The Board of Appeals may authorize a temporary building, structure,
or use not in conformity with the provisions of the bylaw, if necessary
and incidental to the development of a permitted use. In such cases,
the applicant shall file with the Town Clerk a bond, with adequate
security, in such sum as may be required by the Board of Appeals,
together with bill of sale to the Town, effective in case any building
or structure is not removed prior to the expiration of the permit.
[Added 4-30-2018 ATM
by Art. 16]
The operation of any marijuana establishment, as defined in
MGL c. 94G, § 1, including, without limitation, a marijuana
cultivator, marijuana testing facility, marijuana product manufacturer,
marijuana retailer or any other type of licensed marijuana-related
business, is prohibited in all zoning districts of the Town. This
prohibition shall not apply to the sale, distribution or cultivation
of marijuana for medical purposes licensed under Chapter 369 of the
Acts of 2012.
[Added 4-30-2018 ATM
by Art. 17]
3.5.1.
Purpose. At the Massachusetts election held on November 8, 2016,
the voters of the commonwealth approved a new law which, among other
things, established MGL c. 94G, entitled "Regulation of the Use and
Distribution of Marijuana Not Medically Prescribed." That statute
permits "marijuana establishments" to be licensed by a new Cannabis
Control Commission (the "Commission") throughout Massachusetts for
the cultivation, testing, manufacture and sale of marijuana products.
The Commission was initially to promulgate regulations concerning
marijuana establishments by September 15, 2017, which date has been
extended to March 15, 2018, by Chapter 351 of the Acts of 2016. The
regulation of recreational marijuana raises many complex questions
concerning law, planning and public safety. The Town cannot adequately
address those questions until the Commission issues its regulations.
The purpose of this temporary moratorium is to provide the Town time
for study, reflection and decision concerning the said regulations
and the challenges posed by recreational marijuana.
3.5.2.
Temporary Moratorium. For the reasons set forth above and notwithstanding
any other provision of the Zoning Bylaws to the contrary, the Town
hereby adopts a temporary moratorium on the use of land or structures
for a "marijuana establishment" as defined in MGL c. 94G, § 1.
This moratorium shall not apply to the sale, distribution or cultivation
of marijuana for medical purposes licensed under Chapter 369 of the
Acts of 2012. The moratorium shall be in effect through December 31,
2018. During the moratorium period, the Town shall undertake a planning
process to address the potential impacts of recreational marijuana
on the Town, consider the regulations to be issued by the Commission,
determine whether the Town should ban any or all types of marijuana
establishments within the Town, decide whether to prohibit on-site
consumption of marijuana products at marijuana establishments, and
otherwise weigh its options in addressing the issues raised by recreational
marijuana.
3.5.3.
Severability. The provisions of this section are severable.
If any provision, paragraph, subsection, sentence or clause hereof,
or the application thereof to any person, establishment or circumstance,
shall be held invalid or illegal, such invalidity or illegality shall
not affect the other provisions hereof, or the application hereof
to other persons, establishments or circumstances.