the Code of the Town of Lexington be repealed in its entirety.
<br /> 8:44 p.m. Ms. Singh moved Article 36 and asked the Moderator to recognize Ethan Handwerker,
<br /> citizen sponsor, 17 Pine Knoll Road.
<br /> 8:45 p.m. Mr. Handwerker explained that the purpose of his Article was to repeal the prohibition
<br /> on recreational marijuana establishments that was voted at the 2017 Special Town Meeting 43,
<br /> resulting in an amendment to Chapter 97, Section 5 of the General Bylaws.
<br /> 8:52 p.m. David Kanter, Pct. 7 questioned whether there were any State actions that would
<br /> invalidate the Town's prohibition. Mina Mikarious, Town Counsel, responded in the negative.
<br /> 8:53 p.m. Michelle Ciccolo, member, Board of Selectmen, reported lack of support for the Article
<br /> in a(0-5) vote.
<br /> 8:53 p.m. Eileen Jay, member, School Committee, reported lack of support in a(0-5) vote.
<br /> 8:54 p.m. James Shaw, Chair of the Board, Chamber of Commerce stated opposition of the
<br /> Chamber.
<br /> 8:59 p.m. Peter Enrich, Pct. 4, and other Town Meeting Members posed questions regarding the
<br /> current prohibition and consequences of its repeal. Mr. Mikarious responded.
<br /> 9:04 p.m. John Hayward, Pct. 5, called the question. Motion Approved.
<br /> 9:04 p.m. Mr. Handwerker made summary remarks.
<br /> 9:06 p.m. Following electronic vote tallying, the Moderator declared Article 36 NOT Adopted
<br /> on a vote o£
<br /> Yes No Abstain
<br /> 24 124 8
<br /> 9:08 P.M. The Moderator declared the Meeting open under Article 43.
<br /> 9:08 P.M. Presented by Taylor Singh, Pct. 7.
<br /> ARTICLE 43: AMEND CHAPTER 135 ZONING BYLAW (CITIZEN ARTICLE)
<br /> MOTION: That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended,
<br /> effective April 1, 2018, as follows:
<br /> 1) Delete §135-3.1.7: "Recreational Marijuana Moratorium".
<br /> 2) Insert in §135-6.10 of the Town's Zoning Bylaw, Definitions, the following definition: "Marijuana
<br /> Establishment": Any Establishment, registered as a Marijuana Establishment in accordance with Massachusetts
<br /> law and licensed by the Cannabis Control Commission pursuant to 935 CMR 500 et seq.
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