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 (hereafter referred to as a "RMD") as medical
marijuana treatment centers and off-site medical marijuana dispensary
(hereafter referred to as a "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 Hadley.
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 (hereafter referred to as "MDPH").
[Amended 5-22-2021 ATM
by Art. 3]
See § 1.2.
In addition to the standard requirements for uses permitted
by right or requiring a special permit or site plan approval, the
following shall also apply to all registered marijuana dispensaries
and off-site medical marijuana dispensaries:
29.3.1.
Use:
29.3.1.1.
RMD and OMMD facilities may only be involved in the uses permitted
by its definition and may not include other businesses or services.
29.3.1.2.
No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
29.3.1.3.
The hours of operation shall be set by the special permit granting
authority, but in no event shall a 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.
29.3.1.4.
RMD facilities that can demonstrate that they comply with the
agricultural exemption under MGL c. 40A, § 3 must still
apply for site plan approval.
29.3.2.
Physical requirements:
29.3.2.1.
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.
29.3.2.3.
No OMMD facility shall have a gross floor area in excess of
2,500 square feet.
29.3.2.4.
Ventilation - all RMD and OMMD facilities shall be ventilated
in such a manner that no:
29.3.2.4.1. Pesticides, insecticides or other chemicals
or products used in the cultivation or processing are dispersed into
the outside atmosphere; and
29.3.2.4.2. 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.
29.3.3.
Signage.
29.3.3.1.
Signage shall be displayed on the exterior of the RMD and OMMD
facility's entrance in plain sight of clients stating that "Registration
Card issued by the MA Department of Public Health required" in text
two inches in height.
29.3.3.2.
All signage must conform to the requirements of Section VII
of these bylaws.
29.3.3.3.
In addition, all signage must conform to the requirements of
105 CMR 725.105(L.) as amended.
29.3.4.
Location:
29.3.4.1.
No RMD and OMMD facility shall be located on a parcel which
is within 500 feet (to be measured in a straight line from the nearest
points of each property line) of parcel occupied by:
29.3.4.1.1. 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
29.3.4.1.2. Another RMD or OMMD facility, except that
this limitation shall not apply in Industrial zones.
29.3.4.2.
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.
29.3.4.3.
No RMD or OMMD facility shall be located inside a building containing
residential units, including transient housing such as motels and
dormitories.
29.3.5.
Reporting requirements.
29.3.5.1.
All special permit and site plan approval holders for a RMD
or OMMD facility shall provide the Police Department, Fire Department,
Building Commissioner/Inspector and the special permit granting authority
with the names, phone numbers and email addresses of all management
staff and keyholders, 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.
29.3.5.2.
The local Building Commissioner/Inspector, Board of Health,
Police Department, Fire Department and special permit granting authority
(in cases where a special permit or site plan approval was granted)
shall be notified in writing by a RMD or OMMD facility owner/operator/manager:
29.3.5.2.1. A minimum of 30 days prior to any change
in ownership or management of that facility.
29.3.5.2.2. A minimum of 12 hours following a violation
or potential violation of any law or any criminal or potential criminal
activities or attempts of violation of any law at the RMD or OMMD.
29.3.5.3.
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 demonstrate continued
compliance with the conditions of the special permit.
29.3.5.4.
The owner or manager is required to respond by phone or email
within 24 hours of contact by a city official concerning their RMD
or OMMD at the phone number or email address provided to the city
as the contact for the business.
29.3.6.
Issuance/transfer/discontinuance of use.
29.3.6.1.
Special permits/site plan approvals shall be issued to the RMD
operator.
29.3.6.2.
Special permits/site plan approvals shall be issued for a specific
site/parcel.
29.3.6.3.
Special permits/site plan approvals shall be nontransferable
to either another RMD operator or site/parcel.
29.3.6.4.
Special permits/site plan approvals shall have a term limited
to the duration of the applicant's ownership/control of the premises
as a RMD or OMMD, and shall lapse:
29.3.6.4.1. If the permit holder ceases operation of
the RMD; and/or
29.3.6.4.2. The permit holder's registration by MDPH
expires or is terminated.
29.3.6.5.
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.
29.3.6.6.
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.
29.3.6.6.1. Prior to the issuance of a building permit
for a 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 the following:
29.4.1.
The name and address of each owner of the RMD or OMMD facility/operation.
29.4.2.
A copy of its registration as a RMD from the Massachusetts Department
of Public Health or documentation that demonstrates that said RMD
or OMMD facility, and its owner/operators, qualify and are eligible
to receive a certificate of registration and meet all of the requirements
of a RMD in accordance with 105 CMR 725.000 of the Massachusetts Department
of Public Health.
29.4.3.
Evidence that the applicant has site control and right to use
the site for a 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.
29.4.4.
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.
29.4.5.
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.
29.4.6.
A detailed floor plan identifying the areas available and functional
uses (including square footage).
29.4.7.
All signage being proposed for the facility.
29.4.8.
A traffic study to establish the RMD or OMMD impacts at peak
demand times.
29.4.9.
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 or
site plan approval the special permit granting authority must also
find all the following:
29.5.1.
That the RMD or OMMD facility is designed to minimize any adverse
visual or economic impacts on abutters and other parties in interest.
29.5.2.
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; and
29.5.3.
That the applicant has satisfied all of the conditions and requirements
of this section and other applicable sections of this Bylaw/Ordinance;
29.5.4.
That the RMD or OMMD project meets a demonstrated need.
29.5.5.
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.
29.5.6.
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 its impact on neighboring uses.