The general purpose of this section is to provide for the placement
of registered marijuana dispensaries ("RMD") (also known as "medical
marijuana treatment centers") in suitable locations in the Town of
Wayland (the "Town") in recognition of and in accordance with "Medical
Use of Marijuana," MGL c. 94I. The specific purpose of this section
is to permit compliance with state law in a manner that protects public
health, safety and welfare and mitigates community and neighborhood
impacts, while ensuring that those entities permitted to operate an
RMD, as defined herein, comply with the relevant provisions of Chapter
55 of the Acts of 2017, and the regulations promulgated by the Cannabis
Control Commission (CCC) found at 935 CMR 501.000 et seq., and any
successor statutes and regulations, as applicable.
An entity as defined in 935 CMR 501.000 et seq., that acquires,
cultivates, possesses, processes (including development of related
products such as, edible MIPs, tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers
medical marijuana, products containing medical marijuana, related
supplies, or educational materials to registered qualifying patients
or their personal caregivers for medical purposes.
RMDs may only be sited within the Medical Marijuana District,
as further defined as Wayland Assessors Parcels 21-010, 21-005, 21-008A,
21-002, 21-004, 21-002A, 21-001, 21-008, 21-006A, 21-006 and 21-003,
as per Figure 1.
No RMD shall be located within 500 feet of a preexisting public
or private school providing education in kindergarten or any of grades
1 through 12. The distance shall be measured in a straight line from
the nearest point of the property line in question to the nearest
point of the property line where the RMD is or will be located.
Within the Medical Marijuana District, all requirements of the
underlying zoning district remain in effect, except where these regulations
provide an alternative to such requirements. If the provisions of
the Medical Marijuana District are silent on a zoning regulation,
the requirements of the underlying district shall apply. If the provisions
of the Medical Marijuana District conflict with the requirements of
the underlying district, the requirements of the Medical Marijuana
District shall control.
An RMD shall not be operated or expanded without first obtaining a special permit from the special permit granting authority in accordance with § 198-203 of the Zoning Bylaw.
A special permit shall only be valid for use by the applicant
and will become null and void upon the sale or transfer of the certificate
of registration of an RMD to a new owner or operator.
The special permit shall lapse if construction has not begun
on the project within two years of obtaining said permit, as determined
by the Building Inspector or their designee(s).
Applications to operate an RMD shall be subject to § 198-601 et seq., of the Zoning Bylaw. The site plan shall be submitted in conjunction with the special permit application and joined to the final approval for the special permit.
Visibility of activities. All activities shall be conducted
indoors, except for the lawfully authorized delivery or transportation
of medical marijuana.
Allowed uses. The special permit granting authority may permit some or all of the following uses or activities of an RMD, subject to any conditions that may be imposed by the special permit granting authority and upon a finding that such uses satisfy the special permit criteria of § 198-203.1: the sale, dispensing or administering of marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers ("principal uses"). The special permit granting authority may also permit the following additional uses, provided that such uses are and shall be incidental to the principal uses of the RMD: marijuana cultivation, processing, product research and manufacturing. Any marijuana cultivation, processing and product manufacturing operations allowed under this section shall be limited to serving the needs of the RMD in the sale, dispensing and administrating of marijuana and related products at the specific location for which the special permit is sought.
Lighting. Outdoor light levels shall not exceed one footcandle
along property lines, nor 10 footcandles for any location on the property.
Any light poles, new or existing, may not exceed 18 feet in overall
height. All outdoor light fixtures must be shielded and aimed down
in order to prevent light trespass onto adjacent properties. RMDs
may not illuminate growing operations between dusk and dawn, unless
within a fully enclosed, opaque building. The special permit granting
authority may modify this requirement for adequate security or other
reasons specified.
Parking. Off-street parking must be provided as stated in § 198-506 of the Zoning Bylaw. Off-street loading must be provided as stated in § 198-507 of the Zoning Bylaw. For buildings or sites that contain more than one type of marijuana use, each use shall be calculated separately and parking provided for each use on site, based on gross floor area of the individual uses. These requirements may be modified or waived by the special permit granting authority.
Fencing. Fencing may be required if determined necessary by
the special permit granting authority. In no instance shall barbed-wire
fencing be permitted.
Odor control. RMDs engaged in cultivation, processing, product
manufacturing, storage and/or transportation shall employ odor control
technology such that no odor from the RMD can be detected by a person
with an unimpaired and otherwise normal sense of smell at the exterior
of the facility or at any adjoining use or property.
Site plan. A site plan shall be submitted that includes all information required under § 198-601 et seq., Site Plan Approval, and must also include the following.
Security plan. The security plan shall be delivered directly
to the local Police Chief and reviewed and approved by the local Police
Chief, or their designee, to ensure the safety of employees, patrons,
and the public to protect the premises from theft or other criminal
activity. The security plan shall include the following:
Traffic study. The special permit granting authority may require
a traffic study that includes an analysis of traffic generation, circulation,
and off-street parking demand to determine sufficient parking and
optimum configuration for site ingress and egress.
Photometric plan. A photometric plan may be required by the
special permit granting authority, or their designee, before or after
the marijuana use is in operation.
State license. Proof of a provisional certificate of registration
from the Cannabis Control Commission or any successor licensing entity
shall be required for RMDs.
Proof of site control. Evidence that the applicant has site
control and the right to use the site for a marijuana use in the form
of a deed, valid lease, or purchase and sale agreement or a notarized
statement from the property owner certifying the applicant has site
control.
Energy resource plan. All RMDs engaged in marijuana cultivation,
processing and product manufacturing shall submit an energy and resource
use plan to the special permit granting authority to demonstrate best
practices for resource conservation. The plan shall include an electrical
system overview, proposed energy demand, ventilation system and air
quality, proposed water system and utility demand.
Any RMDs permitted under this section shall be required to remove
all material, plants, equipment, and other paraphernalia in compliance
with regulations established by the CCC within 30 days after the expiration
or voiding of its license.
Any operating RMD within the Town shall be inspected annually
by the Building Inspector, or their designee(s), to ensure compliance
with this section and with any conditions imposed by the special permit
granting authority as a condition of the special permit approval.
License required. At all times while a permit is in effect,
all RMDs shall possess a valid provisional or final RMD certificate
of registration from the CCC or other state licensing entity, as applicable.
Prior to the issuance of a special permit, the RMD must have
entered into a host community agreement (HCA) with the Town. The HCA
shall, at a minimum, include or reference the following:
Due to the complex technical character of the information to
be provided by an applicant pursuant to these regulations, and the
monitoring, testing and inspection of facilities and operations, the
special permit granting authority may hire, at the applicant's expense,
such consultants as it deems reasonably necessary to assist said authority
in making determinations under this bylaw.