The Board of Appeals shall hold public hearings in accordance
with the provisions of MGL c. 40A, c. 40B, and c. 41 on all appeals
and petitions brought before it.
Repetitive petitions for special permits, appeals and petitions
for variances and applications to the Board of Appeals shall be limited
as provided in MGL c. 40A, § 16.
Any person aggrieved by a decision of the Board of Appeals or
any special permit granting authority, whether or not previously a
party to the proceeding, or any municipal officer or board may, as
provided in MGL c. 40A, § 17, appeal to the Superior Court
or to the Land Court by bringing an action within 20 days after the
decision has been filed in the office of the Town Clerk.
This bylaw may be amended in accordance with the procedure described
in MGL c. 40A, § 5.
[5-10-2004 ATM, Art.
31]
In the event that any section of this bylaw or part thereof
shall for any reason be held or declared to be illegal or otherwise
unenforceable, such holding or declaration shall not affect the legality
or enforceability of any other section or part thereof.
[Added 5-8-2017 ATM,
Art. 32]
A.
Purpose.
(1)
By
vote at the state election on November 8, 2016, the voters of the
Commonwealth approved a law regulating the cultivation, distribution,
possession and use of marijuana for recreational purposes. The law
provides that it is effective on December 15, 2016, and a Cannabis
Advisory Board is required to issue regulations regarding implementation
by September 15, 2017. Currently, under the Zoning Bylaw, recreational
marijuana establishments and marijuana retailers are not a permitted
use in the Town and any regulations promulgated by the State Cannabis
Advisory Board are expected to provide guidance to the Town in regulating
recreational marijuana establishments and marijuana retailers. Further,
the ballot measure establishes two important provisions that require
ballot action by the Town prior to the adoption of zoning. First,
the Town must, by ballot, determine whether it will issue licenses
for recreational marijuana establishments and marijuana retailers,
and second, by ballot that cannot occur prior to November 6, 2018,
the next biennial state election, on whether to allow on-site consumption
of marijuana products should the Town decide to allow licenses for
such facilities.
(2)
The
regulation of recreational marijuana establishments and marijuana
retailers raises novel and complex legal, planning and public safety
issues and the Town needs time to study and consider the regulation
of recreational marijuana establishments and marijuana retailers as
well as to address the potential impact of state regulations on local
zoning and to undertake a planning process to consider amending its
Zoning Bylaw regarding recreational marijuana establishments and marijuana
retailers and other uses relating to the regulation of recreational
marijuana. The Town intends to adopt a temporary moratorium on the
use of land and structures in the Town for recreational marijuana
establishments and marijuana retailers so as to allow the Town sufficient
time to engage in the planning process to address the effects of such
structures and uses in the Town and adopt provisions of the Zoning
Bylaw in a manner consistent with sound land use and planning goals
and objectives.
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 and/or enacts a temporary moratorium on the use of land or structures for the processing, sale and/or transport of marijuana products, including products that have been manufactured and contain marijuana or an extract from marijuana that are intended for recreational use and consumption, including without limitation, edible products, beverages, topical products, ointments, oils and tinctures and also the operation of recreational marijuana or marijuana product establishments and recreational marijuana retailers. The temporary moratorium will end on June 30, 2018, unless this moratorium is sooner repealed by Town Meeting upon recommendation of the Planning Board. The moratorium enacted by this subsection will provide the Planning Board and Town sufficient time to write amendments to the bylaw to determine the best way to regulate facilities associated with selling and processing recreational marijuana and marijuana products, determine whether the Town shall restrict any, or all licenses for recreational marijuana establishments and marijuana retailers, and/or determine whether the Town will prohibit on-site consumption at recreational marijuana establishments and marijuana retailers. Nothing herein shall be construed as precluding the use of land or structures for a medical marijuana treatment center as that term is defined in this Zoning Bylaw which may be authorized under § 201-8.4A hereof.
C.
Severability.
The provisions of this bylaw are severable. If any provision, paragraph,
sentence, or clause of this bylaw or the application thereof to any
person, establishment, or circumstance shall be held invalid, such
invalidity shall not affect the other provisions or application of
this bylaw.
