Canton, Massachusetts · Saved source text
05-03-2018 MINUTES
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TOWN OF 0;131 \\I J1 O1\I PLA-1`4NING BOARD MEETING THURSDAY, MAY 39 2018 SAL AH IV1IEETffl\\IG ROOM Boit'UASIIUNGTON STREET r�r 70oo P.M. 1L OVJT� ELALeL MINUTES Present: Thomas Scully, Chairman Robert Panico, Vice Chairman Michael Mitcheroney, Clerk David McCarthy Patricia McDermott Also Present: Thomas Houston, Professional Services Corporation Laura Smead, Town Planner Karen Lawlor, Administrative Assistant Chairman Thomas Scully called to order the Planning Board meeting of May 3, 2018 at 7:00 p.m. A motion was made by Mr. Panico and seconded by Mr. McCarthy to open the public meeting. Motion Approved 5-0. A motion was made by Mr. Panico and seconded by Ms. McDermott to open the first hearing. Motion Approved 5-0. A motion was made by Mr. Scully and seconded by Mr. Panico to Waive the reading of the Article. First Item on the Agenda — 2o18 SPECIAL TOWN MEETING ARTICLE ( 1 ) Article _. To see if the Town will vote to amend the Town of Canton Zoning Bylaws by inserting a new section 3.4 of the Zoning Bylaws as follows to adopt a temporary moratorium on the use of land and structures to prohibit any new Hospital or Convalescent or Nursing Home in all zoning districts within the Town of Canton so that the Town may study and plan for the regulation of further Hospital or Convalescent or Nursing Home uses and operations in Canton and to hold related public hearings thereon; or to take any other action related thereto. 3.4 Temporary Moratorium on Hospitals and Convalescent or Nursing Homes 3.4.1 Purpose. The purpose of this Zoning Bylaw is intended to provide the Town with a reasonable time to study and plan for further regulation of Hospital and Convalescent or Nursing Home uses and operations in the Town of Canton, to hold related public hearings thereon, and to adopt Zoning Bylaws related to such uses and operations.
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Planning Boau°dl Minutes MaY 3, 2018 Page 2 of 7 3.4.2 Temporary Moratorium. Notwithstanding any other provision of the Zoning Bylaw or Table of Use Regulations to the contrary, the Town hereby adopts a temporary moratorium to prohibit all uses of land and structures for any Hospital or Convalescent or Nursing Home in all zoning districts. During the temporary moratorium, no Hospital or Convalescent or Nursing Home shall be permitted in any zoning district so that the Town may undertake a planning process to address the potential impacts of such facilities in the Town, determine where the Town will allow such uses and consider adopting new provisions of the Zoning Bylaw to address the impacts and operations of such uses. 3.4.3• Expiration. The temporary moratorium and this section 3.4 shall be in effect through June 30, 2019. Chairman Scully asked the Sponsor of this Article to speak and explain this Article. George Comeau of 225 Sherman Street introduced himself and explained that he has been working on the Zoning and has submitted this Article to be placed on the Special Town Meeting within the Annual Town Meeting warrant. He pledged to work on this issue and called for wisdom from the residents for a one (1) year moratorium until June 30, 2019. He has worked on this Article with Laura Smead and the Board of Selectmen. Attorney Paul Schneiders asked, through the Chairman, if the other Article is still on the Warrant, and will it be withdrawn on the Town Meeting floor? Attorney Gabriel Dym, representing 225 Turnpike Street, explained that he has submitted a letter from his client to the Planning Board and urged opposition to this Article. It is clear that the Board of Selectmen are trying to prevent this development from happening. Further he explained that the Definition of Nursing Homes needs to be reviewed and the Board needs to think hard about his letter and information from the Attorney General. There is a moratorium on marijuana; there is a drug epidemic in this Town; his letter lays everything out; and he is not going to violate the Zoning Act and the Attorney General's Office. Chairman Scully explained that we are not exclusive on how we treat treatment centers. These Centers were not addressed or defined in the Bylaws and the Board's need to manage these Centers in the right areas of Town. Our intent is to figure out how and where to place these Centers. The Applicant has frozen zoning in this area for three (3) years and there is no bearing in this location. The timing is coincidental and has no bearing on your client, and we can all agree to disagree. Mr. Comeau stated that there is a connection and they are creating linkage. When the ANR was filed the zoning freezes and it became a part of the process. The moratorium defines a period of time and this is in Zoning's hands. The Applicant for this property has given themselves protection with the ANR and he feels they are protesting too much.