we have a quorum so please take your seats good evening i'd like to bring the resumption of the special town meeting vendor fourteen two thousand and eighteen to order i'd ask us to stand for the pledge of allegiance and and check your device and see that you have a green light after you press i will confirm that you have been registered procedure is following a it can only be on the final action a new yard a call and following the vote it can be either a voice vote or an electronic vote the individual who wants to request a roll call should stand and say mr moderator i request a roll call we then see we take with our electronic devices with and vote to see if there are thirty fo good evening i elena brian cushman town clerk do hereby certify that i gave notice of the adjourned session of the special town meeting held november thirteenth two thousand and eighteen by posting a tested copy of the notice of the adjournment the town clerk's official bulletin boards in town hall and at least five other places in town giving notice that the special town meeting had not been completed and had been adjourned to meet again today wednesday nov fourteenth two thousand and eighteen at the general middle school sorry the belmont high school at seven pm briefly stating the business to be acted upon all in accordance with a representative town meeting x one thousand nine hundred six as amended and section three are coming up our towns veterans services officer and if i can read this town of belmont massachusetts board of selectmen proclamation whereas in february one thousand nine hundred fifteen germany announced unrestricted warfare against all ships neutral or otherwise that entered the war zone around britain and whereas in march one thousand nine hundred fifteen the german cruiser sank the william p fry a private american vessel on may seventh one nine hundred fifteen the british own lusitania ocean liner was torpedoed without warning off the coast of ireland and of the one thousand nine hundred fifty nine passengers one thousand one hundred ninety eight were killed including one hundred twenty eight americans and into the one nine hundred fifteen germany sunk in a talian liner without warning killing two hundred seventy two people including twenty seven americans and twenty eight sailors and whereas in one thousand nine hundred seventeen germany announced the resumption of unrestricted warfare and war zone waters whereas three days later the united states broke with diplomatic relations with germany and in the hours following that the american liner who's a tonic was sunk by a german u boat and where as in february twenty second one nine hundred seventeen congress passed a two hundred fifty million dollar arms appropriations bill intended to make the united states ready declared war against germany and whereas on june twenty sixth one nine hundred seventeen the first fourteen thousand u s infantry troops landed in france to begin training for combat in the united states entrance in the war would prove to be a major turning point whereas the world war one ended and of ember eleven thousand nine hundred eighteen with the united states having mobilized four million soldiers with one hundred sixteen thousand seven hundred eight u s military personnel dying during the war now therefore be it resolved that the you very much adam i sincerely appreciate that and on behalf of the town of belmont as the veteran service officer representing the over six hundred veterans that live in this community i want to thank the town i would also like to if i could read the names of those who made the ultimate sacrifice in world war one that would be john c'mere joseph serino victor cra they made the ultimate sacrifice we appreciate the town recognizing that and the observance of the veterans day ceremonies we've had this week and i should also make note that at the belmont public library there's a world war one display there as memorabilia they're going to learn more about world war one they are as well tomorrow evening as some of you may be aware of we will be having a film screening of the devil dogs a documentary is approximately one hour long that tells the story of the united states marines serving at bella woods in france it talks about the sacrifice of over seven thousand american soldiers that died there the film is about well worn of course but it also features the story of major edward cole whose granddaughter lives here in belmont carolyn kingston she will be there to answer questions and to introduce the film sorry tomorrow will be seven to eight thirty at the town hall auditorium it's free of charge no admission but we do welcome your attendance and look forward to you coming thank you thank you oh no you have the night free tomorrow because you set it aside for a third night of town meeting that we won't have so we expect to see you there organizations is under threat by rule being proposed by the f c c and senators markey and warned of come out against it and we need to hear from residents if you're interested they're looking to get members of the public who are cable subscribers to also send letters and good evening i'm charles clarke chair of the plain would town meeting member precinct four this isn't and then meant to zoning bylaw for the adult use marijuana establishment overlay district moved that the town voted to amend zoning by law by inserting a news section six f adult use marijuana establishment overlay district as set forth in the nov seventh twenty eighteen document entitled revised main motion under article four proposed adult use marijuana establishment zoning by law as distributed by the town clerk to each town meeting member prior to this meeting i notice we have to meeting member from precinct seven mr moderator if you had asked me fifty years ago in one thousand nine hundred sixty eight when i lived in berkeley california whether i thought that i would be standing in front of town meeting at belmont in twenty eighteen talking about marijuana zoning i would have wanted to know what you'd been  smoking development of zoning requirements for marijuana sales in belmont is not new it's not a new phenomenon if you'll recall the town planner and members of the planning board crafted a medical marijuana zoning article that town meeting approved back in two thousand and fourteen so this is not a new sync with the planning board began talking about zoning for adult recreation recreational marijuana businesses at about the same time last year at this time and held its first public meeting it first appeared on our agenda in january so we've been considering this again for quite some time meanwhile the town planners began compiling relevant information and drafting draft language and they've been working on that continuously as changes have come in from the cannabis control commission which finally enacted its rules approved its rules last spring unfortunately when they approved those rules it was too late for us to hold the proper public hearings to to set forth a warrant article for last year's town meeting so we came to you and your town meeting so we came to you and asked for another moratorium an extension of the moratorium for six months  primarily so that we could have enough time for the public to have proper input we were concerned about making sure that everyone in belmont since it was such a narrow vote would have an opportunity to have a say in this meanwhile it was also unclear whether the town was going to allow all forms of marijuana commission or restricted in some way and as you know in september the town voted to restrict commercialization to two retail stores that narrowed our task considerably but again we had already been working on it last summer we started holding public input sessions forms well attended heard from many many people online in writing by telephone we were  for conversation with people throughout the town and listening intently throughout i think we over the past year have held a very open and thorough process toward developing the warrant that is now for  one we needed to establish a location for locating a location for placement for allowing retail marijuana sales to we need to determine what the buffer zone was going to be the state had provided for five hundred feet we wondered if we wanted to do something less less strict of or not and three we needed to figure out what the permit process was so first of all what we found in our public meetings was first of all and foremost that there was severe addiction what's the word i'm looking for the extreme concern about placing stores in any kind of marijuana businesses in areas that were a budding residential zone so placing stores up and down the road belmont on establishments in terms of signage and public presence of these establishments marijuana retail stores aren't going to make for their not like craft beer store it's going to be there they're going to look something like a dentist's office not that there's anything wrong with that but they won't have any displays in the store front per se they'll be pretty anonymous buildings and that's not an attractive from a planning perspective not necessarily a tract tenant to invite into your retail leonard street for example storefronts next to the craft beer store a much much more fitting in a more sort of anonymous is known such as south pleasant street and it's it turns out here so that's the link the pleasant street there's about a mile of road frontage there it's a little less than a mile of road funders there something like sixteen acres of property  you can see there are quite a number of different properties twenty three geoffrey for getting the number something like that so there are ample opportunities there for stores our concern was and our challenge was to find an area or areas that would support two businesses and initially i for one and other members of the board were concerned that this one district would not be sufficient to support two stores of the same type they're really not very competitive in appearance or anything like that and the product is essentially the same we all know what the product is we had floated the idea of putting stores elsewhere but with reaction from the town and for the study of viability of putting two stores in this this area we figured out that this would be sufficient just as a footnote cambridge has enacted in their zoning requirement that stores be eight hundred feet apart well this is close to a mile we've got ample room for in that scenario three stores possibly even four depending on how you how you locate them  we feel like this is sufficient for now i know that there are people who would like to see stores located in other areas but for now this seems enough as a starting point for belmont that's the location as for the buffer we settled on five hundred feet doing looking at the circles of three hundred feet two hundred feet four hundred feet five hundred or more there's really not that much difference basically we need to be five hundred feet we've decided it's you need to be five hundred feet from stores will have to be located five hundred feet from a public school or private school there's the high that's for the permit process we've decided that the planning board is going to be the permit granting authority and the special permit will be required and we have set forth the rules for that permit permit in the warrant that you've got before you want to just spend a moment talking about permanent processes because for those of you who are concerned about this retail marijuana stablish ment's cannot be cited casually  in the state this is not a casual process first of all you've got state state cannabis control commission has an extensive application process that is is interactive with the town's process one of the steps that the town has to approve the application in terms of its compliance with local zoning law isn't isn't back and forth process between  control commission and the local authorities on the local level there are three steps required one is that the applicants have to enter into a community host agreement and that requires an  selectmen who will negotiate that agreement that's a rather extensive agreement there are examples of those out in the in the world in those agreements towns get to negotiate what additional benefits they're going to derive they can and as you glance through these you can see that this is a lot of restrictions can display the products in an attractive way you don't actually see anything from the street you come open a door and enter  vestibule secure a vestibule and you must offer positive identification to get into the next room where then you can discuss buying product the sales person has to be twenty five years old the customer has to be twenty five years board the planning board is the final gatekeeper in this and the planning board will make sure that the applicant has complied with all the other steps and then in addition will comply with what the local zoning it is one of the aspects that i didn't mention is that we've concerned about having this bleed out into the community and be sort of loosen wild west i don't think you need to be concerned there are too many  restrictions on this to make it wide open so that's basically my present day thank you mr pinkerton and now mr mr clarke mr clarke we have a clarifying amendment which will dispose of it and then open up for discussion of the of the article presumably as amended mr  marijuana overlay district is basically a clarifying amendment which i it's explained afterwards moved that article four be amended by inserting the following sentence at the end of section six f thought to to clarify that the south pleasant street overlay district s p s o d will apply to the adult use marijuana establishment overlay district only if a part of proposed adult use marijuana establishment seeks to use any of the benefits of the s p s o d and here's the and then six f point two authority and establishment the planning board shall be the special permit or you can agree or granting authority for adult use marijuana establishment  all requirements of the underlying district remain in effect except where this section provides an alternative to set requirements land within a u n e o d may be used either for one and a u m b in which case the requirements set forth in this section six f shell apply or to a use allowed in the underlying zoning district in which case the requirements of the underlying zoning district shall apply if the provisions of the a u n e o d are silent on his zoning regulation the requirements of the underlying zoning district shall apply if the provisions of the a u n e o d conflict with the requirements of the underlying its zoning district also be subject to the s p s o d designed guidelines in section sixty three point three if the project proposes to use any of the provisions of section sixty three point one of the s p s o d to enlarge or enhanced the a u m i'm sure we can all follow what mr as a mouthful basically did there was a technical issue which one of our legal friends pointed out and we just wanted to make sure what this clarifies is if you're doing an adult use marijuana facility and you want to use some of the requirements the benefits of the south pleasantry over late district which we'll talk about you're allowed for the use but you have to comply with the dimensional regulations it's just a quick thanks to bring the kevin cunningham pressing for i don't object to the amendment per se but i don't like the fact that it presumes the passage of the south pleasant street overlay district if it were conditional i wouldn't have any problem with it but it seems to me presumptuous charles cl the question is if article three were not passed george hall town council the text of this would go into the bylaw if it's it's an adopted it may be moot in the sense that it's referring to a district that doesn't exist and because it's contingent language it wouldn't come into play but from a standpoint of just not wanting to have surplus language in the amendment is adopted unanimously we now open discussion to the motion under article four as amended yes i am a thurston precinct one i'm reading so i don't go down a rabbit hole so i appreciate the work that the planning board did on this this was a task so thanks for your time your patience and your transparency for the my main concern shockingly is the zoning map by failing to match the retail overlay district to the medical overl district were centrally rendering the existing medical overlay district on brighton flanders moot because given the nature of this brand new industry it is highly unlikely that medical dispensary will open without at least the possibility of a retail component in the future a variety of reasons for this one being that state charges right now thirty thousand dollars for an operational application to open a medical operations sponsor and three hundred for retail so if you're choosing one you're going to have a retail component the work to bring oning the medical overlay taking it out of what is clearly a contentious location so that in the future we can revisit the adult use overlay and combine the two can you move a little closer to the microphone i can thank you sure despite my opposition to these things i will be floating in favor of this by a lot tonight and i urge you all to do the same i'm an ardent anti prohibition as in a legalization advocate but i'm also a pragmatist and i think we have to start somewhere navigate my mantras do not let the perfect be the enemy of the good much like alcohol as time passes we're going to realize that the sky isn't falling and we can then make evidence based decisions given that our next though is on yet another moratorium extension i fear that we will find ourselves in a situation where voting down by laws in order to keep extending moratoriums and hence we delay delay and delay some more potentially with the intention of using that time to try to bring another total band to town we need to move on we voted in two thousand and sixteen we voted in september i'm even tired of hearing myself talk about marijuana at this point let's get these bylaws on the books and move forward as a community to adhere to the will of the voters and hopefully welcome a new business or two to this town so despite significant imperfections i urge town meeting to pass this by law i do have a question for a town council or the planning board i'm not sure are you aware of any town in massachusetts the did not match up their medical and retail overlay districts and if so did they pass muster with the agency and we have an answer to that george hall town council i haven't made any inquiry into that but in terms of whether other towns have done it but there has certainly been a lot of discussion about the differing nature of these facilities and i don't think one more follow up to that are you aware of other towns that have a narrow strip of that with restrictive licenses like a limit on the number of licenses and where those approved by the agee i again i'm not aware of that i don't even know offhand i know of a number of towns that have opted out completely and they're actually to my knowledge aren't that many that have gone with the cap or if that's happened it's been fairly recent  in mind that even the towns that were ahead of the curve on this are are six months ahead of us and so a lot of this is new and i i have not comprehensively surveyed  control commission is not going over these things they're not you know we're deciding whether or not they're in the intent of the law or not but the three percent was there for a reason and with two licenses i feel really strongly that we don't want to create a paid to play situation with with competition between two people complete you know any and any entities competing for a limited number of license thank you yes elizabeth dion precinct two two points of commendation for the planning board  the first as i was not closely involved in this process didn't attend the meetings but heard from a number of people who did a lot of whom were new to issues in the town and  the second thing is to thank you for considering the residential issues and the reason that i say this is radio boston had a very long segment today on help brooklyn is he and i think this across many committees has tried to be respectful of various feelings brookline there's a proposal to put a six thousand square foot establishment in the middle of a small residential neighborhood the same your head and it is ripping that  and i was distressed to hear the very dismissive of the chair of the select board in terms of his attitude toward those residents and what they thought of this and so again i'm just very appreciative of the fact that even though we many of us have very different feelings i still think we've done a very good job coming together as a board of selectmen as the planning board in trying to craft a compromise solution where people whether or not they are the outcome  yes ma'am helen bateman precinct four if this article does not get their required two thirds believe and the moratorium is not the buffer doesn't apply and it would be in the commercial district right sorry to be clear and by right there wouldn't have to go for a permit so those three things the the  underlying buffer comes from the state but the location and the permanent process provisions wouldn't apply so they could just come in and put in a store anywhere when you the buffer are you talking about the five hundred to five hundred feet so that would stand because that's that's part of the state statute thank you yes ma'am thank you mr moderator most syrian precinct i move the question the question has been moved to terminate debate let's we'll do this by electronic vote one second here this requires two thirds if you want to terminate debate on this a vote yes if not no   a lot of you know that have been pretty involved in the marijuana issue in town and i helped come up with the idea of twenty five being the belmont law i think that fits belmont well i am very concerned this is just way too restrictive and i've heard from the planning board that cambridge is very much considering right down the street from the plate called next door to allow marijuana and i feels that if we don't put our own possible retail store on that block it's a very good chance cambridge will just put one two or three doors down and that would be twenty one and over and that is the whole point of the twenty five and over not being near a high school guard list of where it is that high school kids will not look twenty five they they will have a really hard time buying marijuana near school if it's twenty five but if it's twenty one we know they managed to find out the whole somehow and i think it's the wrong message so i know we all are here to try to do the right thing for our children and for the town but i am very concerned with not putting marijuana on that street thank you did you want to respond to that and thank you bonnie and in many ways with what you're saying however i think it's very important tonight that we get behind this amendment there are flaws in  it we understand that from a planning perspective we would have liked to have captured more opportunity for for businesses to be here and particularly even preclude this exact operation that you're talking about  road however at the same time as a planning board we have some responsibility to protect the rights of a relatively large minority in this town are there concerns of a relatively large minority in this town  and in that respect i think we've done that by limiting the amount of area for now as time passes on we can correct some of the deficiencies i think as the state consolidates its regulation of  medical and and recreational marijuana that will probably prompt our having to rethink those two stunning laws that we have and do something called since consolidation and at that time a few years down the road we'll have the opportunity to revisit the whole issue of placement for now i i feel i think the board certainly feels that we have provided enough space for the nation businesses to get started and have an opportunity but at the same time protect the concerns of those who are really very at this point nervous about let's state it gently about having marijuana in town at all i would urge you all pro or con to get behind this amendment because if we don't we're going to go through another long arduous cycle and come right back to the same place thank you yes ma'am helen sugar heard from mr pinkerton sorry i forgot your clarke sorry about the process and the host agreement and the special permit and i'm a little unclear as to the differences it sounds like the host agreement i'm wondering is the special permit duplicative of the host agreement you know what's the if you could provide a bit more information that would be the host agreement you're correct in sin noting that there are elements of each of these and each of these bodies have influence on the other but there are distinct responsibilities obviously the board of health has its responsibilities in terms of health the planning board's role is in making sure that it's in the right location that it has the right parking that it's got the right lighting that the signage is in compliance all of the kinds of things that the planning and zoning board deals with the host agreement is an agreement beyond that to elicit some concessions if you will or some cooperative gestures on the part of the businesses that are going to be locating in terms there's quite an overlap and some of these some of these agreements are quite extensive the town of wister i think goes on seven pages halifax's got it down to a nice four but they're not duplicative hard on confused about the  document that you provided it talks about signage it talks about location in that district and size and that sort of thing so it's all that spelled out there what is the special permit isn't that already stated there i'm thinking a special permit is you have to come and meet with you guys and go over something else i mean if that's all laid out what's special permit they have to apply for the permit and have to demonstrate that they're going to comply with all the provisions in the law that's what the application is and then we look will look at that and get public input and make sure that they're going to be compliant with the law and then we give them a permit to operate business so that's the same just trying to understand for all of those things and they've selected a site they have to go through a special permit process with the planning board to locate at that site and to locate at that site they have to meet all the zoning requirements and those other things so where the special prop permit process to put it on the ground in that location does that help the funnel where the bottom of it just seems spilled out in the document thank you thank you ma'am melissa macintyre tommy member precinct eight one quick question which is i think i know the answer but i'm just curious to get it clarified what sorts of identification will be required for somebody to prove that they are over the age of twenty five in order to purchase should an establishment be brought into town mr hall i think that's a state water requirement i think it's a george could you identify or trial town council i q i think it's a massachusetts driver's license but it would be specified in the state law it's not in of the local host community agreement and i i'm sure it includes a driver's license i'm not sure what else something so whoever is working at the establishment would be required to note that there is an official state driver's license or other appropriate identification showing that the person's birth date was so you know that they were the only place for older the state licensing process is the most analogous to the liquor licensing process and requires not only you know identification and training of all the personnel which would include the training to make sure that that identification is properly checked but also record keeping for that purpose and also here that's required by the state in the store this is this is not a happy placed source and so so that helps with identification and it helps create and atmosphere of terror so  o i also have one quick comment if i could the reason i was asking the question is i personally have lots of feelings on various directions of this about the question of marijuana in belmont and i know that a lot of other people as we've discussed have a lot of very strong feelings about this so i wanted to get this clarification hopefully as some piece of piece of mind for people on the other clarification i wanted to make as was discussed a few months back is that we're not we're not talking about yes or james murphy tom any member prison five i just want to clarify this discussion is about a small amendment which will be relevant if eight is passed or at least temporarily or three is not pas is that correct no this is not for article four to amend article three or this is we have voted on that already or were discussed or hoggard or discussing the main motion under article four the main motion on the yes we amended we had that clarifying amendment which passed and so now we're discussing the main motion under article four has amended  wanted everyone in belmont to have a say in this and they heard a wide range of opinions the article before you is a compromise the planning board and mr wheeler use their expertise to carefully craft this by a law you're never going to make everybody happy but i agree with let's get this on the books also the intention of the sponsors of article eight i will say this is if this article four passes article eight will be dismissed if zoning bylaws been adopted there is no need for a moratorium regardless of the location of marijuana establishment the planning board needs the opportunity to regulate marijuana businesses a special permit is there's a one time thing if when you cite a business if it require if the zoning by a lot of requires a special permit for it you need to get the special permit before you can get a building permit but the special permit then runs with the land and as long as you continue that operation that special permit is in effect licensing like alcohol licensing is an annual thing has to be applied for and renewed every year it's subject to revocation for noncompliance with the conditions of the licens of the statute marijuana establishment are also subject to licensing but the key difference is that alcohol licenses are issued locally by the board of selectmen which is the local licensing authority licenses for marijuana establishment will be issued by the cannabis control commission at the state level so the only influence that the town has on the licensing process is through the the general by a law that was adopted last spring which prevents the cannabis control commission from issuing more section six f s and frank dash seven special permit conditions on a u m e's if you go down to section b it says the special permit sh lapse within five years of its issuance if the special permit holder wishes to renewed the permit and application to reno be submitted that's correct steve does that contradict what special permits this particular special permit provision and i had forgotten it makes them for limited periods of time then if it is if if this section says this type of special permit shall expire after a period of time  thank you any further discussion all right saying not we will vote it requires two thirds were voting on the main motion under article four as amended so this is the main motion tally the final vote to always have been in favor fourteen oppose well more than two thirds so article the motion under article four is adopted i have a note here that there are two vehicles with interior lights one is a great toyota sedan owned by omarion road resident and the other is a gray mazda s u v owned by a hawthorn street resident article a this is a citizens petition porsche thompson who's been a minute to the floor is speaking for the petitioners but the motion will be read and then a motion to dismiss by m marijuana establishment temporary moratorium so forth under article eight of the warrant for the special tommy miss thompson did you want to explain why you even tended to put that on and then your intention to dismiss i believe is thompson thank you but hello everyone my name is portia thompson i live at eleven beatrice circle and i'm the sponsor of the citizen's petition for article eight the citizens petition was submitted by a group of concerned parents back in early october since then over several meetings the planning board did an excellent job listening to the public input and settling on a compromise now th place there is no need for a nother moratorium we think the planning board for their extensive efforts we think town meeting members for approving the proposal and on behalf of all the parents who signed the petition unanimously thank you very much we now turn to the final article of a special town meeting article three the south pleasant overlay district mr clark zoning by law by inserting a new section sixty south pleasant street over lake district as set forth in the november seventh two thousand eight hundred document titled revised main motion under article three proposed pleasant street overlay district as distributed by the town clerk to each town meeting member prior to this town meeting and do dunham of the planning board will make do you robinson pointed out that the language which you'll see here that was in the original text is out of date so we have some corrected language to conform with the americans with that not only this this correction here which we really appreciate but we've had a number of corrections or suggestions for the text of this from people in the town town meeting members and others and we appreciate and we think they've made it better so thank you to all of you here's the corrected text sixty two point two additional uses permitted by says special permit in the s p s o d age restrict a age restricted housing development a development that provides independent housing for households including at least one member fifty five years or age or older occupant and may include any one of the following one a spouse under fifty five years of age of an occupant may reside in the occupants unit to a spouse who survives the occupant three a spouse where the occupant has moved out of the unit into long term care facility for a child brother or sister of an occupant or spouse who has a mental or physical disability and is dependent upon said occupant or spouse for daily care for five a paid caregiver providing medical or health care to an occupant or spouse in the original text we had said a handicapped child we were corrected on with the tonight with a proposal from the planning board to enhance economic redevelopment opportunities along south pleasant street this area too has been studied on over the decades with no action and so we're hoping to move forward with our proposal tonight let's start by quickly walking down the part of south pleasant street we are discussing so the overlay of facts three parcel eight hundred pleasant street one thousand pleasant street and ten ten pleasant  street this slide shows the location on the street three parcels and a total six point five acre this map shows the existing zoning of the parcel as local business to if you know it's adjacent to local business one which is designated in the paint color and hold that thought for a moment we'll get back to it in a second so if we go to the next slide as we noted before the purpose is to revitalize the street and the planning board had also  wanted to respond to the need for elderly housing identified in the housing production plan recently adopted by the town so the purpose as i said earlier was to to enhance the economic development opportunities how we are going to achieve it is to maintain the existing zoning which is l b two and then layer on the existing l b one which as i noted before is the adjacent so were talking about using existing zoning tools that already exist in the town and with the intention of promoting mixed use development as is in l b one so as a property owner you have the option of using l two the underlying zoning or using the overlay you can use the tools allowed or the regulations allowed by l b one  general business local business sort of small businesses mixed use daycare l b one i mean excuse me on pleasant street allows a motive and that's the only place in town it's loud but generally we're trying to promote small businesses mixed use we added two new uses in response to the housing for elderly one is the assisted living and the other would be a restricted housing for people fifty five and so then in addition we propose minor adjustments to the dimensional regulations that are only allowed by special permit and the adjustments align with the existing l b one with the exception of high where we proposed forty feet with a special permit but three storey building in order to promote a more transparent ground level retail with or residential so lastly with a special permit the planning board may allow waivers to the parking regulations based on a specific proposal so for example if someone built an assisted living facility you might not need quite as much parking as you would need for another use so we would look at what was proposed and make adjustments if it seems appropriate so in summary this overlay district provides opportunity for economic we will consider this amendment and then either adopt it or not will then return to discussion of the main motion mr saper brian saper member precinct six move for drivers exiting or crossing sidewalks sacred you want to explain the purpose of the amendment so the proposed by laws recommand regulations regulating landscaping and the sight lines that can't be effected by the landscaping and i am disturbed at many intersections in particular around town and parking lots that i can't see the on coming traffic because of maintained landscaping at the edge of the road and i'm proposing this as a way of making it safe for people to exit parking lots and cross sidewalks on this property to the board of selectmen have a position on this yes we do mr moderator  we now return to discussion of the main motion as amended under article three yes ma'am in hong tommy member precinct eight i like the idea of providing assisted living housing and age restricted housing in this area and i would certainly want good success tell shot placement and how the town many of the residents had said that they did not want it near their homes and so i was wondering would that compromise the success of these potential new homes two i think the question of like sort of the most the most proximate situation where you might have a an adult use marijuana  first floor of a building with a say in assisted living above i mean that's that's that's really going to matter that's that's really at the discretion of the of the buildings opposite owner and operator there if you're talking about the district  at large i don't i think what we heard in our in our the feedback that we got from the residents at our public hearings the the primary concerns were impacts on children meeting member precinct three i'm curious why the planning board stopped the overlay district at white street and didn't extend it to  specifically drew the line where we drew it there at the western and to keep it out of get out of waverly square the board's our understanding is that that area is going to be the focus of a separate planning effort in the near discussions with owners of those three properties about specific proposals mr clark i'm charles clarke chair of the claim would meeting member precinct four we have had a plumber in every discussions on general concepts with the with the owners of the properties within here they're generally favorable to these things as you might know there was a presentation on ten ten wasn't st in june or july i believe about one of these parcels was a conceptual design for potential is a living nothing has gone forward on that nothing has been signed or anything and i believe that still up in the air i would not expect that we would see that any development or anything has been signed at this point simply because you wouldn't go forward until you're entitled seven in place you can't get belmont that has a fifty five and older age restriction mr wheeler yes geoffrey wheeler the towns in your planner there is no other area in town its age restricted thank you i'm glad to hear that i'm very in favor of providing more opportunities for housing that suitable for older people including assisted living i would never want to put us in the business of discriminating against people on the basis of age and especially because i'm over fifty five myself i would consider it  trying robotham precinct two i was curious about the interactions between this and what what happened many years ago in terms of the mclean property where i believe there is still a right to be able to put up a system living facility and i was wondering if this was you know if there was intention that this was going to somehow replace that or be in never got off the ground with them this is in response and i believe that at some point they may do something else there but i believe that concept is off the table what this does is this provides potential uses that in belmont for over fifty five and for assisted use that we believe will get built and we believe if you at if you recall when the housing production plan was discussed in the fall it was discussed in the spring one of the main points that the housing production play and pointed out was the lack of housing for  over fifty five in town people who want to stay in belmont but don't want to remain in their houses anymore this will actually enable that to happen we hope and in addition will also provide in part of the town's inclusionary zoning law affordable housing for a certain percentage of that which is part of the housing production plan which that which the planning board and the board of s en have agreed to and adopted it's been accepted by the commonwealth we think that this is a good step forward but at the same time by rights the ability to build or towns senior planner it is not a buy right project it does require designing site plan review and so they would whoever that developer is if one should come forward for that site would have to go back for the play back through the planning adding l b one to l b to be perfectly in favor of this but you know there's a lot these are not minor adjustments as they were described these are pretty substantial now you know having the system living might be fine but you know there's all these height requirements as all sorts of things that are being modified in this and you know just i have a concern about that charles clarke chair of the planning for downtown me member precinct fo we're aware of those issues and we one of the issues with the whole south pleasant street corridor and i was and this is been been worked on by the town for over the last twenty years to get some development going forward there and in spite of the market's you know the tidal wave of economic development and you know housing and all sorts of other things happening in in the commonwealth in the boston area not too much has happened there one of the reasons is because of the underlying zoning which is relatively restricted in terms of how much you can build it the dimensional aspects of that what the zoning does is it puts the l b one on that and we add a little bit more we add some more in terms of height you can actually in the l b to go to thirty eight feet l b l b one is twenty eight you can get a little bit more we're going to forty feet with a special permit on this but with all the mechanicals inside the building and one of the things that happens with this is you begin to make it economically feasible to develop us something there which hasn't happened before one of the owners of the property told me that we've been trying to move the stone in terms of redeveloping south pleasant street for twenty years and when they heard about what we're doing in terms of this the reaction was i think we're moving the stone a bit so what i'm asking you to do this evening and i hope you want to stand what we've done in terms of the zoning is try to move the joyal precinct one meeting member it sounds from your presentation like there might be three goals to revitalize the area provide housing and also potentially provide some tax revenue and so to the last point i know that often times developments for elderly are over fifty five people the developer either creates or partners with a nonprofit for maybe many purposes but one such purpose is to avoid property taxes so i wanted to it's not really a planning board is a more overall concept that if something is developed and it's in country unction with a nonprofit that we be sure to enter into a full and robust pilot agreement that would provide equal revenue to the town to go with you next and then over and janssen town meeting member precinct three i have a question about how the amendment or the article that we just passed about the marijuana overlay district interacts with this one in particular with respect to that buffer zone and the uses that were suggested up there which could include a private school or a daycare center if if if one daycare center a private school was sited there before a retail establishment is the buffer zone then honored how does that work to typically it's i don't just mean wheeler townson a planner so the question you're asking is if a school is cited in this state doesn't allow anything lasting k through twelve so the buffer have to be from or maybe a waldorf school for example which tends to have some interesting locations that would then definitely impact a fifty foot fifty foot buffer  marijuana stop short mr clark charles clarke chair of the planning board and tell me to remember precinct four you have to realise that the overlaid district here is about six and a half acres we've got sixteen acres so even something like that happens we get plenty of room thank you michael michael mack marc tommy member precinct seven i strongly support this i think this is wonderful but here's a younger person you have to pay ford so i think you should knowledge that i did have one question though boat accessibility and i heard this mentioned by a previous time union member who had mentioned this to me about it would be accessible for the elderly to get to other town services from that location would there be a shuttle bus like how that work i'm sort of curious i was sprung support i just wonder if it's easily accessible for the elderly who maybe can't walk that far or would be limited as to stars and at stars a planning board member i think that that's  is the only s b two that allows automotive uses or whatever so so my question i support the goal of revitalizing i'm curious to think about whether there's a second generation issue here that we need to be mindful of when we vote on this tonight in appraisal parlance assisted living arrest be one or higher in better use so if we are successful in passing this is only and new uses come in that replacing those existing uses and now the only place where we have marijuana and the only place where we have s p two automotive is where there is a higher economic use do we have to then go search for a new place to move allow those businesses or do we subject our talented lawsuits by having zero ning economics preclude the use in those areas mr clarke charles clarke chair of the planning poured tommy member precinct four and they are a member of the appraisal institute i'm a commercial real estate appraiser  in a case yes i understand your concern about that the overlay district is only for six and a half acres of sixteen acres whether then there are only be two medical to adult use marijuana you know and they will be relatively small retail stores and there is still this still ten acres that are l b two that could be used for automotive ok so i mean one of the concerns that we heard from the property owners from for these parcels here was that you know our first thought was that we would just do l be wanting to get rid of the l b two and they said to us we would prefer and they asked us to think about keeping l b two for the fact that they might want to keep automotive there or have it as an option so we are conscious of that so it's not a complete overlap it's a partial it's a partial over like  wheeler replied to a question about whether or not there was any other age restricted age fifty five a living in belmont and i'm looking at the mclean district zone and under allowed uses under six a one point want to clarify that in fact there is existing age restricted and i just want to clarify that that is the that is the case jeffrey wheeler senior player yes that is indeed  right i just i understand i understood that but i just want to make sure that there is in existence zoning to that nature but i do understand that i am looking forward to having that clean zone become active and i  move the question all right a motion to terminate debate is adopted one ninety four in favor eighteen opposed obviously more than two thirds we now turn to the to the vote on the motion the main final vote is two hundred one in favor well vote oppose for the main motion as amended and for the record as corrected thank you and mr dash who want to make the motion t