TOWN OF MANCHESTER, VERMONT
PLANNING COMMISSION MINUTES
April 4, 2022
Commission Attendees: Ana Rahona, Phil Peterson, Chris Glabach, Leon Ward. Absent: Greg Boshart.
Staff Attendees: Janet Hurley (Planning & Zoning Director).
Public Attendees: Jason Morrissey, Tom Dailey, Lisa Mattison, Paul Carroccio, Jordan Keagy, Brian Benson (via Zoom), Mike Nawrath (via Zoom).
Hurley initiated recording. Peterson called the meeting to order at 7:10 p.m.
1. Minutes for the 03-15-2022 meeting were approved by unanimous consent.
2. Proposed Zoning for Cannabis Establishments – PUBLIC HEARING.
Peterson provided an introduction to the proposed zoning for cannabis establishments. Carroccio asked about applications for cannabis establishments that were submitted before June. Hurley said she might reject them because the activity would not yet be legal or licensed. Keagy said that the Cannabis Control Board would be issuing prequalifications before June and applicants could get a permit with the condition that they secure a license - they may want permitting in place by June. Dailey explained that prequalification is no guarantee that a license will be granted and retail licenses would not be issued until October. Carroccio asked about the non-retail licenses. Hurley said the aim is to have the zoning in place by June 1.
Morrissey explained that he was present on behalf of his client Don Dorr who owns property on Depot Street close to the Route 7 interchange. He asked the commission to consider allowing retail cannabis sales there, perhaps under an overlay that would extend retail sales 2500 feet further east along Depot Street from the end of the Town Center district, or by expanding the use into the Mixed Use 2 district. Door would grow and sell from his property there, the site of a former automotive repair shop that he has been improving.
Ward explained the reason for keeping retail centrally located was to enable easier policing and to fill vacant spaces in the downtown. Morrissey reiterated that allowing it in an overlay along Depot Street would lead to improvements and would lead to more opportunity to capture the options tax. Peterson suggested that zoning is fluid, that these proposed regulations are for a new industry, and that changes might be in order down the road. Ward suggested that an establishment that both produces and sells retail at one location is similar to a brew pub. He reiterated that we want that activity in the downtown. Morrissey conjectured that we might want to encourage some of these customers to make their point of sale and be on their way, rather than capture them downtown.
Benson asked what the proposed zoning would be for where the cannabis product could be consumed. Peterson explained that it will not be legal to consume in public or places of public accommodation. Dailey added that state regulations for retail cannabis will be similar to those for liquor stores. The product will have to be in a sealed bag, and otherwise very strictly controlled. He added that in states where cannabis has been legalized, most establishments are very high-end. He noted that the McBride design firm on Highland Avenue has designed for cannabis establishments. He characterized those designs as very 5th Avenue.
Benson relayed that when he was in Colorado, he regularly observed people smoking marijuana outside of dispensaries. Carroccio countered that his observations were that dispensaries in Colorado were well and professionally operated and have positive impacts on the resort towns. He suggested the same was true in Williamstown, MA. He observed no loitering and said the standard was set and was set high. Pointing out that cannabis also has medical uses, Carroccio argued that these businesses will be a good thing for Manchester.
Morrissey agreed and suggested that Don Dorr’s property on Depot Street could be further improved to support such a business. He repeated his call to consider an overlay to include this section of Depot Street. Dailey agreed that the medical side is important. He said research in the last 15 years on cannabinoids has revealed significant medical value. Now patients can receive cannabis treatments without having to smoke it or get high from it. Peterson pointed out that there are two shops in the downtown selling CBD products for medical uses.
Ward asked Hurley to describe the extent of the Mixed Use 2 district. Hurley displayed it on screen. Ward concluded that the entire MU2 was too big. Hurley added that limiting retail activity in the downtown was intentional so that people were encouraged to support other downtown businesses, or so that people would not have the option of a quick point of sale and exit. Peterson recalled that the police chief requested the activity to be confined. He added that it is a new form of commerce that will integrate with other enterprises in time. He reiterated that the regulations will be fluid over time and that this is a kind of pilot project. This is not the final public hearing on this forever.
Morrissey noted that municipalities look at tax revenue in general and having successful businesses is the basis of such revenue. He asked whether covering an additional 2500 feet would make a difference. He added that this area of town is not without retail establishments, including Brook Valley Appliance and Aubuchon.
Keagy asked for an explanation of why other than retail cannabis establishments were proposed to be restricted as they were. He noted that with required security and other measures, nobody will be able to tell that they are there. Peterson said that the commission fit them in where those similar establishments are already allowed. Hurley showed on screen that testing facilities are included with laboratory facilities in general, for example.
Glabach remarked that one aim of the recent zoning overhaul was to reduce the number of overlay districts. Hurley agreed and argued that multiple overlay districts were unwieldy. She noted that there are only 3 overlays now. Peterson asked whether there were additional questions or comments. Hearing none he thanked people for their input and reminded that there will be two more bites at the apple before the Selectboard votes on adoption.
3. 2022 Working Zoning Revisions
Hurley suggested commissioners consider allowing residential treatment facilities in the Residential 10 (R10) and Mixed Use 1 (MU1) districts as a conditional use. She suggested that it could provide more opportunity for productive use of historic structures that are vacant and falling into disrepair. She noted that it could also address mental health needs within the community. She noted the Highland Inn property, 46 Elm Street property, and the former Yarn Shop on Depot Street as examples of historic buildings falling into disrepair. She did have a hypothetical inquiry about the Highland Inn property in particular.
4. Town Plan Subcommittee Report.
Peterson reported that he and Ward will get together soon and have more to report at the next meeting.
5. Sourcewater Protection Committee Report
Hurley reported that the town has engaged a hydrogeologist to review the DiSimone findings and evaluate whether changes to the sourcewater protection area are in order. Benson asked for clarification on which DiSimone studies were shared with the consultant. Hurley said the one that Benson brought to the attention of the Selectboard and another conducted in Manchester were provided to the consultant for evaluation.
6. Depot Street Mixed Use Development Report
Hurley gave an update on project related activities and the committee makeup. A Phase I environmental assessment has been conducted. A Phase II is being pursued. MSK Engineering is conducting site design and a conceptual site plan. The goal is to address housing needs as determined in the January 2020 Kennedy market assessment. This would involve about 40 housing units for a mix of incomes in a multifamily building at the rear of the lot. It may involve relocating Town Hall to one or more of the existing buildings. The committee includes real Estate Development Consultant Joe Weith, Town Manager John O’Keefe, Planning Director Janet Hurley, Economic Development Officer Gordon Black, Selectboard Members Heidi Chamberlain and Laurie Kuntz, Planning Commissioner Greg Boshart, State Representatives Kathleen James and Seth Bongartz, and citizens Victoria Silsby, Doug Kilburn, Melanie Johnson, and Kiev Rattee.
7. Other Business.
Ward noted that in some municipalities, new government buildings must have an allocation in the budget for public art. Hurley suggested this would not be something for the zoning ordinance, but a separate ordinance. She suggested that the commission could urge the Selectboard for such a requirement.
Carroccio asked that the DiSimone studies be provided to him. Hurley indicated she would email them to Carroccio. He also requested the commission urge the Selectboard to get sewer service expanded to the APO along Richville Road. He argued it is a public health issue and should be a priority. Hurley said that it is a priority and conjectured that the lawsuit with the Hayes Estate may be a complicating factor.
Carroccio noted that the new web-based GIS with parcel and zoning information does not display the APO very well. It is difficult to see, and the sub-zones are difficult to distinguish. Also, multiple boxes on the layers tab must be checked in order to visualize the data. Hurley said the new system is a beta version and she will provide feedback to the administrators about these issues.
Glabach motioned to adjourn the meeting. Ward seconded the motion. The motion carried 3-0-0 at 8:38 p.m. Rahona departed at 8:00 p.m.
The next meeting of the Planning Commission will be May 9, 2022, at 7:00 p.m.
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For the Planning Commission Date