[Added 9-16-2013 by TOR-2013-7;
amended 5-5-2014 by TOR-2014-1]
A.
It is recognized that the nature of the substance cultivated, processed,
and/or sold by medical marijuana treatment centers and off-site medical
marijuana dispensaries may have objectionable operational characteristics
and should be located in such a way as to ensure the health, safety,
and general well-being of the public as well as patients seeking treatment.
The specific and separate regulation of registered marijuana dispensaries
("RMD") as medical marijuana treatment centers and off-site medical
marijuana dispensary ("OMMD") facilities is necessary to advance these
purposes and ensure that such facilities are not located within close
proximity of minors and do not become concentrated in any one area
within the Town of Agawam.
B.
Subject to the provisions of this Zoning Bylaw, Chapter 40A of the
Massachusetts General Laws, and 105 CMR 725.000, registered marijuana
dispensaries and off-site medical marijuana dispensaries will be permitted
to provide medical support, security, and physician oversight that
meet or exceed state regulations as established by the Massachusetts
Department of Health ("MDPH").
In addition to the standard requirements for uses requiring
a special permit and site plan approval, the following shall also
apply to all registered marijuana dispensaries and off-site medical
marijuana dispensaries:
A.
Use.
(1)
RMD and OMMD facilities may only be involved in the uses permitted
by its definition and may not include other businesses or services.
(2)
No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
(3)
The hours of operation shall be set by the special permit granting
authority, but in no event shall an RMD or OMMD facility be open to
the public, and no sale or other distribution of marijuana shall occur
upon the premises or via delivery from the premises, between the hours
of 8:00 p.m. and 8:00 a.m.
(4)
RMD facilities that can demonstrate that they comply with the
agricultural exemption under MGL c. 40A, § 3 must still
apply for site plan approval.
B.
Physical requirements.
(1)
All aspects of the use/facility relative to the acquisition,
cultivation, possession, processing, sales, distribution, dispensing,
or administration of marijuana, products containing marijuana, related
supplies, or educational materials must take place at a fixed location
within a fully enclosed building and shall not be visible from the
exterior of the business.
(2)
No outside storage is permitted.
(3)
No OMMD facility shall have a gross floor area in excess of
2,500 square feet.
(4)
Ventilation. All RMD and OMMD facilities shall be ventilated
in such a manner that no:
(a)
Pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the outside atmosphere;
and
(b)
No odor from marijuana or its processing can be detected by
a person with an unimpaired and otherwise normal sense of smell at
the exterior of the medical marijuana business or at any adjoining
use or property.
C.
Signage.
(1)
Signage shall be displayed on the exterior of the RMD and OMMD
facility's entrance, in plain sight of clients, stating "Registration
Card Issued by the Massachusetts Department of Public Health Required,"
in text two inches in height.
(3)
In addition, all signage must conform to the requirements of
105 CMR 725.105(L) as amended.
D.
Location.
(1)
No RMD or OMMD facility shall be located on a parcel which is
within 225 feet (to be measured in a straight line from the nearest
points of the facility in question to the RMD or OMMD building) of
a parcel occupied by:
[Amended 6-21-2021 by Ord. No. TOR-2021-3]
(a)
A public or private elementary, junior high, middle, vocational
or high school, college, junior college, university or child-care
facility or any other use in which children commonly congregate in
an organized, ongoing, formal basis; or
(b)
Another RMD or OMMD facility, except that this limitation shall
not apply in Industrial Zones.
(2)
No RMD or OMMD facility shall be located on a lot which abuts
a residential use (including commercial residential uses such as hotels,
motels, lodging houses, etc.) or residential zoning district.
(3)
No RMD or OMMD facility shall be located inside a building containing
residential units, including transient housing such as motels and
dormitories.
E.
Reporting requirements.
(1)
All special permit and site plan approval holders for an RMD
or OMMD facility shall provide the Police Department, Fire Department,
Building Inspector and the special permit granting authority with
the names, phone numbers and e-mail addresses of all management staff
and key holders, including a minimum of two operators or managers
of the facility identified as contact persons to whom one can provide
notice if there are operating problems associated with the establishment.
All such contact information shall be updated as needed to keep it
current and accurate.
(2)
The local Building Inspector, Board of Health, Police Department,
Fire Department and special permit granting authority (in cases where
a special permit and site plan approval were granted) shall be notified,
in writing, by an RMD or OMMD facility owner/operator/manager:
(3)
Permitted RMD and OMMD facilities shall file an annual report
to and appear before the special permit granting authority no later
than January 31, providing a copy of all current applicable state
licenses for the facility and/or its owners and demonstrating continued
compliance with the conditions of the special permit.
(4)
The owner or manager is required to respond by phone or e-mail
within 24 hours of contact by a city official concerning his or her
RMD or OMMD at the phone number or e-mail address provided to the
city as the contact for the business.
F.
Issuance/transfer/discontinuance of use.
(1)
Special permits/site plan approvals shall be issued to the RMD
operator.
(2)
Special permits/site plan approvals shall be issued for a specific
site/parcel.
(3)
Special permits/site plan approvals shall be nontransferable
to either another RMD operator or site/parcel.
(5)
The permit holder shall notify the Zoning Enforcement Officer
and special permit granting authority, in writing, within 48 hours
of such lapse, cessation, discontinuance or expiration.
(6)
An RMD or OMMD facility shall be required to remove all material,
plants, equipment and other paraphernalia prior to surrendering its
state registration or ceasing its operation.
(a)
Prior to the issuance of a building permit for an RMD or OMMD,
the applicant is required to post with the Town Treasurer a bond,
or other form of financial security acceptable to said Treasurer,
in an amount set by the Planning Board. The amount shall be sufficient
to cover the costs of the Town removing all materials, plants, equipment
and other paraphernalia if the applicant fails to do so. The Building
Inspector shall give the applicant 45 days' written notice in advance
of taking such action. Should the applicant remove all materials,
plants, equipment and other paraphernalia to the satisfaction of the
Building Inspector prior to the expiration of the 45 days' written
notice, said bond shall be returned to the applicant.
In addition to the standard application requirements for special
permits and site plan approvals, such applications for an RMD or OMMD
facility shall include all of the following:
A.
The name and address of each owner of the RMD or OMMD facility/operation;
B.
A copy of its registration as an RMD from the Massachusetts Department
of Public Health or documentation that demonstrates that said RMD
or OMMD facility, and its owner/operators, qualifies and is eligible
to receive a certificate of registration and meets all of the requirements
of an RMD in accordance with 105 CMR 725.000 of the Massachusetts
Department of Public Health;
C.
Evidence that the applicant has site control and right to use the
site for an RMD or OMMD facility, in the form of a deed or valid purchase
and sales agreement or, in the case of a lease, a notarized statement
from the property owner and a copy of the lease agreement;
D.
A notarized statement signed by the RMD or OMMD organization's chief
executive officer and corporate attorney disclosing all of its designated
representatives, including officers, directors, shareholders, partners,
members, managers, or other similarly situated individuals and entities
and their addresses. If any of the above are entities rather than
persons, the applicant must disclose the identity of all such responsible
individual persons;
E.
In addition to what is normally required in a site plan, details
showing all exterior proposed security measures for the RMD or OMMD,
including lighting, fencing, gates and alarms, etc., ensuring the
safety of employees and patrons and to protect the premises from theft
or other criminal activity;
F.
A detailed floor plan identifying the areas available and functional
uses (including square footage);
G.
All signage being proposed for the facility;
H.
A traffic study to establish the RMD or OMMD impacts at peak demand
times; and
I.
A management plan including a description of all activities to occur
on site, including all provisions for the delivery of medical marijuana
and related products to OMMDs or off-site direct delivery to patients.
In addition to the standard findings for a special permit and
site plan approval, the special permit granting authority must also
find all the following:
A.
That the RMD or OMMD facility is designed to minimize any adverse
visual or economic impacts on abutters and other parties in interest;
B.
That the RMD or OMMD facility demonstrates that it will meet all
the permitting requirements of all applicable agencies within the
Commonwealth of Massachusetts and will be in compliance with all applicable
state laws and regulations;
C.
That the applicant has satisfied all of the conditions and requirements
of this section and other applicable sections of this article.
D.
That the RMD or OMMD project meets a demonstrated need;
E.
That the RMD or OMMD facility provides adequate security measures
to ensure that no individual participant will pose a direct threat
to the health or safety of other individuals, and that the storage
and/or location of cultivation is adequately secured; and
F.
That the RMD or OMMD facility adequately addresses issues of traffic
demand, circulation flow, parking and queuing, particularly at peak
periods at the facility, and it impact on neighboring uses.
