[Added 11-19-2013 STM by Art. 15; amended 3-28-2017 STM by Art. 12]
A.
Purpose. The purpose of this bylaw is to establish specific zoning
regulations for the placement, siting, design, placement, security,
monitoring, modification, and removal of registered medical marijuana
dispensaries (RMD) and the products produced or dispensed. These zoning
regulations help to promote economic development and protect the property,
history, and most importantly, the children of our community.
B.
Applicability. The commercial cultivation, production, processing,
assembly, packaging, selling (retail or wholesale), distribution or
dispensing of marijuana for medical use is prohibited unless permitted
as a medical marijuana treatment center under this section. Nothing
in this bylaw shall be construed to supersede state laws governing
the sale and distribution of narcotic drugs. No medical marijuana
treatment center or any marijuana cultivation use shall be established
except in compliance with the provisions set forth in this section.
C.
MARIJUANA
MEDICAL MARIJUANA TREATMENT CENTER
MARIJUANA CULTIVATION
Definitions. For the purpose of this section the following definitions
shall apply:
In addition to the definition provided under Massachusetts
General Law Chapter 94C, for the purpose of this section, the definition
shall include marijuana, marihuana, cannabis, hashish, cannabis seeds,
THC (tetrahydrocannabinol) and its derivatives and/or extracts, as
well as any substances containing THC, whether in plant, including
its flowers, oil, resin, solid, liquid, or aerosol form.
Also known as a "registered marijuana dispensary" (RMD),
means an establishment, lawfully permitted and licensed by the Massachusetts
Department of Public Health under regulations duly promulgated by
said Department of Public Health or any other applicable authority,
that acquires, cultivates, processes, dispenses, transfers, transports,
sells, or administers marijuana products, or any derivative thereof,
including without limitation, food, tinctures, aerosols, resins, oils,
ointments, or smokeables, to qualifying patients or their personal
caregivers.
The process of propagation, including germination, using
soil, hydroponics, or other mediums for bringing a marijuana plant
to growth and maturity for harvesting, sale, refining or use as an
ingredient in further manufacturing or processing as it relates to
a medical marijuana treatment center.
D.
Location.
(1)
General. Any medical marijuana treatment center or marijuana cultivation
activities permitted shall be located only in the Industrial Zoning
District.
(2)
Buffer zone. No medical marijuana treatment and dispensing facilities
use or commercial marijuana cultivation activities shall be located
within a five-hundred-foot radius from:
(a)
Any residential district;
(b)
Any school, day-care center, or any facility where children
congregate. A facility is not, however, limited to a building. A "facility
where children congregate" includes, but is not limited to, facilities
in which children gather for a particular purpose in a structured
and scheduled manner, or which are dedicated to the use by children,
such as playgrounds, youth service programs, day-care centers, youth
sports facilities, dance schools, and gymnastic schools;
(c)
Any public bike path;
(d)
Any other medical marijuana treatment center or marijuana cultivation
site;
(e)
Any drug or alcohol rehabilitation facility;
(f)
Any correctional facility, half-way house or similar facility;
or
(g)
Any establishment licensed under the provisions of MGL c. 138,
§ 12 (Licenses for on-premises alcoholic beverages).
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Item 1 will be measured from property line to property line.
Items 2 through 6 will be measured in a straight line from the nearest
point of the facility in question to the nearest point of the proposed
medical marijuana treatment and dispensing facilities use or commercial
marijuana cultivation. For example, a playground outside a school
would be considered a facility where children congregate, so the line
would be measured from the edge of the playground to the nearest point
of the building that would house the potential medical marijuana treatment
and dispensing facilities use or commercial marijuana cultivation
activities.
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(3)
Cultivation. Cultivation is allowed in all districts by right if
applicant is eligible for protection under MGL c. 40A, § 3.
Any cultivation is required within a building and will require a special
permit. Cultivation of marijuana or marijuana-based products shall
not be considered an agricultural use.
(4)
Signage. Any permitted medical marijuana treatment center shall comply with the requirements of Article X of the Townsend Zoning Bylaw and shall be approved by the SPGA. The SPGA may impose restrictions such as text only, limited graphics, or no pictorial displays. No off-site signage or advertising in any form shall be allowed.
(5)
Visibility. There shall be no visibility of activities, products
or treatment occurring within or on the premises of a medical marijuana
treatment center or marijuana cultivation site from the exterior of
such facility or premises.
(6)
Manufacturing. A special permit for medical marijuana infused product
manufacturing may be issued only in locations where medical marijuana
treatment and dispensing facilities and commercial marijuana cultivation
activities are permitted. The packaging and labeling of medical marijuana
infused products must conform to state laws. Edible infused products
must not bear a reasonable resemblance to any product available for
consumption as commercially available candy as defined by the Department
of Public Health.
E.
Permitting. A medical marijuana treatment center and/or marijuana
cultivation shall not be established without obtaining a special permit.
Any such special permit issued by the Special Permit Granting Authority
shall comply with all relevant local and state laws.
(1)
Authority. The Planning Board shall serve as the Special Permit Granting
Authority (SPGA). This authority shall ensure strict compliance with
this section.
F.
Criteria.
(1)
It is recommended that a concept plan showing the proposed use shall
be submitted to the SPGA for review and discussion prior to the filing
for the special permit. In granting any special permit, the SPGA shall
assure that the proposed use:[1]
(a)
Will not be injurious or dangerous to the public health or unduly
hazardous because of traffic congestion, danger of fire or explosion
or other reasons.
(b)
Will not have a material adverse effect on the value of land
and buildings in the neighborhood or on the amenities of the neighborhood.
(c)
Will be operated with reasonable regard for order and sightliness,
if an open use.
(d)
Will not produce noise, vibration, smoke, dust, odor, heat or
glare observable at the lot lines in amounts clearly detrimental to
the normal use of adjacent property.
G.
Documentation. The SPGA shall be provided with all decisions or approvals,
denials or other substantive actions by DPH regarding the medical
marijuana treatment center and/or marijuana cultivation and all submittals
of information relating to such activities between the applicant or
medical marijuana treatment center and/or marijuana cultivation and
DPH.
H.
Term. A special permit granted under this section shall have a term
limited to the duration of the applicant's ownership or legal control
of the premises as a RMD. A special permit may be transferred only
with the approval of the Special Permit Granting Authority in the
form of an amendment to the special permit with all information required
in this section.
I.
No entitlement or vested rights to permitting. No person shall be
deemed to have any entitlement or vested rights to permitting under
this bylaw by virtue of having received any prior permit from the
Town including, by way of example only, any zoning permit or any wholesale
food manufacturer's license. In order to lawfully engage in the business
of selling, cultivating, or manufacturing medical marijuana, or products
containing marijuana, cannabis, or THC, in the Town on and after the
date of passage of this bylaw, any person must qualify for and obtain
a special permit in accordance with the requirements of this section.
J.
Compliance. The permitting of a medical marijuana treatment center
and/or marijuana cultivation shall comply with all applicable local
and state requirements. All applicants shall provide a certificate
of registration from the Massachusetts Department of Public Health
as a registered marijuana dispensary (RMD).
K.
Security. All building security and safety systems shall be approved
by the Townsend Fire and Police Chiefs and submitted to the SPGA.
(1)
A medical marijuana treatment center and/or marijuana cultivation
shall be open to inspection by the Fire Department, Police Department,
Building Official and the Board of Health. Inspections may be scheduled
and unscheduled, with 24 hours' notice of request for such inspection,
to be made by the Town department or official. A property contact
shall be available to such Town department or official 24 hours a
day, seven days a week.
[Added 11-28-2017 STM by Art.
8]
On November 8, 2016, the voters of the commonwealth approved
a law regulating the cultivation, processing, distribution, possession
and use of marijuana for recreational purposes (new MGL c. 94G, Regulation
of the Use and Distribution of Marijuana Not Medically Prescribed).
The law, which allows certain personal use and possession of marijuana,
took effect on December 15, 2016, and (as amended on December 30,
2016, by Chapter 351 of the Acts of 2016 and thereafter, on July 28,
2017, by Chapter 55 of the Acts of 2017) requires a Cannabis Control
Commission to issue regulations regarding the licensing of commercial
activities by March 15, 2018, and to begin accepting applications
for licenses no later than April 1, 2018. Currently under the Zoning
Bylaw, a non-medical marijuana establishment (hereinafter, a "recreational
marijuana establishment"), as defined in MGL c. 94G, §1, is not
specifically addressed in the Townsend Zoning Bylaw. The regulation
of recreational marijuana raises novel legal, planning, and public
safety issues, and the Town needs time to study and consider the regulation
of recreational marijuana establishments and address such issues,
as well as to address the potential impact of the state regulations
on local zoning and to undertake a planning process to consider amending
the Townsend Zoning Bylaw regarding regulation of recreational marijuana
establishments. This temporary moratorium on the use of land and structures
in the Town for recreational marijuana establishments will allow sufficient
time to address the effects of such structures and uses in the Town
and to enact bylaws in a consistent manner.
A.
RECREATIONAL MARIJUANA ESTABLISHMENT
Definition.
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business.
B.
Temporary
moratorium. For the reasons set forth above and notwithstanding any
other provision of the Zoning Bylaw to the contrary, the Town hereby
adopts a temporary moratorium on the use of land or structures for
a recreational marijuana establishment and other uses related to recreational
marijuana. The moratorium shall be in effect through December 31,
2018, or until a bylaw is earlier approved. During the moratorium
period, the Planning Board, on behalf of the Town of Townsend, shall
undertake a planning process to address the potential impacts of recreational
marijuana in the Town, and to consider the Cannabis Control Commission
regulations regarding recreational marijuana establishments, and shall
consider adopting new zoning bylaws in response to these new issues.
