To provide for the placement of marijuana establishments, in accordance with the MGL c. 94G and the Act to Ensure Safe Access to Marijuana, Chapter
55 of the Acts of 2017, and all regulations promulgated thereunder, in locations suitable for lawful recreational marijuana facilities and to minimize adverse impacts of marijuana establishments on adjacent properties, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security, and removal of marijuana establishments.
Where not expressly defined in the Zoning Bylaws, terms used in the Recreational Marijuana Bylaw shall be interpreted as defined in MGL c. 94G and the Act to Ensure Safe Access to Marijuana, Chapter
55 of the Acts of 2017, and all regulations promulgated thereunder, and otherwise by their plain language.
MARIJUANA ESTABLISHMENT
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, or any other type of licensed marijuana-related
business, as set forth in MGL c. 94G, but not a marijuana retailer.
MARIJUANA RETAILER
An entity licensed to purchase and deliver marijuana and
marijuana products from marijuana establishments and to deliver, sell
or otherwise transfer marijuana and marijuana products to marijuana
establishments and to consumers as defined in MGL c. 94G and any regulations
promulgated hereunder.
The Planning Board shall be the special permit granting authority
(SPGA) for a marijuana establishment special permit.
A. Application. In addition to the special permit application, the applicant
shall include:
(1) A copy of its license as a marijuana establishment from the Cannabis
Control Commission;
(2) A detailed floor plan of the premises of the proposed marijuana establishment
that identifies the square footage available and describes the functional
areas of the marijuana establishment, including areas for any preparation
of marijuana products;
(3) A detailed site plan, approved in accordance with Article
X (Environmental Controls), §
220-34, of the Town's Zoning Bylaw, that includes the following information:
(a)
Compliance with the requirements for parking and loading spaces,
for lot size, frontage, yards and heights and coverage of buildings,
and all other applicable provisions of the Town's Zoning Bylaw;
(b)
Convenience and safety of vehicular and pedestrian movement
on the site and for the location of driveway openings in relation
to street traffic;
(c)
Convenience and safety of vehicular and pedestrian movement
off the site, if vehicular and pedestrian traffic off-site can reasonably
be expected to be substantially affected by on-site changes;
(d)
Adequacy as to the arrangement and the number of parking and
loading spaces in relation to the proposed use of the premises, including
designated parking for delivery vehicles, as applicable;
(e)
Design and appearance of proposed buildings, structures, freestanding
signs, screening and landscaping; and
(f)
Adequacy of water supply, surface and subsurface drainage and
light.
(4) A description of the security measures, including employee security
policies, approved by the Cannabis Control Commission for the marijuana
establishment;
(5) A copy of the emergency procedures approved by the Cannabis Control
Commission for the marijuana establishment;
(6) A copy of the policies and procedures for the delivery of marijuana
and marijuana products to and from the marijuana establishment approved
by the Cannabis Control Commission for the marijuana establishment;
(7) A copy of the policies and procedures for the transfer, acquisition,
or sale of marijuana between marijuana establishments approved by
the Cannabis Control Commission;
(8) A copy of proposed waste disposal procedures; and
(9) A description of any waivers from the Cannabis Control Commission
regulations issued for the marijuana establishment.
B. The SPGA shall refer copies of the application to the Building Department,
Fire Department, Police Department, Board of Health, Conservation
Commission, and the Department of Public Works. These boards/departments
shall review the application and shall submit their written recommendations.
Failure to make recommendations within 35 days of referral of the
application shall be deemed lack of opposition.
The SPGA may impose conditions reasonably appropriate to improve
site design; traffic flow; public safety; protection of water quality,
air quality, and significant environmental resources; preservation
of the character of the surrounding area and otherwise serve the purpose
of this section, and may regulate the hours of operation, including
product delivery. In addition to any specific conditions applicable
to the marijuana establishment, the following conditions shall apply
to any special permit granted under this bylaw:
A. The permit holder shall, within 24 hours of each incident, file with
the Zoning Enforcement Officer and the SPGA and maintain a copy of
an incident report with respect to the operation of the marijuana
establishment in the manner and for the reasons required pursuant
to 105 CMR 725.110(F)(1) and (3) for medical marijuana treatment centers.
Such reports may be redacted as necessary to comply with any applicable
state or federal laws and regulations.
B. The permit holder shall file a copy of any summary cease and desist
order, cease and desist order, quarantine order, summary suspension
order, order limiting sales, notice of a hearing, or final action
issued by the Cannabis Control Commission or the Division of Administrative
Law Appeals, as applicable, regarding the marijuana establishment
with the Zoning Enforcement Officer and SPGA within 48 hours of receipt
by the marijuana establishment.
C. The permit holder shall provide to the Zoning Enforcement Officer
and Chief of the Police Department, the name, telephone number and
electronic mail address of a contact person in the event that such
person needs to be contacted after regular business hours to address
an urgent issue. Such contact information shall be kept updated by
the permit holder.
D. The special permit shall lapse within five years of its issuance.
If the permit holder wishes to renew the special permit, an application
to renew the special permit must be submitted at least 120 days prior
to the expiration of the special permit.
E. The special permit shall be limited to the current applicant and
shall lapse if the permit holder ceases operating the marijuana establishment.
F. The special permit shall lapse upon the expiration or termination
of the applicant's license by the Cannabis Control Commission.
G. The permit holder shall notify the Zoning Enforcement Officer and
SPGA in writing within 48 hours of the cessation of operation of the
marijuana establishment or the expiration or termination of the permit
holder's registration with the Cannabis Control Commission.
No use shall be allowed which creates a nuisance to abutters
or to the surrounding area, or which creates any hazard, including,
but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious
dust, vapors, offensive noise or vibration, flashes, glare, objectionable
effluent or electrical interference, which may impair the normal use
and peaceful enjoyment of any property, structure or dwelling in the
area.
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 circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application
of this bylaw.