[Amended 4-6-2011 ATM by Art. 64, AG approval 9-15-2011]
This chapter may be amended pursuant to MGL c. 39, § 10,
and MGL c. 40A, § 5.
The provisions of this chapter are hereby declared
to be severable and, if any provision or the application of such provision
to any property, person or circumstance shall be determined to be
invalid, such invalidity shall not be construed to affect the validity
of any other provision hereof or the application of any provisions
to any other property, person or circumstances. The invalidity of
any section or provision of this chapter shall not invalidate any
other section or provision thereof.
The effective date of the adoption or amendment
of this chapter shall be the date on which such adoption or amendment
was voted upon by Town Meeting. If such adoption or amendment is subsequently
disapproved, in whole or in part, by the Attorney General, the Zoning
Bylaw as it would have read without the disapproved portion of the
adoption or amendment so voted, shall be deemed to have continued
in effect from the date of such vote.
[Added 11-6-2017 STM
by Art. 1, AG approval 2-26-2018]
A. Purpose. 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. Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of a non-medical marijuana establishments (hereinafter, a "recreational marijuana establishment," as defined in MGL c.94G, § 1) (hereinafter, a "recreational marijuana establishment"). 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 Zoning Bylaw regarding regulation of recreational marijuana establishments. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for recreational marijuana establishments so as to allow sufficient time to address the effects of such structures and uses in the Town and to enact bylaws in a consistent manner.
B. Definition.
RECREATIONAL MARIJUANA ESTABLISHMENT
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business.
C. 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. During the moratorium period, the Town 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.