[Added 5-6-2013 ATM by Art. 27; amended 5-1-2014 ATM by Art. 27]
The intent of this bylaw is to address possible adverse public
health and safety consequences related to the passage of State Referendum
Question 3 on November 6, 2012. It is the purpose of this section
to minimize any potential adverse impacts on the quality of life in
the Town. It is the intent of this bylaw to establish specific zoning
standards and regulations for registered marijuana dispensaries, medical
marijuana infused products, medical marijuana paraphernalia, manufacturers,
and medical marijuana growing and cultivation operations either related
to a registered marijuana dispensary; to provide for the limited establishment
of registered marijuana dispensaries in appropriate place's and under
strict conditions in acknowledgment of the passage of the said Question
3; to minimize the adverse impacts of registered marijuana dispensaries
on adjacent properties, schools and other places where children congregate,
and other land uses potentially incompatible with said dispensaries;
to regulate the siting, design, placement, safety, monitoring, modification,
and removal of registered marijuana dispensaries; and to limit the
overall number of registered marijuana dispensaries in the Town to
what is essential to serve the public necessity.
Where not expressly defined in the Zoning Bylaw, terms used in this article shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et seq., and the Department of Public Health Regulations promulgated thereunder, 105 CMR 725.001 et seq., and otherwise by their plain language.
This definition encompasses marijuana cultivation related
to registered marijuana dispensaries; the process of propagation,
including germination, using soil, hydroponics, or other media to
generate growth and maturity; and the intended process of bringing
a plant or other grown product to maturity for harvesting, sale, refining
or use as an ingredient in further manufacturing or processing.
In addition to the commonwealth's definition under MGL Chapter
94C, "marijuana" shall mean and include: marijuana, marihuana, cannabis,
hashish, cannabis seeds, THC (tetrahydrocannabinol) and its derivatives
and 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 "medical marijuana treatment center(s),"
a not-for-profit entity registered under 105 CMR 725.100 that acquires,
cultivates, possesses, processes (including development of related
products such as edible marijuana-infused products, tinctures, aerosols,
oils or ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies,
or educational materials to registered qualifying patients or their
personal caregivers. Unless otherwise specified, registered marijuana
dispensary refers to the site(s) of dispensing, cultivation, and preparation
of marijuana.
Registered marijuana dispensaries may be permitted pursuant
to a special permit subject to the following limitations:
A.
Registered marijuana dispensaries and marijuana cultivation may not
be located within 500 feet of the following:
(1)
Any school, child-care establishment, or place where minors
frequent (e.g., a library, ball field, sports or family recreation
facility, religious facility or the like);
(2)
Any drug or alcohol rehabilitation facility;
(3)
Any group home, halfway house or similar facility; or
(4)
Any other registered marijuana dispensary;
B.
The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses identified in § 190-106(a) to the nearest point of the property line of the proposed registered marijuana dispensary.
The Zoning Board of Appeals shall be the special permit granting authority for a registered marijuana dispensary special permit. In addition to the materials required under §§ 190-42 through 190-48, Special Permits and Site Plan Review, the applicant shall include in its application for such a special permit:
A.
A copy of its registration as a registered marijuana dispensary from
the Massachusetts Department of Public Health;
B.
A detailed floor plan of the promises of the proposed registered
marijuana dispensary that identifies the square footage available
and describes the functional areas of the registered marijuana dispensary,
including areas for any preparation of marijuana-infused products;
C.
Detailed site plans that include the following information:
(1)
Compliance with the requirements for parking and loading spaces,
for lot size, frontage, yards and heights and coverage of buildings,
and all other provisions of this bylaw;
(2)
Convenience and safety of vehicular and pedestrian movement
on the site and for the location of driveway openings in relation
to street traffic;
(3)
Convenience and safety of vehicular and pedestrian movement
off the site, if vehicular and pedestrian traffic offsite can reasonably
be expected to be substantially affected by on-site changes;
(4)
Adequacy as to the arrangement and the number of parking and
loading spaces in relation to the proposed use of the premises, including
designated parking for home delivery vehicle(s), as applicable;
(5)
Design and appearance of proposed buildings, structures, freestanding
signs, screening and landscaping; and
(6)
Adequacy of water supply, surface and subsurface drainage and
light.
D.
A copy of the security measures, including employee security policies,
approved by the Department of Public Health for the registered marijuana
dispensary;
E.
A copy of the emergency procedures approved by the Department of
Public Health for the registered marijuana dispensary;
F.
A copy of the policies and procedures for patient or personal caregiver
home delivery approved by the Department of Public Health for the
registered marijuana dispensary;
G.
A copy of the policies and procedures for the transfer, acquisition,
or sale of marijuana between registered marijuana dispensaries approved
by the Department of Public Health;
H.
A copy of proposed waste disposal procedures; and
I.
A description of any waivers from the Department of Public Health
regulations issued for the registered marijuana dispensary.
A.
After notice and public hearing and consideration of application
materials, consultant reviews, public comments, and the recommendations
of other Town boards and departments, the special permit granting
authority shall act upon such a permit application.
B.
The special permit granting authority shall impose conditions reasonably
appropriate to improve site design, traffic flow and public safety;
to protect water quality, air quality and significant environmental
resources; to preserve the character of the surrounding area; and
otherwise to serve the purpose of this bylaw. In addition to any specific
conditions applicable to the applicant's registered marijuana dispensary,
the special permit granting authority shall include the following
conditions in any special permit granted under this bylaw:
(1)
Hours of operation, including dispatch of home deliveries;
(2)
The permit holder shall file a copy of any incident report required
under 105 CMR 725.110(F) with the Zoning Enforcement Officer, the
Chief of Police and the special permit granting authority within 24
hours of creation by the registered marijuana dispensary. Such reports
may be redacted as necessary to comply with any applicable state or
federal laws and regulations.
(3)
The permit holder shall file a copy of any cease and desist
order, quarantine order, suspension order, order limiting sales, notice
of a hearing, or final action issued by the Department of Public Health
or the Division of Administrative Law Appeals, as applicable, regarding
the registered marijuana dispensary with the Zoning Enforcement Officer,
the Chief of Police and the special permit granting authority within
48 hours of receipt by the registered marijuana dispensary.
(4)
The permit holder shall provide to the Zoning Enforcement Officer
and Chief of Police the name, telephone number and electronic mail
address of a contact person in the event that such person needs to
be contacted after regular business hours to address an urgent issue.
Such contact information shall be kept updated by the permit holder.
(5)
The special permit shall lapse five years after its issuance.
If the permit holder wishes to renew the special permit, an application
to renew the special permit must be submitted at least 120 days prior
to the expiration of the special permit.
(6)
The special permit shall be limited to the current applicant
and shall lapse if the permit holder ceases operating the registered
marijuana dispensary.
(7)
The special permit shall lapse upon the expiration or termination
of the applicant's registration by the Department Public Health.
(8)
The permit holder shall notify the Zoning Enforcement Officer
and special permit granting authority, in writing, within 48 hours
of the cessation of operation of the registered marijuana dispensary
or the expiration or termination of the permit holder's registration
with the Department of Public Health.
No use shall be allowed that creates a nuisance to abutters
or to the surrounding area, or which creates any hazard, including,
but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious
dust, vapors, offensive noise or vibration, flashes, glare, objectionable
effluent or electrical interference, which may impair the normal use
and peaceful enjoyment of any property, structure or dwelling in the
area.
The provisions of this bylaw are severable. Many provision,
paragraph, sentence, or clause of this bylaw or the application thereof
to any person, establishment, or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application
of this bylaw.
