TOR-2014-1 ZONING ORD FOR MEDICAL MARIJ. ��' � _
_ �.
- _ - ��
��
��
x
'To W* n of Agawam
36 Main Street ;Agawam, Massachusetts 01001-1837
Tel.413-786-0404 Fax 413.-7 6-99 7
April'`;201
Christopher C. Johnson,,President
Dennis J. Perry,Vice President
George Bitzas,Councilor
Cecilia P. Calabrese, Councilor
Paul C. Cavallo,Councilor CZ
James P.Cichetti,Councilor O
Gina M.Letellier, Councilor
Robert A. lvlagovern,Councilor; '
Joseph Mineo, Councilor, >
Donald M. Rheault, Councilor
Robert Rossi Councilor
s -
Agawatn Town Council
6 Main Street
Agawam, 01001
Dear Councilors:°
At its duly called meeting held, on ;April 3, 2014, the Agawam Planning -Board Voted to send a
positive recommendation to the Town Council with,regard to TOR- 014-1, —Medical Marijuana
Facilities,
If you have any questions,please contact this office at 786-0400,extension 8738.
Sincere] ,
Mark R.Paleologopoulos, Chairman
AGAWAM PLANNING BOARD
cc. Clerk, Solicitor, Pile
The cultivation and processing of medical marijuana in accordance with these
regulations is considered to be a manufacturing use and is not agriculturally
exempt from zoning.
Off-Site Medical Marijuana Dispensary(OMMD)
A Registered Marijuana Dispensary that is located off-site from the
cultivation/processing facility (and controlled and operated by the same registered
and approved not-for-profit entity which operates an affiliated RMD) but which
serves only to dispense the processed marijuana, related supplies and educational
materials to registered Qualifying Patients or their personal caregivers in
accordance with the provisions of 105CMR 725-00.
SECTION 2. The first sentence of section 180-55(B)of Article X of said ordinance, as so
appearing, shall be amended by inserting after the word "allowed"the following words,-
by Special Permit,
SECTION 3. Article X of said ordinance shall be amended by inserting after section 180-
55(B)(32)the following sections;-
(33)Registered Marijuana Dispensary,
(34) Off-Site Medical Marijuana Dispensary.
SECTION 4. Section 180-123 under Article VIII, as appearing in TOR-2013-7,shall be
deleted in its entirety and inserting in place thereof the following:-
§180423 Purpom
It is recognized that the nature of the substance cultivated, processed,
and/or sold by medical marijuana treatment centers and off site medical
marijuana dispensaries may have objectionable operational characteristics
and should be located in such a way as to ensure the=health, safety, and
general well-being of the public as well as patients seeking treatment. The
specific and separate regulation of Registered Marijuana Dispensaries
("RMD") as Medical Marijuana Treatment Centers and Off-site Medical
Marijuana Dispensary ("OMMD") facilities is necessary to advance these
purposes and ensure that such facilities are not located within close
proximity of minors and do not become concentrated in any one area
within the Town of Agawam.
Subject to the provisions of this Zoning Bylaw, Chapter 40A of the
Massachusetts General Laws, and 105 CMR 725.000, Registered
Marijuana Dispensaries and Off-site Medical Marijuana Dispensaries will
be permitted to provide medical support, security, and physician oversight
that meet or exceed state regulations as established by the Massachusetts
Departmeni of Health CMDPH"). Nothing in this Zoning Ordinance shall
be construed to supersede federal and state laws governing the sale and
distribution of narcotic drugs.
Page 2 of 7
SECTION 5. Article XVIII of said ordinance shall be amended by inserting after section
180-123 the following section:-
§IW124 Additional Requirements/Conditions.
In addition to the standard requirements for uses requiring a Special
Permit and Site Plan Approval, the following shall also apply to all
Registered Marijuana Dispensaries and Off-Site Medical Marijuana
Dispensaries:
A. Use
(1) RMD and OMMD facilities may only be involved in the uses
permitted by its definition and may not include other businesses or
services.
(2) No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
(3) The hours of operation shall be set by the Special Permit Granting
Authority, but in no event shall an RMD or OMMID facility 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 am.
(4) RMD facilities that can demonstrate that they comply with the
agricultural exemption under M.G.L. Chapter 40A, Section 3 must
still apply for Site Plan Approval.
B. Physical Requirements
(1)All aspects of the us facility relative to the acquisition, cultivation,
possession, processing, 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 and shall not be visible
.from the exterior oft e business.
(2)No outside storage is,permitted
(3)No ON04D Facility shall have a gross floor area in excess of 2,500
square feet
(4) Ventilation—all RMD and OMMD facilities shall be ventilated in
such a manner that no:
(a)Pesticides, insecticides or other the 'eats or products used
in the cultivation or processing am dispersed into the
outside atmosphere; and
(b) No odor from marijuana or its processing can be detected
-by a person with an unimpaired and otherwise normal sense
of smell at the exterior of the medical marijuana business or
at any adjoining use or property.
B. Signage
(1)Signage shall be displayed on the exterior of the RMD and OMMD
facility's entrance in plain sight of clients stating that "'Registration
Page 3 of 7
Card issued by the MA Department of Public Health required" in
text two inches in height,
(2) All signage must conform to the requirements of Section VII of
these bylaws.
(3) In addition, all signage must conform to the requirements of 105
CMR 725.105(L.)as amended,
C. Location
(1)No RMD and OMMD facility shall be located on a parcel which is
within five hundred (500) feet (to be measured in a straight line
from the nearest points of each property line) of parcel occupied
by.-
(a) a public or private elementary, junior high, middle,
vocational or high school, college, junior college,
university or child care facility or any other use in which
children commonly congregate in an organized ongoing
formal basis,or
(b) another RMD or ON4MD facility, except that this limitation
shall not apply in Industrial zones.
(2)1 o RMD or OMMD facility shall be located on a tot which abuts a
residential use (including commercial residential uses such as
hotels, motels, lodging houses, etc.)or residential zoning district.
(3) No RMD or OMMD facility shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories.
D.Reporting Requirements
(1) All Special Permit and Site Plan Approval holders for an KMD or
OMNM facility shall provide the Police Department, Fire
Department, Building Inspector and the Special Permit Granting
Authority with the names, phone numbers and email addresses of
all management staff and key-holders, including a minimum of two
(2) operators or managers of the facility identified as contact
persons to whom one can provide notice if there are operating
problems associated with the establishment. All such contact
inibrrnation shall be updated as needed to keep it current and
accurate.
(2)The local Building Inspector, Board of Health, Police Department,
Fire Department and Special Permit Granting Authority (in cases
where a Special Pen-nit and Site Plan Approval was granted) shall
be notified in writing by an RMD or ON4MD facility
owner/operator/manager:
(a) A minimum of 30 days prior to any change in ownership or
management of that facility
(b) A minimum of 12 hours 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 RMD or
OMMD,
(3)Permitted RMD and OMMD facilities shall file an annual report to
and appear before the Special Permit Granting Authority no later
Page 4 of 7
than January 31st, providing a copy of all current applicable state
licenses for the facility and/or its owners and demonstrate
continued compliance with the conditions of the Special Permit
(4) The owner or manager is required to respond by phone or email
within twenty-four hours of contact by a city official concerning
their RMD or OMMD at the phone number or email address
provided to the City as the contact for the business.
E. Issuance/Transfer/Discontinuance of Use
(1) Special Permits/Site flan .Approvals shall be issued to the RMD
Operator
(2) Special Permits/Site flan Approvals shall be issued for a specific
site/parcel
(3) Special Permits/Site Plan Approvals shall be non-transferable to
either another'RMD Operator or sitel cel
(4) Special Permits/Sitc plan Approvals shall have a term limited to
the duration of the applicant's ownership/control of the premises as
a RMD or OMMD,and shall lapse:
(a) If the permit holder ceases operation of the RMD,and/or
(b) The permit holder's registration by M KPH expires or is
terminated
(S) The permit holder shall notify the Zoning Enforcement Officer and
Special Permit Granting Authority in writing within 48 hours o
such lapse, cessation, discontinuance or expiration.
(6) An RMD or OMMD facility shall be required to remove all
material, plants equipment and other paraphernalia prior to
surrendering its state Registration or ceasing its operation;.
(a) Prior to the issuance of a Building Permit for a RMD or
OMMD the applicant is required to post with the Town
Treasurer a bond or other farm 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
o so. The building Inspector shall give the applicant 4
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
Building Inspector prior to the expiration of the 45 days
written notice,said bond shall be returned to the applicant.
SECTION 6. Article XVIII of said ordinance shall be ftirther amended by inserting after
section 180-124 the following section:=
i -12S Applitation Requirements.
In addition to the standard application requirements for Special Permits
and Site flan:Approvals, such applications for an RMD or OMMD facility
shall include all of the following:
Rage 5 of 7
(1) The name and address of each owner of the RMD or OMMD
facility/operation;
(2) A copy of its registration as an RMD from the Massachusetts
Department of Public Health or documentation that demonstrates
that said RMD or OMMD facility, and it's owner/operators,.
qualify and are eligible to receive a Certificate of Registration and
meet all of the requirements of in accordance with 10
CMit 725.000 of the Massachusetts Department of Public Health;
(3) Evidence that the Applicant has site control and right to use the
site fora RMD or OMMD facility 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,
(4) A notarized statement: signed by the RMD or OMMD
organi tion's Chief Executive Officer and corporate attorney
disclosing all of its designated representatives, including officers,
directors, shareholders, partners, members, managers, or other
similarly-situated individuals and entities 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;
(5) In addition to what is normally required in a Site Plan, details
showing all exterior proposed security measures for the RMD or
OMMD including lighting,fencing, gates and alarrns,etc. ensuring
the safety of employees and patrons and to protect'the premises
from theft or other criminal activity;
(6) A detailed floor plan identifying the areas available and functional
uses (including square footage);
(7)All signage being proposed for the facility;
(8) A traffic study to establish the RMD or OMMD impacts at peal
demand times; and
(9) A Management Plan including a description of all activities to
occur on site, including all provisions for the delivery of medical
marijuana and related products to OMMDs or off-site direct
delivery to patients.
SECTION 7. Article XVIII of said ordinance shall be further amended by inserting after
section 190-125 the following section:-
§180-126 Findings.
In addition to the standard Findings for a Special Permit and Site Plan
Approval the Special Permit Granting Authority must also find all the
follw ring.;
Page 6of7
(1)That the RMD or OMMD facility is designed to minimize any
adverse visual or economic'impacts on abutters and other parties in
interest;
( )That the RMD or OMMD facility+demonstrates'that it will meet all
the permitting requirements of all applicable agencies within the
Commonwealth of Massachusetts and will be in compliance with
all applicable state laves and regulations;
( )That the applicant has satisfied all of the conditions and
requirements of this Section and other applicable Sections of this
Ordinance;
(4)That the RMD or OMMD project meets a demonstrated need;
(5)That the RMD or OMMD facility provides adequate security
Measures to ensure that no 'individual participant will pose a direct
threat to the health or safety of other individuals, and that the
storage and/or location of cultivation is adequately secured; and
(6)That the RMD or OMMD facility adequately addresses issues'
of traffic demand, circulation flow,parking and queuing,
particularly at peak periods at the facility, and it impact on
neighboring uses.
Dated this day of 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, president
APPROVED AS TO FORM LEGALITY
Vincent F. Giosia, City 'Solicitor
Page 7 of 7
Town - f Agawam
36 Main Street Agawam, Massachusetts 01001-1$37'
Tel. 413-786-0400 Fax 413-786-9927
March'7, 2014
Christopher C. Johnson, President
Dennis J. Perry, Vice President
George Bitzas,Councilor r
Cecilia P. Calabrese, Councilor .
Paul C. Cavallo, Councilor "
James P. Cichetti, Councilor'
Gina M. Letellier, Councilor 3 .
Robert A. Magovem, Councilor
Joseph Mineo, Councilor L'
Donald M. Rheault, Councilor
Robert Rossi, Councilor
Agawam Town Council
36 Main Street'
Agawam,MA 01001
Dear Councilors:
At its duly called meeting held on March 6, 2014, the Agawam Planning Board voted to be the
petitioner on the attached Zoning Amendment TOR-2014-1 "Medical Marijuana Facilities".
If you have any questions, please contact the Planning Department at extension 8738.
Sincerely,
Mark R Paleologopoulos, Chairman
A AGAWM PLANNING BOARD
cc Clerk, Solicitor, File
TOR-2014-1
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE TOWN OF
AGAWAM TO ALLOW REGISTERED MEDICAL MARIJUANA FACILITIES
Sponsored by the Planning Board
WHEREAS, the Agawam Planning Board voted to act as petitioner for this
proposed zoning,amendment to allow registered medical marijuana facilities;and
WHEREAS, by vote at the State election on November 6. 2012, the voters of the
Commonwealth approved, Chapter 369 of the Acts of 2012, a law regulating the
cultivation, distribution, possession and use of marijuana for medical purposes; and
WHEREAS, currently under the Zoning Ordinance, a Medical Marijuana
Treatment Center is not a permitted use in the Town; and
WHEREAS, the regulation of medical marijuana raises novel and complex legal,
planning, and public safety issues; and
WHEREAS, the Town intends to allow registered medical marijuana facilities in
a manner consistent with sound land use planning goals and objectives; and
WHEREAS, it is in the best interest of the Town of Agawam to allow medical
marijuana facilities while providing sufficient oversight to ensure proper geographic
location, and standards for parking, loading, delivery, security, landscaping, and signage
for such uses.
NOW THEREFORE, the Agawam City Council hereby resolves, ordains and
amends and enacts the following amendments to the Zoning Ordinance of Agawam:
SECTION 1. Section 180-2 of said ordinance shall be amended by inserting the
following.-
Registered Marijuana Dispensary(RMD)
A use operated by a not-for-profit entity registered and approved by the MA
Department of Public Health on accordance with 105 CMR 725.000, and pursuant
to all other applicable state laws and regulations, also to be known as a Medical
Marijuana Treatment Center, that acquires, cultivates, possesses, processes
(including development of related products such as food, tinctures, aerosols, oils,
or ointments), transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or educational
materials to registered qualifying patients or their personal caregivers. A RMD
shall explicitly include facilities which cultivate and process medical marijuana,
and which may also dispense and deliver medical marijuana and related products,
The cultivation and processing of medical marijuana in accordance with these
regulations is considered to be a manufacturing use and is not agriculturally
X
exempt from zoning.
Off-Site Medical Marijuana Dispensary (OM MD)
A Registered Marijuana Dispensary that, is located off-site from the
cultivation/processing facility d controlled and operated by the same registered
and approved not-for-profit entity which operates an affiliated RMD) but which
serves only to dispense the processed marijuana, related supplies and educational
materials to registered (,qualifying Patients or their personal caregivers i
accordance with the provisions of 105CR 72500.
SECTION 2. The first sentence of section 180-55(B) of Article X of said ordinance, as so
appearing, shall be amended by inserting after the word "allowed" the following words:- ,
y Special Permit,
SECTION"3. Article X of said ordinance shall be amended by inserting after section 180
55(B)(32)the following sections:-
33)Registered Marijuana Dispensary.
34)Off-Site Medical Marijuana Dispensary.
SECTION 4. Section 180-123 under Article XVIII, as appearing in TOR-2013-7 shall be
deleted in its entirety and inserting in place thereof the following:-
§18 -123 Purpose.
It is recognized that the nature of the substance cultivated, processed,
and/or scald by medical marijuana treatment centers and off-site medical
marijuana dispensaries may have objectionable operational characteristics
and should be located in such a way as to ensure the health, safety, and
general well-being of the public as well as patients seeping;treatment. The
specific and separate regulation of Registered Marijuana Dispensaries
C' ") as Medical Marijuana Treatment Centers and Of site Medical
Marijuana Dispensary ("OMMD") facilities is necessary to advance these
purposes and ensure that such facilities are not located within close
proximity of minors and do not become concentrated in any one area
within the Town of Agawam..
Subject to the provisions of this Zoning Bylaw, Chapter 40A of the
Massachusetts; General Laws, and 105 +AMR 725,000, Registered
Marijuana Dispensaries and Off site Medical Marijuana Dispensaries will
be permitted to provide medical support, security, and physician oversight
that meet or exceed state regulations as established by the Massachusetts
Department of Health ("MDPH").
SECTION 5. Article XVIII of said ordinance shall be amended by inserting after section
180-123 the following section.-
§1 0-124 Additional Requirements/Conditions.
Page 2 of
In addition to the standard requirements for uses requiring a Special
Permit and Site Plan Approval, the following shall also apply to all
Registered Marijuana Dispensaries and Off-Site Medical Marijuana
Dispensaries:
.,'Us
(1) RMD and OMMD facilities may only be involved in the uses
permitted by its definition and may not include other businesses or
services.
(2) No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
(3) The hours of operation shall be set by the Special Permit Granting
Authority, but in no event shall an RMD or OMMD facility 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.
(4) RMD facilities that can demonstrate that they comply with the
agricultural exemption under M.G.L. Chapter 40A, Section 3 must
still apply for Site Plan Approval.
B. Physical Requirements
(1) All aspects of the use/facility relative to the acquisition, cultivation,
possession, processing, 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 and shall not be visible
from the exterior of the business.
(2)No outside storage is permitted.
(3)No OMMD Facility shall have a gross floor area in excess of 2,500
square feet.
(4) Ventilation — all RMD and OMMD facilities shall be ventilated in
such a manner that no:
(a) Pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the
outside atmosphere; and
(b) No odor from marijuana or its processing can be detected
by a person with an unimpaired and otherwise normal sense
of smell at the exterior of the medical marijuana business or
at any adjoining use or property.
B. Signage
(1) Signage shall be displayed on the exterior of the RMD and OMMD
facility's entrance in plain sight of clients stating that"Registration
Card issued by the MA Department of Public Health required" in
text two inches in height.
(2) All signage must conform to the requirements of Section 'III' of
these bylaws.
(3) In addition, all sign age must conform to the requirements of 105
CMR 72 .1 05(L) as amended.
C. Location
Page 3 of 7
(1) No RMD and OMMD facility shall be located on a parcel which is
within five hundred (500) feet (to be measured in a straight line'
from the nearest points of each property line) of parcel occupied
by
(a) a public or private elementary, junior high, middle,
vocational or high school, college, junior college,
university or child care facility or any other use in which
children commonly congregate in an organized ongoing
formal basis, or
(b) another RMD or OMMD facility, except that this limitation
shall not apply in Industrial zones.
(2) No RMD or OMMD facility shall be located on a lot which abuts a
residential use (including commercial residential uses such as
hotels, motels, lodging houses, etc.) or residential zoning district.
(3) No RMD or OMMD facility shall be located inside a building
containing residential units, including transient housing such ,as
motels and dormitories.
D. Reporting Requirements
(1) All Special Permit and Site Plan Approval holders for an RMD or
OMMD facility shall provide the Police Department, Fire
Department, Building Inspector and the Special Permit Granting
Authority with the names, phone numbers and email addresses of
all management staff and key-holders, including a minimum of two
(2) operators or managers of the facility 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.
(2) The local Building Inspector, Board of Health, Police Department,
Fire Department and Special Permit Granting Authority (in cases
where a Special Permit and Site Plan Approval was granted) shall
be notified in writing by an RMD or OMMD facility
owner/operator/manager:
(a) A minimum of 30 days prior to any change in ownership or
management of that facility
(b) A minimum of 12 hours'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 RMD or
OMMD.
(3) Permitted RMD and OMMD facilities shall file an annual report to
and appear before the Special Permit Granting Authority no later
than January 31 st, providing a copy of all current applicable state
licenses for the facility and/or its owners and demonstrate
continued compliance with the conditions of the Special Permit.
(4) The owner or manager is required to respond by phone or email
within twenty-four hours of contact by a city official concerning
their RMD or OMMD at the phone number or email address
provided to the City as the contact for the business;
E. Issuance/Transfer/Discontinuance of Use
Page 4 of 7
(1) Special Permits/Site Plan Approvals shall be issued to the RMD
Operator,
(2) Special Permits/Site Plan, Approvals shall be issued for a specific
site/parcel
(3) Special Permits/Site Plan Approvals shall be non-transferable to
either another RMD Operator or site/parcel
(4) Special Permits/Site plan Approvals shall have a term limited to
the duration of the applicant's ownership/control of the premises as
a RMD or OMMD, and shall lapse:
(a) If the permit holder ceases operation of the RMD, and/or
(b) The permit holder's registration by MDPH expires or is
terminated
(5) The permit holder shall notify the Zoning Enforcement Officer and
Special Permit Granting Authority in writing within 48 hours of
such lapse, cessation,discontinuance or expiration.
(6) An RMD or OM MD facility shall be required to remove all
material, plants equipment and other paraphernalia prior to
surrendering its state Registration or ceasing its operation.
(a) Prior to the issuance of a Building Pen-nit for a RMD or
OWM the applicant is required to 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 Building Inspector 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
Building Inspector prior to the expiration of the 45 days
written notice, said bond shall be returned to the applicant.
SECTION 6. Article XVIII of said ordinance shall be further amended by inserting after
section 180-124 the following section:-
§180-125 Application Requirements.
In addition to the standard application requirements for Special Permits
and Site Plan Approvals, such applications for an RMD or OMMI) facility
shall include all of the following:
(1) The name and address of each owner of the RMD or OMMD
facility/operation;
(2) A copy of its registration as an RMD from the Massachusetts
Department of Public Health or documentation that demonstrates
that said RMD or OMMD facility, and it's owner/operators,
qualify and are eligible to receive a Certificate of Registration and
meet all of the requirements of a RMD in accordance with 105
CMR 725.000 of the Massachusetts Department of Public Health;
Page 5 of 7
(3) Evidence that the Applicant has site control and right to use the
site for a RMD or OMMD facility 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;
(4) A notarized statement signed by the RMD or OMMD
organization's Chief Executive Officer and corporate attorney
disclosing all of its designated representatives, including officers,
directors, shareholders, partners, members, managers, or other
similarly-situated individuals and entities 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;
(5) In addition to what is normally required in a Site Plan, details
showing all exterior proposed security measures for the RMD or
OMMD including lighting, fencing, gates and alarms, etc. ensuring
the safety of employees and patrons and to protect the premises
from theft or other criminal activity;
(6) A detailed floor plan identifying the are available and functional
uses(including square footage);
(7) All signage being proposed for the facility;
(8) A traffic study to establish the RMD or OMMD impacts at peak
demand times; and
(9) A Management Plan including a description of all activities to
occur on site, including all provisions for the delivery of medical
marijuana and related products to OMMI)s or off-site direct
delivery to patients.
SECTION 7. Article X 'III of said ordinance shall be further amended by inserting after
section 180-125 the following section:-
§180-126 Findings.
In addition to the standard Findings for a Special PermitY and Site Plan
Approval the Special Permit Granting Authority must also find all the
following:
(1) That the RMD or OMMD facility is designed to minimize any
adverse visual or economic impacts on abutters and other parties in
interest;
(2)That the RMD or OMMD facility demonstrates that it will meet all
the permitting requirements of all applicable agencies within the
Commonwealth of Massachusetts and will be in compliance with
all applicable state laws and regulations;
(3) That the applicant has satisfied all of the conditions and
requirements of this Section and other applicable Sections of this
Ordinance;
(4) That the RMD or OMMD project meets a demonstrated need;
Page 6 of 7
(5)That the RMD or OMMD facility provides adequate security
measures to ensure that no individual participant will pose a direct
threat to the health or safety of other individuals, and that the
storage and/or location of cultivation is adequately secured; and
(6) That the RMD or OMMD facility adequately addresses issues
of traffic demand, circulation flow, parking and queuing,
particularly at peak periods at the facility,and it impact on
neighboring uses.
Dated this day of 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson,President
"PROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
Page 7 of 7
!� F:AG ,
o ws Yt AGAWAM CITY COUNCIL
,
36 MAIN STREET
AGAWAM, NIASSACHUSETTS 01001
RAT ® �Q.�l ,
LEGAL NOTICE LEGAL NOTICE
PUBLIC HEARING
AGAWAM CITY COUNCIL
PRESIDE'r
Christopher C. Johnson
VICE PRESIDENT
Dennis J. Perry The Agawam City Council will conduct a public hearing on Tuesday,,
April 22, at 7:00pm, at the Roberta G. Doering School, 68 Main
COUNCILORS Street, Agawam, MA on TOR-2014-1 which is an Ordinance to
George Bitzas Amend the Code of the Zoning Ordinance of the Town of Agawam to:
Cecilia P. Calabrese allow registered Medical Marijuana Facilities as submitted to the
Paul C. Cavallo Agawam City Council by the Planning Board. TOR-2014-1 �U
Janes P. Cichetti --.
Gina M. Letellier available for public inspection at the City Clerk's Office and i
Joseph Mineo Planning Department, 36 Main Street, Agawam, MA between 'the
Donald M. Rheaulr hours of 8:30am to 4:30pm, Monday through Friday.,:
Robert E. Rossi
Anthony R. Suffrit -p
R
ADMINISTRATIVE. BY ORDER OF: d
ASS sTANT
Barbara A. Bard Christopher C. Johnson
President of the Agawam City Council
TO BE ADVERTISED ON 3/27/13 and 4/3/13
TELEPHONE
(413) 726-9716
FAX
(413) 726-971 7
EMAIL
board r@agawam,ma,us
Lcoal Noficcs
LEGAL NOTICE is an Ordinance to Amend
TOWN OF AGAWAM the Code of the Zoning Ord-
PLANNING BOARD ingnce of the Town of Aga-
The Agawam Planning wam to allow registered
Board will hold a public Medical Marijuana Facilities
hearing on Thursday, April as submitted to the Agawam
3, 2014 at 6:30 PM in the City Council by the Planning
Agawam Public library, 750 Board. TOR-2014-1 is avail-
Cooper r Street,Agawam,MA. able for public inspection at
The purpose of this hearing the City Clerk's Office and
will be to hear the petition the Planning Department,36
of the Agawam Planning Main Street, Agawam, MA
Board on a proposed zoning between the hours of 830am
amendment to the Agawam to 4:30pm, Monday through
Zoning Ordinance to allow Friday.
registered medical mari- BY ORDER OF:
juana facilities. A copy of +Chrlstophtir C.Johnson
the proposal can be obtained President of the
from the Agawam Planning Agawam City Council
Office between the hours of 3/27,4/3/14
8:30 AM and 4:30 PM in the
Agawam Town Hall,36 Main Commonwealth of
Street,Agawam,MA. Massachusetts.
BY ORDER OF: The Trial Court
MarkR.Paleologopoulos, Probate and Iaartfly Court
Chairman Hampden Division
Agawam Planning Board 50 State Street
3120,3/27/14 Springfield,MA 01103
(413)748-8600
LEGAL NOTICE Docket No.HD14POS08EA
PUBLIC BEARING Estate of.John M.Spettacy
AGAWAM Also Known As:John
CITY COUNCIL Michael Speltacy
The Agawam City Coun Date of Death:
F
cil will conduct a pub February 10,2014
lic hearing on Tuesday, INFORMAL PRORATE
April 22,at 7:00pm, at thePUBLICATION NOTICE
Roberta 0. Doering School, To all persons interested
68 Main Street, Agawam, in the above captioned estate,
MA on TOR-2014-1 which by Petition of Petitioner
v
Vy;,
1�\
li
U«�
t
C
r 1 4 t#
as a-htpio
sh� .
y
1 S
t team roe Viers 's off
TOR-2014-1
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE TOWN OF
AGAWAM TO ALLOW REGISTERED MEDICAL MARIJUANA FACILITIES
Sponsored by the Planning Board
WHEREAS, the Agawam Planning Board voted to act as petitioner for this
proposed zoning amendment to allow registered medical marijuana facilities; and
WHEREAS,by vote at the State election on November 6, 2012, the voters of the
Commonwealth approved, Chapter 369 of the Acts of 2012, a law regulating the,,,
cultivation, distribution, possession and use of marijuana for medical purposes; ands
"SHE AS,e currently under the Zoning Ordinance, a Medical
Treatment Center is not a permitted use in the Town; andri
WHEREAS, the regulation of medical marijuana raises novel and complex l 5-
planning,and public safety issues;and
WHEREAS, the current moratorium will end on May 16, 2014; and
WHEREAS, the Town intends to allow registered medical marijuana facilities in
a manner consistent with sound land use planning goals and objectives; and
WHEREAS, it is in the best interest of the Town of Agawam to allow medical
marijuana facilities while providing sufficient oversight to ensure proper geographic
location, and standards for parking, loading, delivery, security, landscaping, and signage
for such uses.
NOW THEREFORE, the Agawam City Council hereby resolves, ordains and
amends and enacts the following amendments to the Zoning Ordinance of Agawam:
SECTION I. 'Section 180-2 of said ordinance shall be amended by inserting the
following:-
Registered Marijuana Dispensary(RMD)
A use operated by a not-for-profit entity registered and approved by the MA
Department of Public Health on accordance with 105 CMR 725.000, and pursuant
to all other applicable state laws and regulations, also to be known as a Medical
Marijuana Treatment Center, that acquires, cultivates, possesses, processes
(including development of related products such as food, tinctures, aerosols, oils,
or ointments), transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or educational
materials to registered qualifying patients or their personal caregivers. A RMD
shall explicitly include facilities which cultivate and process medical marijuana,
and which may also dispense and deliver medical marijuana and related products.
The cultivation and processing of medical marijuana in accordance with these
regulations is considered to be a manufacturing use and is not agriculturally
exempt from zoning.
Off-Site Medical Marijuana Dispensary (OMMD)
A Registered Marijuana Dispensary that is located off-site from the
cultivation/processing facility (and controlled and operated by the same registered
and approved not-for-profit entity which operates an affiliated RMD) but which
serves only to dispense the Processed marijuana, related supplies and educational'
materials to registered Qualifying Patients or their personal caregivers in
accordance with the provisions of 1'05CMR 725.00.
SECTION 2. The first sentence of section 180-55(B) of Article X of said ordinance, as so
appearing,shall be amended by inserting after the word "allowed"the following words:-
by Special Permit,
SECTION 3. Article X of said ordinance shall be amended by inserting after section 180-
55(B)(32) the following sections:
(33) Registered Marijuana Dispensary.
(34) Off-Site Medical Marijuana Dispensary.
SECTION 4. Section 180-123 under Article X'VIII, as appearing in`TOR-2013-7, shall be
deleted in its entirety and inserting in place thereof the following:-
§180-123 Purpose.
It is recognized that the nature of the substance cultivated, processed,
and/or sold by medical marijuana treatment centers and off-site medical
marijuana dispensaries may have objectionable operational characteristics
and should be located in such a way as to ensure the health, safety, and
general well-being of the public as well as patients seeking treatment. The
specific and separate regulation of Registered Marijuana Dispensaries<
("RMD") as Medical Marijuana Treatment Centers and Off-site Medical
Marijuana Dispensary ("OMMD") facilities is necessary to advance these
purposes and ensure that ;such facilities are not located within close
proximity of minors' and do not become concentrated in any one area
within the Town of Agawam.
Subject to the provisions of this Zoning Bylaw, Chapter 40A of the
Massachusetts General Laws, and 105 CMR 725.000, Registered
Marijuana Dispensaries and Off-site Medical Marijuana Dispensaries will
be permitted to provide medical support, security, and physician oversight
that meet or exceed state regulations as established by the Massachusetts
Department of Health ("MDPH").
Page 2 of 7
SECTION 5. Article XVIII of said ordinance shall be amended by inserting after section
180-123 the following section-.-
§180-124 Additional Requirements/Conditions.
In addition to the standard requirements for uses requiring a Special
Permit and Site Plan Approval, the following shall also apply to all
Registered Marijuana Dispensaries and Off-Site Medical Marijuana
Dispensaries:
A. Use
(1) RMD and OMMD facilities may only be involved in the uses
permitted by its definition and may not include other businesses or
services.
(2) No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
(3) The hours of operation shall be set by the Special Permit Granting
Authority, but in no event shall an RMD or OMMD facility 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.
(4) RMD facilities that can demonstrate that they comply with the
agricultural exemption under M.G.L. Chapter 40A, Section 3 must
still apply for Site Plan Approval.
B. Physical Requirements
(1)All aspects of the use/facility relative to the acquisition,cultivation,
possession, processing, sales, distribution, dispensing, or
administration of marijuana, products containing marijuana, related
supphes, or educational materials must take place at a fixed
location within a fully enclosed building and shad not be visible
from the exterior of the business.
(2)No outside storage is permitted.
(3) No OMMI) Facility shall have a gross floor area in excess oft, 00
square feet.
(4) Ventilation — all Rill and OMMD facilities shall be ventilated in
such a manner that no:
(a) Pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the
outside atmosphere; and
(b) No odor from marijuana or its processing can be detected
by a person with an unimpaired and otherwise normal sense
of smell at the exterior of the medical marijuana business or
at any adjoining use or property.
B. Signage
(1) Signage shall be displayed on the exterior of the RMD and OMMD
facility's entrance in plain sight of clients stating that "Registration
Card issued by the MA Department of Public Health required" in
text two inches in height.
Page 3 of 7
(2) All signage must conform to the requirements of Section VII of
these bylaws,
(3) In addition, all signagc must conform to the requirements of 105
CMR 725.105(L.) as amended,
C. Location
(1) No RMD and OMMD facility shall be located on a parcel which is
within five hundred (500) feet (to be measured in a straight line
from the nearest points of each property line) of parcel occupied
by:
(a) a public or private elementary, junior high, middle,
vocational or high school, college, junior college,
university or child care facility or any other use in which
children commonly congregate in an organized ongoing
formal basis,or
(b) another RMD or OMMD facility, except that this limitation
shall not apply in Industrial zones.
(2)No RMD or OMMD facility shall be located on a lot which abuts a
residential use (including commercial residential uses such as
hotels, motels, lodging houses,etc.)or residential zoning district.
(3) No RMD or OMMD facility shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories.
D. Reporting Requirements
(1) All Special Permit and Site Plan Approval holders for an RMD or
OMMD facility shall provide the Police Department, Fire
Department, Building Inspector and the Special Permit Granting,
Authority with the names, phone numbers and email addresses of
all management staff and key-holders, including a minimum of two
(2) operators or managers of the facility 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.
(2) The local Building Inspector, Board of Health, Police Department,
Fire Department and Special Permit Granting Authority (in cases
where a Special Permit and Site Plan Approval was granted) shall
be notified in writing by an RMD or OMMD facility
owner/operator/manager:
(a) A minimum of 30 days prior to any change in ownership or
management of that facility
(b) A minimum of 12 hours 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 RMD or
OMMD.
(3) Permitted RMD and OMMD facilities shall file an annual report to
and appear before the Special Permit Granting Authority no later
than January 3 1st, providing a copy of all current applicable state
licenses for the facility and/or its owners and demonstrate
continued compliance with the conditions of the Special Permit.
Page 4 of 7
(4) The owner or manager is required to respond by phone or email
within twenty-four hours of contact by a city official concerning
their RMD or OM MD at the phone number or email address
provided to the City as the contact for the business.
E. Issuance/Transfer/Discontinuance of Use
(1) Special Permits/Site Plan Approvals shall be issued to the RMD
Operator
(2) Special Permits/Site Plan Approvals shall be issued for a specific
site/parcel
(3) Special Permits/Site Plan Approvals shall be non-transferable to
either another'RMD Operator or site/parcel
(4) Special Permits/Site plan Approvals shall have a term limited to
the duration of the applicant's ownership/control of the premises as
a RMD or OMMD, and shall lapse:
(a) If the permit holder ceases operation of the RMD, and/or
(b) The permit holder's registration by MDPH expires or is
terminated
(5) The permit holder shall notify the Zoning Enforcement Officer and
Special Permit Granting Authority in writing within 48 hours of
such lapse, cessation,discontinuance or expiration.
(6) An RMD or OMMD facility shall be required to remove all
material, plants equipment and other paraphernalia prior to
surrendering its state Registration or ceasing its operation.
(a) Prior to the issuance of a Building Permit for a RMD or
OIL MD the applicant is required to 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 to removing all materials, plants,
equipment and other paraphernalia if the applicant fails to
do so. The Building Inspector 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
Building Inspector prior to the expiration of the 45 days
written notice, said bond shall be returned to the applicant.
SECTION 6. Article XVIII of said ordinance shall be further amended by inserting after
section 180-124 the following section:-
§180-125 Application Requirements.
In addition to the standard application requirements for Special Permits
and Site Plan Approvals, such applications for an RMD or OMMD facility
shall include all of the following:
(1) The name and address of each owner of the: RMD or OMMD
facility/operation;
Page 5 of 7
(2) A copy of its registration as an RMD from the Massachusetts
Department of Public Health or documentation that demonstrates
that said RMD or OMMD facility, and it's owner/operators,
qualify and are eligible to receive a Certificate of Registration and
meet all of the requirements of a RMD in accordance with 105
CMR 725.000,of the Massachusetts Department of Public Health;
(3) Evidence that the Applicant has site control and right to use the
site for a RMD or OMMD facility 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;
(4) A notarized statement signed by the R.MD or OMMD
organization's Chief Executive Officer and corporate attorney
disclosing all of its designated representatives, including officers,
directors, shareholders, partners, members, managers, or other
similarly-situated individuals and entities 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;
(5) In addition to what is normally required in a Site Plan, details
showing all exterior proposed security measures for the RMD or
OMMD including lighting, fencing, gates and alarms, etc. ensuring
the safety of employees and patrons and to protect the premises
Born theft or other criminal activity;
(6) A detailed floor plan identifying the are available and functional
uses(including square footage);
(7)All sipage being proposed for the facility;
(8) A traffic study to establish the RMD or OMMD impacts at peak
demand times; and
(9) A Management Plan including a description of all activities to
occur on site, including all provisions for the delivery of medical
marijuana and related products to OMMDs or off-site direct
delivery to patients.
SECTION 7. Article XVIII of said ordinance shall be further amended by inserting after
section 180-125 the following section:-
§180-126 Findings.
In addition to the standard Findings for a Special, Permit and Site Plan
Approval the Special Permit Granting Authority must also find all the
following:
(1) That the RMD or OMMD facility is designed to minimize any
adverse visual or economic impacts on abutters and other parties in
interest;
(2) That the RMD or OMMD facility demonstrates that it will meet all
the permitting requirements of all applicable agencies within the
Page 6 of 7
Commonwealth of Massachusetts and will be in compliance with
all applicable state laws and regulations;
(3) That the applicant has satisfied all of the conditions and
requirements of this Section and other applicable Sections of this
Ordinance;
(4) That the RMD or OMMD project meets a demonstrated need;
(5)That the RMD or OMMD facility provides adequate security
measures to ensure that no individual participant will pose a direct
threat to the health or safety of other individuals, and that the
storage and/or location of cultivation is adequately secured; and
(6) That the RMD or OMMD facility adequately addresses issues
of traffic demand, circulation flow,parking and queuing,
particularly at peak periods at the facility, and it impact on
neighboring uses.
Dated this day of 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
PPROVED A TO FORM AND LEGALITY
Vincent F.'tx'15"scia, City Solicitor
Page 7 of 7
The cultivation and processing of medical marijuana in accordance with these
regulations is considered to be a manufacturing use and is not agriculturally
exempt from zoning.
Off-Site Medical Marijuana Dispensary (OMD)
A Registered Marijuana Dispensary that is located off-site from the
cultivation/processing facility (and controlled and operated by the same registered
and approved not-for-profit entity'which`operates an affiliated RMD) but which
serves only to dispense the processed marijuana, related supplies and educational
materials to registered Qualifying Patients or their personal caregivers in
accordance with the provisions of 1'05CR 725.00
SECTION''2. The first sentence of section 180-55(B) of Article X of said ordinance, as so
appearing, shall be amended by inserting after the word"allowed" the following words:-
by Special Permit,
SECTION 3. Article X of said ordinance shall be amended by inserting after section 180
55(B)(32) the following sections:-
(33) Registered Marijuana Dispensary.:
(34) Off-Site Medical Marijuana Dispensary.
SECTION`4. Section 180-123 under Article XVIII, as appearing in TOR-2013-7 shall be
deleted in its entirety and inserting in place thereof the following;-
§180-123 Purpose.
It is recognized that the nature of the substance cultivated, processed,
and/or sold by medical marijuana treatment centers and off-site medical
marijuana dispensaries may have objectionable operational characteristics
and should be located in such a way as to ensure the health, safety, and
general well-being of the public as well as patients seeking treatment. The
specific and separate regulation of Registered Marijuana Dispensaries
("RMD") as Medical Marijuana Treatment Centers and Off-site;Medical
Marijuana Dispensary ("OMMD") facilities is:necessary to advance these
purposes and ensure that :such facilities are not located within close`
proximity of minors and do not become concentrated in any one area
within the Town of Agawam.
Subject to the provisions of this Zoning Bylaw, Chapter 40A of the
Massachusetts General Laws, and 1`05 CMR 725.000, Registered
Marijuana Dispensaries and Off-site Medical Marijuana Dispensaries will
be permitted to provide medical support, security, and physician oversight
that meet or exceed state regulations as established by the Massachusetts
Department of Health ("MDPH")..
Page 2 of
SECTION 5. Article XVIII of said ordinance shall be amended by inserting after section
180-123 the following section-
§180-124 Additional Requirements/Conditions.
In addition to the standard requirements for uses requiring a Special
Permit and Site Plan Approval, the following shall also apply to all
Registered Marijuana Dispensaries and Off Site Medical Marijuana
Dispensaries:
A. Use
(1) RMD and OMMD facilities may only be involved in the uses
permitted by its definition and may not include other businesses or
services.
(2) No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
(3) The hours of operation shall be set by the Special Permit GrAnting
Authority, but in no event shall an RMI) or OM MD facility 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.
(4) RMD facilities that can demonstrate that they comply with the
agricultural exemption under M.G.L. Chapter 40A, Section 3 must
still apply for Site Plan Approval.
B. Physical Requirements
(1) All aspects of the use/facility relative to the acquisition, cultivation,
possession, processing, 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 and shall not be visible
fi-om the exterior of the business.
(2)No outside storage is permitted.
(3)No OMMD Facility shall have a gross floor area in excess of 2,500
square feet.
(4) Ventilation — all RMD and OMMD facilities shall be ventilated in
such a manner that no:
(a) Pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the
outside atmosphere; and
(b) No odor from marijuana or its processing can be detected
by a person with an unimpaired and otherwise normal sense
of smell at the exterior of the medical marijuana business or
at any adjoining use or property.
B. Signage
(1) Signage shall be displayed on the exterior of the RMD and OMMD
facility's entrance in plain sight of clients stating that"Registration
Card issued by the MA Department of Public Health required" in
text two inches in height.
Page 3 of 7
(2) All signage must conform to the requirements of Section VII of
these bylaws.
(3) In addition, all signage must conform to the requirements of 105
CMR 725.105(L.) as amended.
C. Location
(1)No RMD and OMMD facility shall be located on a parcel which is
within five hundred (500) feet (to be measured in a straight line
from the nearest points of each property line) of parcel occupied
by:
(a) a public or private elementary, junior high, middle,
vocational or high school, college, junior college,
university or child care facility or any other use in which
children commonly congregate in an organized ongoing
formal basis, or
(b) another RMD or OMMD facility, except that this limitation
shall not apply in Industrial zones.
(2)No RMD or OMMD facility shall be located on a lot which abuts a
residential use (including commercial residential uses such as
hotels,motels, lodging houses, etc.) or residential zoning district,
(3) No RMD or OMMD facility shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories.
D. Reporting Requirements
(1) All Special Permit and Site Plan Approval holders for an RMD or
OMMD facility shall provide the Police Department, Fire
Department, Building Inspector and the Special Permit Granting
Authority with the names, phone numbers and email addresses of
all management staff and key-holders, including a minimum of two
(2) operators or managers of the facility identified as contact
penons 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.
(2) The local Building Inspector, Board of Health, Police Department,
Fire Department and Special Permit Granting Authority (in cues
where a Special Permit and Site Plan Approval was granted) shall
be notified in writing by an RMD or OMMD facility
owner/operator/manager:
(a) A minimum of 30 days prior to any change in ownership or
management of that facility
(b) A minimum of 12 hours 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 RMD or
OMMD.
(3) Permitted RMD and OMMD facilities shall file an annual report to
and appear before the Special Permit Granting Authority no later
than January 31st, providing a copy of all current applicable state
licenses for the facility and/or its owners and demonstrate
continued compliance with the conditions of the Special Permit.
Page 4 of 7
,'A
k-T) The owner or manager is required to respond by phone or email
within twenty-four hours of contact by a city official concerning
their RMD or OMMD at the phone number or email address
provided to the City as the contact for the business.
E. Issuance/Transfer/Discontinuance of Use
(1) Special Permits/Site Plan Approvals shall be issued to the RMD
Operator
(2) Special Permits/Site Plan Approvals shall be issued for a specific
site/parcel
(3) Special Permits/Site Plan Approvals shall be non-transferable to
either another RMD Operator or site/parcel
(4) Special Permits/Site plan Approvals shall have, a terni limited to
the duration of the applicant's ownership/control of the premises as
a RMD or OMMD, and shall lapse:
(a) If the permit holder ceases operation of the RMD, and/or
(b) The permit holder's registration by MDPH expires or is
terminated
(5) The permit holder shall notify the Zoning Enforcement Officer and
Special Permit Granting Authority in writing within 48 hours of
such lapse, cessation, discontinuance or expiration.
(6) An RMD or OMMD facility shall be required to remove all
material, plants equipment and other paraphernalia prior to
surrendering its state Registration or ceasing its operation.
(a) Prior to the issuance of a Building Permit for a RMD or
OMMD the applicant is required to 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 Building Inspector 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
Building Inspector prior to the expiration of the 45 days
written notice, said bond shall be returned to the applicant.
SECTION 6. Article VIII of said ordinance shall be further amended by inserting after
section 180-124 the following section:-
§180-125 Application Requirements.
In addition to the standard application requirements for Special Permits
and Site Plan Approvals, such applications for an RMD or ONMD facility
shall include all of the following:
(1) The name and address of each owner of the RMD or OMMD
facility/operation;
Page 5 of 7
(2) A copy of its registration as an RMD from the Massachusetts
Department of Public Health or documentation that demonstrates
that said RMD or OMMD facility, and it's owner/operators,
qualify and are eligible to receive a Certificate of Registration and
meet all of the requirements of a RMD in accordance with 105
CMR 725.000 of the Massachusetts Department of Public Health;
(3) Evidence that the Applicant has site control and right to use the
site for a RMD or OMMD facility 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;
(4) A notarized statement signed by the RMD or OMMD
organ zation's Chief Executive Officer and corporate attorney
disclosing all of its designated representatives, including officers,
directors, shareholders, partners, members, managers, or other
similarly-situated individuals and entities 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;
(5) In addition to what is normally required in a Site Plan, details
showing all exterior proposed security measures for the RMD or
OMMD including lighting, fencing, gates and alarms, etc. ensuring
the safety of employees and patrons and to protect the premises
from theft or other criminal activity;
(6) A detailed floor plan identifying the areas available and functional
uses(including square footage);
(7) All signage being proposed for the facility;
(8) A traffic study to establish the RMD or OMMD impacts at peak
demand times;and
(9) A Management Plan including a description of all activities to
occur on site, including all provisions for the: delivery of medical
marijuana and related products to OM or off site direct
delivery to patients.
SECTION 7. Article XVHI of said ordinance shall be finther amended by inserting after
section 180-125 the following section:-
§180-126 Mmdings.
In addition to the standard Findings for a Special Permit and Site Plan
Approval the Special Permit Granting Authority must also find all the
following:
(1)That the RMD or OMMD facility is designed to minimize any
adverse visual or economic impacts on abutters and other parties in
interest;
(2) That the RMD or OMMD facility demonstrates that it will meet all
the permitting requirements of all applicable agencies within the
Page 6 of 7
Commonwealth of Massachusetts and will be in compliance with
all applicable state laws and regulations;
(3) That the applicant has satisfied all of the conditions and
requirements of this Section and other applicable Sections of this
Ordinance;
(4)That the RMD or OMMD project meets a demonstrated need;
(5) That the RMD or OMMD facility provides adequate security
measures to ensure that no individual participant will pose a direct
threat to the health or safety of other individuals, and that the;
storage and/or location of cultivation is adequately secured; and
(6)That the RMD or OMMD facility adequately addresses issues'
of traffic demand, circulation flow,parking and queuing,
particularly at peak periods at the facility, and it impact on
neighboring uses.
Dated this.day of 2014.
PER ORDER OF THE A+GAWAM CITY COUNCIL,
Christopher C.Johnson, President
tPPROV7ED A TO FORM AND LEGALITY
l
Vincent p. aoscia, City Solicitor
Page 7 of
a
Town .of Agawam
1 36 Maui Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413.-786-9927`
arch•7, 2014
Christopher C. Johnson, President
Dennis J. Perry,'Vice President
George Bitzas, Councilor.
Cecilia F, Calabrese,Councilor'
Paul C. Cavallo,_Councilor
James P. Cichetti, Councilor
Gina M. Letellier, Councilor`
Robert A. Magovern Councilor
-Joseph Mineo, Councilor
Donald M. Rheault,Councilor ry
Robert Rossi,Councilor
Agawam Town Council
36 Main Street
Agawam, MA'01001
Dear Councilors:
At its duly called meeting held on March 6, 2014, the Agawam Planning Board voted to be the.
petitioner on the attached Zoning Amendment'TOR-2014-1 "Medical Marijuana Facilities".
If you have any questions, please contact the Planning Department<at extension 8738.
Sincerely,
Mark R. Paleologopoulos, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor, File
TOR-2014-1
AN ORDINANCE TO AMEND T ZONING ORDINANCE OF THE TOWN OF
AGAWAM TO ALLOW REGISTERED DIC' RI ANA FACILITIES
Sponsored by the planning Board
WHEREAS, the Agawam Planning Board voted to act as petitioner for this
proposed zoning amendment to allow registered medical marijuana facilities; and
WHEREAS, by vote at the State election on November 6, 2012, the voters of the
Commonwealth approved, Chapter 369 of the Acts of 2012, a law regulating the
cultivation, distribution,possession and use of marijuana for medical purposes; and
WHEREAS, currently under the Zoning Ordinance, a Medical Marijuana
Treatment Center is not a permitted use in the Town;and
WHEREAS, the regulation of medical marijuana raises novel and complex legal,
planning, and public safety issues; and
WHEREAS, the Town intends to allow registered medical marijuana facilities in"
a manner consistent with sound land use planning goals and objectives; and
WHEREAS, it is in the best interest"of the Town of Agawam to allow medical
marijuana facilities while�providing sufficient oversight to ensure proper geographic
location, and standards for parking, loading,g, delivery, security, landscaping, and signage
for such uses,
NOW THEREFORE, the Agawam City Council hereby resolves, ordains and
ends and enacts the following amendments to the Zoning Ordinance of Agawam:
SECTION 1. Section 180-2 of said ordinance shall be amended by inserting the following: -
egist+er,ed Marijuana Dispensary )
A use operated by a not-for-profit entity registered and approved by the MA
Department of Public Health on accordance with 105 CMR 725.000,and pursuant
to all other applicable ;state laws and regulations, also to be known as a Medical
Marijuana Treatment Center, that acquires, :cultivates, possesses, processes
(including development of related products such:as food, tinctures, aerosols, oils,
or ointments), transfers, transports, sells, distributes., dispenses, or administers
marijuana, products containing marijuana, related supplies, or education
materials to registered qualifying patients or their personal caregivers. A RMD
shall explicitly include facilities which cultivate and process medical marijuana,
and which may also dispense and deliver medical marijuana and related products.
The cultivation and processing of medical marijuana in accordance with these
regulations is considered to be a manufacturing use and is not agriculturally
r yy
i
exempt;from zoning.
Off-Site Medical Marijuana Dispensary (OMMD)
A Registered Marijuana Dispensary that is located off-site from the
cultivation/processing facility (and controlled and operated by the same registered
and approved not-for-profit entity which operates an affiliated RMD) but which
serves only to dispense the processed marijuana, related supplies and educational
materials to registered Qualifying Patients or their personal caregivers in
accordance with the provisions of'105CMR 725.00.
SECTION 2. The first sentence of section 180-55(B)of Article X of said ordinance, as so;
appearing, shall be amended by inserting after the word "allowed"the following words:-,
by Special Permit,
SECTION 3. Article X of said Ordinance shall be amended by inserting after section 180
55(B)(32) the following sections:-
(33)Registered Marijuana Dispensary.
(34) Off-Site Medical Marijuana Dispensary.
SECTION 4. Section 180-123 under Article XVIII, as appearing in TOR-2013-7, shall be
deleted in its entirety and inserting in place thereof the following -
§180-123 Purpose.
It is recognized that the nature of the substance cultivated, processed,
and/or sold by medical marijuana treatment centers and off-site medical'
marijuana dispensaries may have objectionable operational characteristics
and should be 'located in such a way as to ensure the health, safety, and
general well-being of the public as well as patients seeking treatment. The
specific and separate regulation of Registered Marijuana Dispensaries
("RMD") as Medical Marijuana Treatment Centers and Off-site Medical
Marijuana Dispensary ("OMMD"} facilities is necessary to advance these
purposes and ensure that such facilities are not located within close
proximity of minors and do not become concentrated in any one area
within the Town of Agawam.
Subject to the provisions of this Zoning Bylaw, Chapter 40A of the
Massachusetts General Laws, and 105 CMR 725.000, Registered
Marijuana Dispensaries and:Off-site Medical Marijuana Dispensaries will
be permitted to provide medical support, security, and physician oversight
that meet or exceed state regulations as established by the:Massachusetts
Department of Health("MDPH").
SECTION 5. Article XVIII of said ordinance shall be amended by inserting after section
180-123 the following section:
§180-124 Additional Requirements/Conditions.
Page 2 of 7
In addition to the standard requirements for uses requiring a Special
Permit and Site Plan' Approval, the following shall also apply to all
Registered Marijuana Dispensaries and Off Site Medical Marijuana
Dispensaries:
A.Use
(1) ;RMD and OMMD facilities may only be involved in the uses
permitted by its definition and may not include other businesses or
services.
(2) No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
(3) The hours of operation shall be set by the Special Permit Granting
Authority, but in no event shall an RMD or OMMD facility be
open to the public, d'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.
(4) RMD facilities that can demonstrate that they comply with the
agricultural exemption under M.GI. Chapter 40A, Section 3 must
still apply for Site Plan Approval.
B. Physical Requirements
(1)All aspects of the use/facility relative io the acquisition, cultivation,
possession, processing, sales, distribution, dispensing, oi•
administration of marijuana,products containing marijuana, related
supplies, or educational materials must take ,place at a fixed
location within a fully enclosed building and shall not be visible
from the exterior of the business.
(2)1' o outside storage is;permitted,
(3)No OMMD Facility shall have a gross floor area in excess of 2,500
square feet.
(4) Ventilation— all RMD and OMMD facilities shall be ventilated in
such a manner that no:
(a) Pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the
outside atmosphere; and
(b) No odor from marijuana or its processing can be detected
by a person with ani paired and otherwise normal sense
of smell at the exterior of the medical marijuana business or
at any adjoining use or property.
B. Signage
(1) Signage shall be displayed on the exterior of the RMJ) and ONQvfl)
facility's entrance in plain sight of clients stating that"Registration
Card issued by the MA Department of Public Health required" in
text two inches in height.
(2) All signage must conform to the requirements of Section VII of
these bylaws,
(3) In addition, all signage must conform to the requirements of 105
CMR 725.105(L.)as amended.
C. Location
Page 3 of 7
r
r i
(1) No RMD and OMMD facility shall be located on a parcel which is
within five hundred (500) feet (to be measured in a straight line
from the nearest points of each property line) of parcel occupied
by
(a) a public or private elementary,, junior high, middle,
vocational or high school, college, junior college,
university 'or child care facility or any other use in which
children commonly congregate in an organized ongoing;
formal basis, or
(b) another RMD or OMMD facility, except that this limitation
shall not apply in Industrial zones.,
(2)No RMD or OMMD facility shall be located on a lot which abuts a;
residential use (including commercial residential uses such as
hotels, motels, lodging houses, etc.)or residential zoning district.
(3) ;No RMD or OMMD facility shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories.
D. Reporting Requirements
(1) All Special Permit;and Site Plan Approval holders for an RNM or
OMMD facility shall provide the Police Department, Fire
Department, Building Inspector' and the Special Permit Granting
Authority with the names, phone numbers and email addresses of
all management staff and key-holders, including a minimum of two
(2) operators or managers of the facility 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.
(2) The local Building Inspector, Board of Health, Police Department,
Fire Department and Special Permit Granting Authority (in cases
where a Special Permit and Site Plan Approval was granted) shall
be notified in writing; by an RMD or OMMD facility
owner/operator/manager:
(a) A minimum of 30 days prior to any change in ownership or
management of that facility
(b) A minimum of 12 hours 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 RMD or
OMMD.
(3) Permitted RMD and OMMD facilities shall file an annual report to
and appear before the Special Permit Granting Authority no later
than January 3 l st, providing a copy of all current applicable state
licenses for the facility and/or its owners and demonstrate
continued compliance with-the conditions of the Special Permit.
(4) The owner or manager is required to respond by phone or email
within twenty-four hours of contact by a city official concerning
their RMD or OMMD at the phone number or email address
provided to the City as the contact'for the business.
E. Issuance/Transfer/Discontinuance of Use
Page 4 of 7
(1) Special Pen-nits/Site Plan Approvals shall be issued to the RMD
Operator
(2) Special Permits/Site Plan Approvals,shall be issued for a specific
site/parcel
(3).Special Permits/Site Plan Approvals shall be non-transferable to
either another RMD Operator or site/parcel
(4) Special Permits/Site plan Approvals shall have a term limited to
the duration of the applicant's ownership/control of the premises as
a RMD or OMMD,and shall lapse:
(a)If the perrhit holder ceases operation of the RMD,and/or
(b) The permit holder's registration by MDPH expires or is
terminated
(5) The permit holder shall notify the Zoning Enforcement Officer and
Special Permit Granting Authority in writing within 48 hours of
such lapse,cessation, discontinuance or expiration.
(6) An R.MD or OMMD facility shall be required to remove all
material, plants equipment and other paraphe ia< prior to
surrendering its state Registration or ceasing its operation.
(a) Prior to the issuance of'a Building Permit for a RMD or
OMMD the applicant is required to 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 Building'Inspector 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
Building Inspector prior to the expiration of the 45 days
written notice, said bond shall be returned to the applicant.
SECTION 6. Article XVIII of said ordinance shall be further amended by inserting after
section 180-124 the following section:-
§180-125 Application Requirements.
In addition to the standard application requirements for Special Permits
and Site Plan Approvals, such applications for an RMD or OMMD facility
shall include all of the following,
(1) The name and address of each owner of the RMD or OMMD
facility/operation;
(2) A copy of its registration as an RMD from the Massachusetts
Department of Public Health or documentation that demonstrates
that said RMD or OM MD facility, and it's owner/operators,
qualify and are eligible to receive a Certificate of Registration and
meet all of the requirements of a RMD in accordance with 105
CMR 725.000 of the Massachusetts Department of Public Health;
Page 5 of 7
1
(3) Evidence that the,Applicant has site control and right to use the
site for a RMD or OMMD facility 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;
(4) A notarized statement signed by the RMD or OMMD
organization's Chief Executive Officer and corporate attorney
disclosing all of its designated representatives, including officers,
directors, shareholders, partners, members, managers, or other
similarly-situated individuals and entities 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;
(5) In addition to what is normally required in a Site Plan, details
showing all exterior proposed security measures for the RMD or
OM AM including lighting; fencing, gates and alarms, etc. ensuring
the safety of employees and patrons and to protect the premises
from theft or other criminal activity,
(6) A detailed floor plan identifying the areas available and functional
uses (including square footage),
(7) All signage being proposed for the facility
(8) A traffic study to establish the RMD or OMMD impacts at peak
demand times, and
(9) A Management Plan including a description of all activities to
occur on site, including all provisions for the delivery of medical
marijuana and related products to OMMDs or off--site direct
delivery to patients.
SECTION 7. Article XVIII of said ordinance shall be further amended by inserting after
section 180-125 the following section:-
§1180-126' Findings.
In addition to the standard Findings for a Special Permit and Site Plan
Approval the Special Permit Granting Authority must also find all the
following:
(1) That the RMD or OMMD facility is designed to minimize any
adverse visual or economic impacts on abutters and other parties in
interest;
(2) That the RMD or OMMD facility demonstrates that it will meet all
the permitting requirements of all applicable agencies within the
Commonwealth of Massachusetts and will be in compliance with
all applicable state laws and regulations;
(3)That the applicant has satisfied all of the conditions and
requirements of this Section and other applicable Sections of this
Ordinance;
(4) That the RMD or OMMD project meets a demonstrated need;
Page 6 of 7
5 That the RMD or'OMAM facility provides adequate security
measures to ensure that no individual participant will pose a direct
threat to the health or safety of other individuals, and that the
storage and/or location of cultivation is adequately secured; and
( "fiat the =or OMMD facility adequately addresses issues
Of traffic demand,circulation flow, parking and queuing,
Particularly at peak periods at the facility,and it impact on
neighboring uses.
Dated this day of 2014.
PER.ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
Page 7 of 7