[Added 5-2-2019 ATM by Art. 27]
The purpose of this bylaw is to allow for the siting of state-licensed
marijuana establishments in appropriate locations in accordance with
applicable state laws and regulations regarding adult use marijuana
state law, including, but not limited to MGL c. 94G and 935 CMR 500.00,
and to impose reasonable safeguards to govern the time, place and
manner of marijuana establishments to ensure public health, safety,
well-being and mitigate against undue impacts on the natural and built
environment of the town and its residents.
[Amended 5-22-2021 ATM
by Art. 3]
Where not expressly defined herein, terms used in this bylaw
shall be interpreted as defined in the regulations governing Adult
Use of Marijuana (935 CMR 500.000) and otherwise by their plain language.
Also see § 1.2.
Nothing in this section shall be construed to supersede federal
and state laws governing the sale and distribution of marijuana. This
section shall not be construed to prevent the conversion of a registered
marijuana dispensary or an off-site medical marijuana dispensary to
a marijuana establishment engaged in the same type of activity, provided,
however, any such medical marijuana dispensary obtains a special permit
pursuant to this section for any such conversion to an adult use marijuana
establishment.
The Planning Board shall be the special permit granting authority/site
plan review authority for marijuana establishments. In addition to
the standards for site plan approval bylaw as set forth in Section
VIII of this bylaw, the following shall also apply to all marijuana
establishments:
30.4.1.
Use:
30.4.1.1.
Any type of marijuana establishment may only be involved in
the uses permitted by its definition and may not include other businesses
or services. This excludes agricultural uses, such as growing other
crops.
30.4.1.2.
No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises of any marijuana establishment unless
expressly permitted under this bylaw and permitted by state law or
regulation. The prohibition on on-site consumption shall also include
private social clubs and any other establishment which allows for
social consumption of marijuana or marijuana products on the premises,
regardless of whether the product is sold to consumers on site.
30.4.1.3.
The hours of operation shall be set by the special permit granting
authority, but in no event shall a marijuana retailer 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.
30.4.1.4.
No marijuana establishment may commence operation prior to its
receipt of all required permits and approvals, including, but not
limited, to its final license from the Cannabis Control Commission.
30.4.1.5.
The number of adult use marijuana retail sales establishments
permitted to be located within the Town of Hadley shall not exceed
20% of the number of licenses issued within the Town for the retail
sale of alcoholic beverages not to be drunk on the premises where
sold under MGL c. 138. For the purposes of determining this number,
any fraction shall be rounded up to the next highest whole number.
30.4.2.
Physical requirements:
30.4.2.1.
All aspects of the marijuana establishment (except for the transportation
of product or materials) relative to the acquisition, cultivation,
possession, processing, storage, 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 or blackout style greenhouse and
shall not be visible from the exterior of said building. Marijuana
establishments may not be operated within a trailer, storage freight
container, motor vehicle or other similar type of potentially movable
enclosure.
30.4.2.2.
No marijuana retailer shall have a gross floor area open to
the public in excess of 2,500 square feet.
30.4.2.3.
Ventilation. All marijuana establishments shall be ventilated
in such a manner that:
30.4.2.3.1.
No pesticides, insecticides or other chemicals
or products used in the cultivation or processing are dispersed into
the outside atmosphere, and
30.4.2.3.2.
Employs odor control technology such that
no odor from the marijuana establishment can be detected by a person
with an unimpaired and otherwise normal sense of smell at the exterior
of the marijuana establishment or at any adjoining property, and
30.4.2.3.3.
Ensure emissions are in compliance MGL
c. 111, § 31C.
30.4.2.3.4.
Signage shall be displayed on the exterior
of the marijuana establishment's entrance in plain sight of the public
stating that "Access to this facility is limited to individuals 21
years or older" in text two inches in height. All other signage must
comply with all other applicable signage regulations in the Zoning
Bylaw and 935 CMR 500.000.
30.4.2.3.5.
Security lighting shall comply with § 8.8.9
of this bylaw and 935 CMR 500.00.
30.4.2.3.6.
All lighting shall comply with the Zoning
Bylaw and be shielded so as not to shed light onto adjacent properties
or the sky above. The Planning Board may require any artificial lighting
system to employ only components equipped with deflectors in order
to mitigate potential light pollution.
30.4.2.3.7.
Marijuana plants, products, and paraphernalia
shall not be visible from outside the building in which the marijuana
establishment is located.
30.4.2.3.8.
No use shall be allowed at a marijuana
establishment 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 sound 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.
30.4.2.3.9.
Noise from a licensed marijuana establishment
shall be properly mitigated. No marijuana cultivation facility shall
allow any noise to be emitted from its facility greater than 75 dBA.
Such noise level shall be measured at the cultivation facility's property
lines.
30.4.3.
Location:
30.4.3.1.
Marijuana establishments are encouraged to utilize existing
vacant buildings where possible.
30.4.3.2.
No marijuana establishment shall be located on a parcel which
is within 500 feet (to 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 marijuana establishment is or will be located)
of a parcel occupied by a preexisting public or private school (existing
at the time the applicant's license application was received by the
Cannabis Control Commission) providing education in pre-kindergarten/kindergarten
or any of grades 1 through 12, or licensed day-care center.
30.4.3.3.
No marijuana retailer or Tier 1 cultivator shall be located
on a parcel which is within 300 feet (to 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 marijuana retailer or
Tier 1 cultivator is or will be located) of a parcel occupied by another
marijuana retailer or Tier 1 cultivator.
30.4.3.4.
All marijuana establishments shall have a setback at least 300
feet from the nearest property line of any residential dwelling, regardless
of whether the dwelling is occupied or not. For purposes of this section,
an unimproved residential lot or parcel approved by the Town of Hadley
pursuant to a definitive subdivision plan on record with the Hampshire
County Registry of Deeds shall constitute a "residential dwelling."
30.4.3.5.
No marijuana establishment shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories.
30.4.3.6.
No marijuana establishment is permitted to provide a drive-through
service.
30.4.3.7.
Parking area for any marijuana establishment shall conform to
the requirements set forth as in § 5.4 of this bylaw except
that any building constructed or modified, altered or expanded for
craft marijuana cooperative, marijuana cultivator, or marijuana microbusiness
uses shall be so located upon its parcel of land that there may be
provided an off-street parking area equal to the floor area of the
building to be constructed or existing building to be modified, altered
or expanded. "Floor area" is defined as gross square footage under
cover, as well as outdoor storage areas, outdoor display areas, outdoor
seating and/or outdoor food service areas, and any other outdoor facilities
related to the use. The Planning Board may (but is not required to)
waive additional parking for modifications, alterations or expansions
of less than 10% of the existing floor area.
30.4.4.
Reporting requirements.
30.4.4.1.
Prior to the commencement of the operation or services provided
by a marijuana establishment, the owner/applicant shall provide the
Police Department, Fire Department, Building Commissioner/Inspector
and the Planning Board with the names, phone numbers and email addresses
of all management staff and key-holders, including a minimum of two
operators or managers of the marijuana establishment 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.
30.4.4.2.
The marijuana establishment owner/operator/manager shall notify,
in writing, the local Building Commissioner/Inspector, Board of Health,
Police Department, Fire Department and Planning Board for any of the
following:
30.4.4.2.1.
A minimum of 30 days prior to any change
in ownership or management of that establishment.
30.4.4.2.2.
A minimum of one business day 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 establishment.
30.4.4.3.
Marijuana establishments shall file an annual written report
to, and appear before, the Planning Board no later than January 31
of each calendar year, providing a copy of all current applicable
state licenses for the marijuana establishment and/or its owners and
demonstrate continued compliance with the conditions of the special
permit/site plan approval.
30.4.5.
Issuance/transfer/discontinuance of use.
30.4.5.1.
Special permits/site plan approvals shall be issued to the marijuana
establishment licensee.
30.4.5.2.
Special permits/site plan approvals shall be issued for a specific
type of marijuana establishment on a specific site/parcel.
30.4.5.3.
Special permits/site plan approvals shall be nontransferable
to either another marijuana establishment owner or another site/parcel,
without the consent of the Planning Board upon application by the
existing licensee and the proposed transferee.
30.4.5.4.
Special permits/site plan approvals shall lapse/expire if:
30.4.5.4.1.
The marijuana establishment, other than
retail, ceases operation for 365 days, and/or
30.4.5.4.2.
The marijuana establishment's registration/license
by the Cannabis Control Commission expires or is terminated.
30.4.5.5.
The marijuana establishment shall notify the Zoning Enforcement
Officer and special permit granting authority in writing within two
business days of such lapse, cessation, discontinuance or expiration
or revocation.
30.4.5.6.
A marijuana cultivation or product manufacturing establishment
shall be required to remove all material, plants equipment and other
paraphernalia prior to surrendering its state registration/license
or ceasing its operation.
30.4.5.6.1.
Prior to the issuance of a building permit
for a marijuana establishment the applicant shall 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 Zoning Enforcement Officer 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 Zoning Enforcement Officer prior to the
expiration of the 45 days' written notice, said bond shall be returned
to the applicant.
30.4.5.7.
The initial special permit issued under this bylaw shall be
for a period of one year and subsequent renewals shall be valid for
two years. If no nonconformances to this bylaw, that have been confirmed
by either the Zoning Enforcement Officer and/or the Police Chief,
to this bylaw have been received after two successive renewals then
there will be no need for further renewals after five years from the
original approval provided ownership of the establishment does not
change. If the ownership changes the renewal process shall be treated
as a new permit. The permit application period for renewal shall be
between January 1 and February 28 of each year. Publication of notice
of said request for renewal shall be made in the same manner as would
be required for an original application for a special permit. Said
notice shall state that the renewal request will be granted automatically
unless a written objection to the renewal is received by the Planning
Board within 20 days of the first publication of notice. The Planning
Board itself may file a written objection if written complaints have
been filed with the Town or for other reasons. In the event of such
receipt on an objection, the Planning Board shall treat the application
as one for a new special permit, beginning with publication and mailing
of a notice of public hearing. The renewal shall then proceed in the
manner of a regular special permit application.
Complete applications for special permits and site plan approvals
for marijuana establishments will be processed in the order that they
are filed with the Town. In addition to the standard application requirements
for special permits and site plan approvals, pursuant to Section VIII
of this bylaw, such applications for a marijuana establishment shall
include the following:
30.5.1.
The name and address of each owner and operator of the marijuana
establishment.
30.5.2.
A copy of an approved host community agreement.
30.5.3.
Evidence that the applicant has site control and right to use
the site for a marijuana establishment 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.
30.5.4.
A notarized statement signed by the marijuana establishment
organization's Chief Executive Officer and corporate attorney disclosing
names of the owners and managers 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.
30.5.5.
In addition to the requirements for site plan approval as set
forth in Section VIII of this bylaw, security and fire details shall
comply with MGL c. 94G and 935 CMR 500.00.
30.5.6.
All signage being proposed for the marijuana establishment.
30.5.7.
A pedestrian/vehicular traffic impact study to establish the
marijuana retail establishment's impacts at peak demand times, including
a line queue plan to ensure that the movement of pedestrian and/or
vehicular traffic, including but not limited to, along the public
right of ways to ensure that they will not be unreasonably obstructed.
30.5.8.
An odor control plan detailing the specific odor-emitting activities
or processes to be conducted on-site, the source of those odors, the
locations from which they are emitted from the marijuana establishment,
the frequency of such odor-emitting activities, the duration of such
odor-emitting activities, and the administrative of odor control including
maintenance of such controls.
30.5.9.
A management plan including a description of all activities
to occur on site, including all provisions for the transportation
of marijuana and related products to marijuana establishments.
30.5.10.
Individual written plans which, at a minimum comply with the
requirements of 935 CMR 500, relative to the marijuana establishment:
30.5.10.1.
Hour of operation.
30.5.10.2.
General security plans.
30.5.10.3.
Decommissioning of the marijuana establishment
including a cost estimate taking into consideration the community's
cost to undertake the decommissioning of the site.
In addition to the findings for site plan approval as set forth
in in Section VIII of this bylaw, the Planning Board must also find
all the following:
30.6.1.
The proposed use of land or buildings of the marijuana establishment
is consistent with and does not derogate from the intent of this section
and this Zoning Bylaw.
30.6.2.
That the proposed use of land or buildings of the marijuana
establishment is designed to minimize any adverse visual, odor and
other environmental and economic impacts on abutters and other parties
in interest.
30.6.3.
That the marijuana establishment demonstrates that it meets
or exceeds all the permitting requirements of all applicable agencies
within the Commonwealth of Massachusetts and complies with all applicable
state laws and regulations.
30.6.4.
That the applicant has satisfied all of the conditions and requirements
of this section and other applicable sections of this Zoning Bylaw.
30.6.5.
That the marijuana establishment provides adequate security
measures to ensure that no individual participant will pose a direct
threat to the health or safety of the community, and that the storage
and/or location of cultivation is adequately secured onsite or via
delivery.
30.6.6.
That the marijuana establishment adequately addresses issues
of traffic demand, circulation flow, parking and queuing, particularly
at peak periods at the marijuana establishment, and its impact on
neighboring uses.
