[Added 1-13-2020 STM by Art. 9]
A.
Purpose.
(1)
To preserve the character of the community and create a place for
adults to have access to legal marijuana in the Town while mitigating
community impact.
(2)
To provide regulations and criteria that will support adult access
to legal marijuana in the Town while protecting the public health,
safety, and wellbeing.
(3)
To provide for Marijuana Retailers in suitable locations and under
strict conditions.
(4)
To regulate the siting, design, placement, operation, safety, monitoring,
modification and removal of any marijuana retailer that may be located
in the Town.
(5)
To minimize adverse impact to nearby properties, residential neighborhoods,
schools and other places where minors congregate.
(6)
To prohibit on-premises consumption in marijuana retailers unless
the Town votes to authorize on-premises consumption through protocols
established pursuant to MGL c. 94G, § 3.
B.
Applicability.
(1)
This article applies to marijuana retailers, as defined pursuant
to MGL c. 94G, § 1 only. This article shall not apply to
other marijuana establishments defined pursuant to MGL c. 94G, § 1,
including marijuana cultivators, marijuana product manufacturers,
marijuana research facilities or marijuana testing facilities. This
article also shall not apply to registered medical marijuana dispensaries.
(2)
No marijuana retailer shall be established except in compliance with
the provisions of this article.
(3)
Nothing in this article shall be constructed to supersede federal
or state laws.
C.
Administration and procedure.
(1)
The Planning Board shall be the Special Permit Granting Authority
(SPGA).
(2)
Site plan. In addition to this section, the granting of a special permit will further require the submission and approval of a site plan based on the requirements set forth in this article and with the requirements set forth Article VII, Site Plan Review, of the Zoning Bylaw. This article shall supersede in the event of a conflict with Article VII, Site Plan Review.
(3)
Applicants for a special permit pursuant to this article are strongly
encouraged to meet with the SPGA at a public meeting to discuss the
proposed application for a new marijuana retailer to discuss the proposal
in general terms prior to the formal submission of an application.
(4)
A marijuana retailer that seeks to expand or alter its operations
so as to come within a new class or sub-class of establishments as
defined pursuant to 935 CMR 500.050(d), shall obtain a new special
permit prior to undertaking such expansion or alteration.
D.
AGENT
MARIJUANA
MARIJUANA RETAILER
RETAIL PREMISES
Definitions. Where not expressly defined in this article, terms used
in this article shall be interpreted as defined in The Regulation
and Taxation of Marijuana Act, as amended, and as codified in MGL
c. 94G, and the CCC Regulations promulgated thereunder, 935 CMR 500.000
et seq., as the same may be amended from time-to-time, and otherwise
by their plain language. As used in this article, the following words
shall, unless the context clearly requires otherwise, have the following
meanings:
A board member, director, employee, executive, manager, or
volunteer of a marijuana retailer. Employee includes a consultant
or contractor who provides on-site services to a marijuana establishment
related to the cultivation, harvesting, preparation, packaging, storage,
testing, or dispensing of marijuana.
The same substance defined as "marihuana" under Chapter 94C
of the Massachusetts General Laws.
An entity licensed to purchase and deliver adult-use, aka
recreational, marijuana or marijuana products from marijuana establishments
and to deliver, sell or otherwise transfer marijuana and marijuana
product other marijuana establishments and to consumers.
The entire parcel on which the marijuana retailer is located
including the building and appurtenant facilities, such as a parking
lot, walkway.
E.
Eligible locations for marijuana retailers - recreational Marijuana
Retail Sales Overlay District.
(1)
The Recreational Marijuana Retail Sales Overlay District is herein
established as an Overlay District as shown on the following plans:
Recreational Marijuana Retail Sales Overlay District Zone 70 Worcester
Road" - 2 Parcels and Recreational Marijuana Retail Sales Overlay
District Zone Goya Drive and Town Forest Road" - 8 Parcels. Included
in said overlay district are those parcels identified as Assessors
Map 88, Lots B_40_0, B_41-42_0; on Assessors Map 96, Lots A_2_1, A_2_2;
Assessors Map 97, Lots C_1_0; Assessors Map 98, Lots D_1_0, D_2_0,
D_3_0, D_4_0, Assessors Map, Lot 99_A_1_0.
(2)
A marijuana retailer shall be permitted only in the Recreational Marijuana Retail Sales Overlay District by special permit by the Planning Board in accordance with the provisions noted below and in accordance with the general special permit and site plan requirements as set forth in Articles III and VII of these bylaws.
(3)
The marijuana retailer shall not be located within 500 feet of any lot containing a school, licensed child care facility, public park, playground, athletic field or other recreational land or facility; drug or alcohol rehabilitation facility; correctional facility, halfway house or similar facility; or any other non-collocated medical marijuana cultivation facility or dispensary. For the purposes of this section, distances 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 establishment is or will be located. The SPGA may reduce the minimum distance requirement set forth in this Subsection E(3) as part of the issuance of as special permit where the SPGA determines that the reduction in the minimum distance is necessary for purposed of maintaining consistency with MGL c. 94G, 935 CMR 500 and/or state guidance relative to local regulation and siting of a marijuana retailer.
(4)
All rules of the underlying district(s) shall remain in full force
and effect, except where the requirements of the Recreational Marijuana
Retail Sales Overlay District are more stringent in which case, the
requirements of this overlay district shall supersede those of the
underlying district.
(5)
All other uses not specifically defined are prohibited under this
article — cultivation, manufacture, research, testing, third
party transporter, mixed use, cafe, etc.
F.
Use regulations.
(1)
Marijuana retailers are prohibited from making off-site or home deliveries
of marijuana or marijuana products to consumers.
(2)
Marijuana retailers are prohibited from offering marijuana or marijuana
products for the purposes of on-site social consumption.
(3)
Marijuana retailers shall be prohibited from locating within a building
containing residential units, including but not limited to transient
housing and group housing.
(4)
Marijuana retailers shall be prohibited from having locations which
are moveable, mobile or transitory.
(5)
Use variances under this section are prohibited.
(6)
Marijuana retailers are prohibited as an accessory use and prohibited
as a home occupation.
G.
Special permit criteria.
(1)
Marijuana retailer operations shall conform at all times to MGL c.
94G, and regulations issued thereunder; failure to comply therewith
shall result in immediate revocation of a special permit issued hereunder.
(2)
The proposed use shall be designed to minimize any adverse impacts
on the on the residents of the Town and the surrounding neighborhood.
(3)
Marijuana plants, products, and paraphernalia shall not be visible
from outside the building in which the marijuana retailer is located
and marijuana retailer shall comply with the requirements of 935 CMR
500 with respect to visibility of marijuana and marijuana products.
Any artificial screening device erected to eliminate products from
public view shall be subject to a vegetative screen and the SPGA shall
consider the surrounding landscape and view shed to determine if an
artificial screen would be out of character with the neighborhood.
(4)
Marijuana retailer operations shall not create nuisance conditions
in parking areas, sidewalks, streets and areas surrounding the retail
premises and adjacent properties. "Nuisance" includes, but is not
limited to, consumption of marijuana on the retail premises, disturbances
of the peace, excessive pedestrian or vehicular traffic, littering,
loitering, illegal parking, loud noises, odor excessive citation for
violations of state or local traffic laws and regulations, queuing
of patrons (vehicular or pedestrian) in or other obstructions of the
public or private way (sidewalks and streets).
(5)
The marijuana retailer shall adhere to a security plan, approved
by the Webster Police Department for the site and transportation of
marijuana and marijuana products to and from off-site locations to
ensure the safety of employees and the public and to protect the retail
premises from theft or other criminal activity.
(6)
The marijuana retailer shall adhere to an approved traffic plan as
detailed in its Traffic Impact Statement which mitigates the impact
of vehicular and pedestrian traffic, circulation and parking.
(7)
The marijuana retailer shall provide and keep current contact information
as required by the Chief of Police, Fire Chief, Health Director and
the Building Commissioner such as name, telephone number and electronic
mail address of a contact person who must be available 24 hours a
day, seven days a week.
(8)
Signage shall be limited to that which is permitted under of 935 CMR 500 and § 650-38 of this bylaw.
(9)
All shipping and receiving areas shall serve the marijuana retailer
exclusively. In the case of multi-use or multi-tenant site, the marijuana
retailer shall be laid out and designed to ensure separation from
other uses or tenants at the site.
(10)
No special permit shall be granted without first having an executed
Host Community Agreement with the Town of Webster.
(11)
No special permit shall be granted until a Community Outreach
Meeting in accordance with said the CCC regulations has occurred.
(12)
No special permit shall be granted without first having been
issued a Provisional License from the Commission pursuant to 935 CMR
500.
(13)
No person shall operate a marijuana retailer without having
a license in good standing from the Cannabis Control Commission.
H.
Special permit submission requirements. In addition to the standard
special permit application form, an application for a special permit
under this article shall also submit the following:
(1)
A letter from the Webster Police Department to the Planning Board
acknowledging receipt and approval of a security plan shall be submitted
as part of the special permit application, indicating that the Department
is satisfied that (1) there is limited undue burden on the Town public
safety officials as a result of the proposed marijuana retailer; (2)
security measures for the site and transportation of marijuana and
marijuana products to and from off-site locations is sufficient to
ensure the safety of employees and the public and to protect the retail
premises from theft or other criminal activity; (3) the security measures
are sufficient to mitigate any potential harm to the employees and
the public including ensuring all persons entering the retail premises
are at least 21 years of age; and (4) that the marijuana retailer
agrees to post at a conspicuous location at the public entrance a
sign that states "Only individuals 21 years of age or older," the
text of which shall be a minimum of two inches in height.
(2)
A Traffic Impact Statement which adequately addresses issues of vehicular
and pedestrian traffic, circulation and parking, especially during
peak periods at the facility, and adequately mitigates the impacts
of vehicular and pedestrian traffic on neighboring uses.
(3)
A copy of the final, executed Host Community Agreement between the
applicant and the Town of Webster.
(4)
Documentation demonstrating that a duly advertised Community Outreach
Meeting was conducted in accordance with 935 CMR 500.100 including
date, time, location and a copy of the public meeting notice.
(5)
The applicant shall submit proof that the application to the Commission
has been deemed complete pursuant to 935 CMR 500.102. Copies of the
complete application, to the extent legally allowed, shall be provided
as part of the application to the SPGA, and no special permit application
shall be deemed complete until this information is provided.
(7)
Waivers: a list of any waivers of regulations that the applicant
seeks to obtain.
(8)
Written statement confirming that no marijuana or marijuana products
will be smoked, burned, or consumed on the retail premises.
(9)
Evidence that the applicant has site control and the right to use
the proposed site as a marijuana retailer. Such evidence shall be
in the form of a deed, purchase and sale agreement, lease, or other
legally binding document.
I.
Special permit approval conditions.
(1)
In addition to compliance with MGL c. 94G, and 935 CMR 500 et seq.,
the SPGA may impose reasonable conditions to improve site design,
traffic flow, public safety, water quality, air quality, protection
of significant environmental resources; and the preservation of community
character of the surrounding area including, without limitation, the
following:
(a)
Minimization of the impacts of increased noise and traffic.
(b)
Imposition of security precautions related to the high value
of products.
(c)
Deterring the presence of unauthorized or ineligible persons
at, or near, the marijuana retailer.
(d)
Imposition of measures to prevent diversion of marijuana and
marijuana products.
(e)
Conditions related to the design and construction of the facility
to improve safety, security and conformance with community character.
(2)
The SPGA shall include conditions concerning the following in any
special permit granted pursuant to this article:
(a)
The marijuana retailer is, or will become, fully permitted by
all applicable agencies within the Commonwealth of Massachusetts and
is in compliance with all state laws and regulations; that issuance
of a valid license pursuant to MGL c. 94G may be a condition subsequent
of the special permit.
(b)
Compliance with the Host Community Agreement.
(c)
The submission of a copy of the license from the Cannabis Control
Commission with the SPGA and the Building Commissioner prior to the
issuance of a building permit, certificate of occupancy, or commencement
of use, whichever occurs first.
(d)
The reporting of any cease and desist order, quarantine order,
suspension order, limiting sales order, notice of hearing or final
action by the Cannabis Control Commission or the Division of Administrative
Law Appeals, as applicable, regarding the marijuana establishment
to the Building Commissioner within 48 hours of the applicant's receipt.
(e)
Copies of all reports submitted to any state agency, including,
but not limited to, the reports required by 935 CMR 500.105(10)(d)
describing the establishment's liability insurance coverage and the
annual security system audits required by 935 CMR 500.110(8) shall
be submitted to the SPGA within five business days of submission to
the state. Such reports may be redacted as necessary to comply with
any applicable state or federal laws or regulations.
(f)
Documentation to the SPGA and the Police Chief that each agent
has completed training regarding the proper handling of marijuana
prior to performing job functions including, but not limited to the
Responsible Vendor Program under 935 CMR 500.105(2)(b). Such documentation
must be provided to the Board within five business days of the completion
of such training. Annually, the establishment shall provide documentation
to the SPGA and the Board of Selectmen that all agents have received
at least eight hours of on-going training.
(g)
Annual inspection: Any operating marijuana retailer within the
Town shall be inspected annually by the Building Inspector, Health
Director, the Fire Chief, the Police Department, or their designee(s),
to ensure compliance with this section and with any conditions imposed
by the SPGA as a condition of the special permit approval.
(h)
A marijuana retailer shall file notice with the Town Administrator,
Director of the Health Department, Police Chief, and the Building
Commissioner within 24 hours of receipt of any summary cease and desist
order, cease and desist order, quarantine order, suspension order,
revocation order, order limiting sales, deficiency statement, plan
of correction, notice of a hearing, notice of any other administrative
process or legal action, denial of a license, denial of a renewal
of a license, or final action issued by a state agency (including,
but not limited to, the Commission and Massachusetts Department of
Public Health) regarding the marijuana establishment or the Marijuana
Establishment's Cannabis Control Commission license.
(3)
The issuance of a special permit pursuant to this article shall also
be subject to the following:
(a)
The special permit shall expire within three years of the date
of issue. If the applicant wishes to renew the special permit, an
application to renew must be submitted at least 120 days prior to
the expiration of the special permit.
(b)
Special permits shall be limited to the original applicant(s)
and shall expire on the date the special permit holder ceases operation
of the marijuana establishment.
(c)
The holder of a special permit shall annually file an affidavit
with the Building Commissioner and the SPGA demonstrating that it
is in good standing with respect to its license from the Cannabis
Control Commission and any other applicable state licenses.
(d)
The holder of a special permit shall notify the Building Commissioner
and the SPGA in writing within 48 hours of the cessation of operation
of the marijuana establishment or the expiration or revocation of
the permit holder's license from Cannabis Control Commission.
(e)
Special permits for marijuana retailers shall lapse upon the
expiration or revocation of an applicant's license from the Cannabis
Control Commission.
(f)
A special permit shall be issued to the owner of the marijuana
retailer and shall not transfer with a change in ownership of the
business and/or property and shall lapse upon a change of use of the
premises.
(g)
A special permit shall lapse if not exercised within one year
of issuance.
J.
Adult on-site social consumption. On-site consumption of marijuana
and marijuana products, as either a primary or accessory use, shall
be prohibited unless permitted by a local ballot initiative process,
as allowed by MGL c. 94G, § 3(b). The prohibition of on-site
social consumption shall include private social clubs or 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.
K.
No accessory use marijuana establishments. Use of property as marijuana
retailer shall be deemed a principal use for purposes of the Zoning
Bylaw, and shall be permitted exclusively in accordance with this
article. No marijuana retailer may be allowed within the Town as an
accessory use.
L.
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 circumstances shall be held
invalid, such invalidity shall not affect the other provisions or
application of this bylaw.
M.
Violations. Any violations of this bylaw shall be grounds for revocation
of a special permit issued under this section.
