[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. Definition.
RECREATIONAL MARIJUANA ESTABLISHMENT
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.