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8718_ZONING AMENDMENT - MORATORIUM ON MEDICAL MARIJUANA FACILITIES.pdf~7\~- M\ ~~ A(\{\Qrd(Y\Qf)f ~ ~® \t l ~(\f) (j () }JJd\ (Q \ Nor~UQf\q Th~~ \\t\Q~ ·'Planning board wants -pot-dispensing onhQld By CbrlstopberFanIe Turley Publications Correspondent AGAWAM -The A8awam Planning Board is now formally seeking an eight-month momto- rium on the opening orany medi- cal marijuana treatment cent¢t In town_ ' It vo~ to issue such a petition on Thursday, JuIy'18,at a meeting at tile Agawam Public Library, In !' 4 to I, vote, with Mark PaI\>olog-,OPOUlOS as the dissenlet, Accord· ingIy, the tnatter, D()W goes ~fore the City Council. ,The issue arose because in :NI!- "vember 2012 the voters of the Commonwealth approved a new law regulating the cultivation, dis- , tribution, possession, and use of marijuana for medicinal purposes. The case for a bokl comes down to the need to research the related issnes. Accordingly: the plannfug " board's discussion of a moratorium began with • report from Deborah> S. Dachos. directnr of Planning and Community, ,Development, wbosaid that she hoped Agawam Please_fOr, page' ~ t .{, ~ ,~ I:l ,0 ~ ...,._~ .~ .annmgaoaro seeks moratorium on manjui:wa POt,·.from page 1 ties and would clear the action of slalIi"!!,, ' would not tty to address all the oovel legal, planning: and Travis P. Wood, chairman of the boan:I.said, "J don't care t public safety iss~es raised by the prospect of a dispensary in what the number is," "" belween eight and six months. He town WIthout taking time to get some guidance from profes-asked for a motion. . • sional associations looking into the matter. . Violet Baldwin complied, moving that the board petition: ,J She referred specifically in this connection to the Pioneer the city council in connection with an eighl-month morato-, Valley Planning Commission (pVPC) and to the Massachu-riom. The motion led to the 4 10 1 vote. l setts Builders Association (MBA). The PVPC is at work on There was some discnssion of devei<lpments in otIieiMas-' "1 a model bill which' may be ready within the eight-month pe-sacbusetts towns. In particular. the stale attonIey' general', riod. Dachos ~aid she had only lately found ont about this. office bas struck down efforts to ~lbWn-wide ptobibi- "I'm going to start going to the meetings; lind-find Oul where tions on dispensaries, as in Wakefield, but .. has Jlws. far 1leeII .. ~. they [P~J are in the process." tolerant of moratoriums, on the ground llIi1ttooatities sbooid, ...• Sbe recently attended a meeting of the MBA during which retain control over many anciUary aspeels of tile cont<mtious •• a zoning attOJ1leY spoI<e. This atlDmey indicated that unless issue of marijuana sales. . ": . .' "'1 some pro11Wo!iumade otherwise. it is pussible dispensa-Theboardrecoguizedanon-member,alX$n~"""" nes could liJWfuIll' <>perate out of "any business or indUstrial ~nt at the ~g wIlo suggested that1!reYJ!Ije~,w,onIlIIg' .... w!1C." a moratorium for as long as the. law aIl9WL M .. 'Ibis;. be .. Said,. '.'1 In the discnssion among board members, Paleologopoulos wonld cover the town of Agawam while puui(lg the OlIOS on ' was outspoken in his own view that eiglttmonths is too long. state officials to say exactly how uwch of aDlOl7llQrium is ' A dispensary is simply a drug store, be said, "and it should allowed. ' '. . , be treated as sucb." People don't have to wait eight months In California, which bas allowed medical marljuana since . before opening a pharmacy in town, be said. He called the 1996, the crop bas become a major part of the state's overall moratorium a matter of "sta\ling," in which he did not be-agricultural picture in the period since then, accounting fora ' !ieve because "the stale voted that il is legal to have sucb multi-billion dollar harvest. . . facilities in Massachusetts." Some optimists bave suggested that theticb !.ill of: die Paleologopoulos suggested u.al a slwrter six-month mora-Pioneer Valley will allow farmers beretohenetit ftolitao lorium would allow for the town 10 address any real difficul-analogous move here; with a positive impact on the whole region. B d ks 7/d1.s(I'?!.. . ow see pot moratorium By SANDRA CONSTANTINE The Planning Board's re- sconslanline@repub.com quest for a moratorium will be sent on for consideration by AGAWAM -The Planning the City Council, which will Board has' agreed to ask the have final say over a moratori • . City Council to call an eight. um as well as any ordinance month moratorium on allow· adopted by the city. ing a melll!:al.lQ/IrIjuana treat· Dachos said both the City ment center in the city to give Council and the Planning it more time to develop regula· Board would hold public bear· tions governing them. ings on the request to put off The board voted 4-1 July 18 drafting regulations. to take that action, according Communities cannot out· to Planning and Community law dispensaries or require Development Director Debo-them by special permit only, rab S. Dachos. Voting in favor according to· Dachos. They of the motion were Violet E. may, however, regulate in Baldwin, David A. Chase, which zoning districts they Nicholas M. Pandolfi and Tra· may be l~ted, much as how vis P. Ward, chairman of the commuruties regulate adult ~'~~Jt:1>aTeolot6jiOu. ~8S •. ~w, 'OOOIlC, ha&ilP-. los cast the dissenting vote. . pn~'f(l dp/!n such a d!sJ?ensa. Dachos said that the Pio-ry m A!f<I:wam, according to neer Valley Planning Com-Heru.th Director Randall G. mission is working on Whi.te. . . . develop;"" model regulations Cl~ SoliCltor Vmcent··~. , -.., . . GIOSCl8 has drafted an ordi· .or comm~ties nance that would allow for a War~ saId. th~ ho~ ~ts moratorium that is based on to watt until. It ~es .'t:J one used in Burlington'. Da. work, something that IS antI<;,' chos said the state attorney pated to take ~ to. ~lX general has already reviewed m~>nths. The plannmg offiClal and approved the language in SaId the ~oaro, ~f!11ts an eight. ·that ordinance. month moratonum to allow In November of 2012 Mas- some leeway. It chose eight sachusetts voters pass~ the months rather than a year Act for Humanitarian Medical :nhich co~d be so:en as stall· Use of Marijuana by a wide mg, according to him. margin. Ward said board members The state will allow up to 35 would like to review what the me<lical marijuana dispensa. regional planning commission ries in the state, and each !\lust comes up with and . then be accompanied by a faCility "tweak" it for Agawam. to grow marijuana. • • TOR-2013--1- AN ORDINANCE TO AMEND CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT CENTERS WHEREAS, The Agawam Planning Board voted to act as petitioner for this proposed zoning amendment to create a temporary moratorium on medical marijuana treatment centers; 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 Bylaw, a Medical Marijuana Treatment Center is not a permitted use in the Town and any regulations promulgated by the State Department of Public Health are expected to provide guidance to the Town in regulating medical marijuana, including Medical Marijuana Treatment Centers; and WHEREAS, The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Medical Marijuana Treatment Centers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Medical Marijuana Treatment Centers and other uses related to the regulation of medical marijuana; and WHEREAS, The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws 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 adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers; and NOW THEREFORE THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code ofthe Town of Agawam: Add the Following: "Article XVIII: Medical Marijuana Treatment Center" • • §180-123 (A) DEFINITION "Medical Marijuana Treatment Center" shall mean a "not- for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, 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 qualifying patients or their personal caregivers." (B) TEMPORARY MORATORIUM For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Medical Marijuana Treatment Center. The moratorium shall be in effect for eight months after the date of passage. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of medical marijuana in the Town, consider the Department of Public Health regulations regarding Medical Marijuana Treatment Centers and related uses, and shall consider adopting new Zoning Bylaws to address the impact and operation of Medical Marijuana Treatment Centers and related uses. DATED THIS tlJ~'I.0F 3ep~ ,2013. PER ORDER OF THE AGAWAM CITY COUNCIL • • • MAYORAL ACTION Received this ---.J\_1--'----ih ____ day Of~mw, 2013 from Council Clerk. Signed by Council President this I Le-rh day of~i[013. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the AgawamCharter, as ~ hertprove the passage of the above legislation on this n}' n day of ,01 ,2013. Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of _________ ,2013 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this yry J1) day of~!' 2013. • L Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 August 16, 2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P. 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 Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: On August 15,2013, the Planning Board voted to send a positive recommendation to the Council to enact an eight (8) month moratorium on Medical Marijuana Treatment Centers in Agawam. Medical Marijuana facilities were made legal by the voters in 2012. The Commonwealth has recently enacted regulations for siting such facilities. Up to 35 dispensaries will be allowed across the state with up to 5 per county. The Attorney General has ruled that municipalities may not ban dispensaries, but they may regulate the siting of dispensaries through zoning ordinances. She has also ruled that temporary moratoria may be adopted to give communities time to draft such zoning ordinances. If the Council were to adopt the proposed 8 month moratorium, the Planning Department, in conjunction with the Planning Board, will be able to collaborate with other Commonwealth communities to draft appropriate regulations to ensure that such facilities will not pose a threat to the health, safety and general well-being of the public as well as patients seeking treatment. Sincerely, D~~~ Deborah S. Dachos, Director Office of Planning and Community Development I briols I umns , i ~tters IIslde ~I '~, Hearing held , ' IySANDRACONS'rANTINi" . sconstantirie@repub.cOlll , AGAWAM -If there:ltre : residents with concerns about' the prospect of the town adop-' ting a moratoriUm OIl mediciil marijuana treatment centers in the city; they di\:l not voice concerns during the, Planning Board's public hearing Thurs- day on the proposal. , No one from the public showed up at the JD!!eting Thursday night at the Aga- wam Public Library. "I think they are waiqfor the City Council (Public btm"- ing)," Mark R. Paleolog<lJjpu- ~,who~ the m~ Bald. "I'm surprised more t'I!i$i-~ dents, aren't interested ~p. to come and share thell" 0fIIII" ' ions." '\', The City Council is' 'ex- pected to hold its own public hearing when it meets on Sept. 3. ' " , Aftera'brief discllssion,'the P\alitJ,ing BoardillldOrsed It!tv- inganeight-month morl\tQri-. inn 3-0. Voting in favor with " Paleologopouios were Plan-', njng Board members VioletK Baldwin and Nicholas M. PIIIl- dolfi., ';; Like many other comm1llli' ties, Agawam is considerirlg;1l moratorium to gilre offieiaIJ 1!l!>re' time to write regul/lo t{dns.. :~h,_ AlthougJi municipalities' must allow centers, they may regulate them in such respects , as Jimiting them to partic\dar zones. In November, Massa- cbusetts voters passed the·~ , fur Humanitarian Medical tJ~ Of~~CSPrinlJfiel~ ~_ ning Board has agreed to ask ~'::'~~::=~? develop' regulati()ns., The PaJmerTown Council ~ approved a moratorium' with officials saying they want maretime~Wheil!sue. . The C~pee Uity Council has adopted an' ,ordinance limiting medical marijuana dispensaries to industrially zoned locations that cannoUJe closer than 300 feet from a res- idential area, 500 feet from \ church, park or youth center or 1,000 feet from a school; 1:~ center or correctionlU I Planning Director DebQrlih I S. Dachas told the hoard that ' she has looked over model leg; t iShrtion being drafted by the! Pio~ValleyPlanningCom-I', • • on and is concerned u(same leJ(lll issues. She 've the board a copy of the I ",hich is not yet a public I OCtiment. I • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 August 16, 2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor Robert A. Magovem, Councilor Joseph Mineo, Councilor 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 August 15,2013, the Agawam Planning Board voted 3-0 to send a positive recommendation to the Town Council with regard to TOR-2013-7, Zoning . Amendment -Temporary Moratorium on Medical Marijuana Treatment Centers. If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, ~f:~~/o~~ Mark R.Paleologopoulos, Acting Chairman AGAWAM PLANNING BOARD MRPIDSD:prk cc: Clerk, Solicitor, File PRESIDENT Christopher C. Johnson VICE PRESIDENT Dennis J Perry COUNCILORS George Bitzas Cecilia P Calabrese Paul C Cavallo James P. Ciehetti Gina M Letellier Robert A. Magovern Joseph Mineo Donald M Rheault Robert E. Rossi ADMINISTRATIVE ASSISTANT Barbara A. Bard TELEPHONE (413) 726·9716 FAX (413) 726·9717 EMAIL bbard@agawam.rna.us ~. AGAWAM CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 NOTICE OF MEETING PLEASE BE ADVISED THAT THERE WILL BE A LEGISLATIVE SUB·COMMITTEE MEETING AND COUNCIL WORKSHOP, ON TUESDAY, AUGUST 27, 2013, AT 7:00pm IN THE PEIRCE ROOM AT THE AGAWAM PUBLIC LIBRARY, 750 COOPER STREET, AGAWAM,MA. AGENDA PH-2013-12 (TOR-2013-7) -An Ordinance to Amend Chapter 180 of the Code of the Town of Agawam Temporary Moratorium on Medical Marijuana Treatment Centers (Mayor) (Referred to Planning Board and Public Hearing Date Set for September 3, 2013) 2. Any other business that may legally come before the Committee. .111 J1,.fi2 (J etCl1lt:L tP ~s P. Clchettl, ChaIr ( j :../ cc: Committee Members Letellier, Cavallo, Rossi, and Bitzas Full Council Mayor, Solicitor, Deborah Dachos, Planning Director Travis Ward/Planning Board • • Memorandum To: Planning Board CC: Chief Robert Campbell From: Sergeant Richard Niles Date: 8/2/20 IJ Re: Proposed ICliling Amendment -IVledieal Marijuana Treatment Ctr. I would be supportive of a Temporary Moratorium on Medical marijuana Treatment Centers. RespectCully Submitted ..L;. yQ...~ Sergeant Richard Niles Safety Officer Agawam Police Department Traffic Bureau Commander Agawam Police Department RECEIVED 1 PRESIDENT Christopher C. Johnson VICE PRESIDENT Dennis J Perry COUNCILORS George Bitzas Cecilia P Calabrese Paul C. Cavallo James P. Cichetti Gina M Letellier Robert A. Magovern Joseph Mineo Donald M. Rheault Robert E. Rossi ADMINISTRATIVE ASSISTANT Barbara A. Bard TELEPHONE (413) 726-9716 FAX (413) 726-9717 EMAIL bbard@agawam,ma.us • • {GA W AM CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 August 6, 2013 Agawam Planning Board Town Hall 36 Main Street Agawam, MA. 01001 Re: TOR-2013-7 Dear Members of the Agawam Planning Board: At its regularly scheduled City Council meeting of August 5, 2013, the Agawam City Council referred the following item to the Agawam Planning Board for them to hold a public hearing and make a recommendation. The City Council also set a date of September 3, 2013 on which to hold their public hearing on the same. • PH-2013-12 (TOR-2013-7) -An Ordinance to Amend Chapter 180 of the Code of the Town of Agawam Temporary Moratorium on Medical Marijuana Treatment Centers (Mayor) If you have any questions, please do not hesitate to contact me. Sincerely, ~~lu Christopher C. Johnson, Agawam City Council CCJ/bb cc: Full Council Mayor Solicitor RECEIVED AUG 072013 PI.AN~~NAWA.M GBOARD • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, August 15,2013 at 7:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board on a proposed zoning amendment to Section 180 of the Agawam Zoning Ordinance by adding "Article XVIII- Medical Marijuana Treatment Center" which includes a definition and a temporary moratorium. A copy of the proposal can be obtained from the Agawam Planning Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Travis P. Ward, Chairman Agawam Planning Board (Ad to be run 8/1/13 & 8/8/13) Cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Dept. of Housing & Community Development, Boston { • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 TO: Building Inspector Town Solicitor EngineeringlDPW Safety Officer Fire Department Health Department Conservation Commission Board of Appeals School Committee Assessors FROM: Planning Board I> ~ I> MEMO SUBJECT: Proposed Zoning Amendment -Medical Marijuana Treatment Centers DATE: July 26,2013 The Planning Board is the petitioner on the attached zoning amendment entitled "Article XVIII, Medical Marijuana Treatment Center". The Board will be holding a public hearing on this zoning amendment on Thursday, August 15, 2013. Please submit any comments you may have prior to that date. Sincerelv. ... . C ~rn·· Travis P. :;;:;ZChai~ AGAWAM PLANNING BOARD TW:prk • • Town of Agawam 36 M.ain Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 July 19,2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor Robert A. Magovem, Councilor Joseph Mineo, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam, MA 0 I 00 I Dear Councilors: At its duly called meeting held on July 18,2013, the Agawam Planning Board voted to be the petitioner for a Temporary Moratorium on Medical Marijuana Treatment Centers. The purpose of the eight month Moratorium is to provide time to undertake a planning process to consider amending Agawam's Zoning Ordinance to adequately regulate the location of such facilities. The Planning Board will present the City Council with its fmding prior to the expiration of the eight month time period. If you have any questions, please do not hesitate to contact the Planning Office at 786-"" 0400, extension 8738. ~ Sin~ly, _ I'~ Tr~~ard, Chairma':,c,.r Agawam Planning Board cc: Mayor, Solicitor N N • • TOR-2013- AN ORDINANCE TO AMEND CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM TEMPORARY MORATORlUM ON MEDICAL MARlJUANA TREATMENT CENTERS WHEREAS, The Agawam Planning Board voted to act as petitioner for this proposed zoning amendment to create a temporary moratorium on medical marijuana treatment centers; 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 Bylaw, a Medical Marijuana Treatment Center is not a permitted use in the Town and any regulations promulgated by the State Department of Public Health are expected to provide guidance to the Town in regulating medical marijuana, including Medical Marijuana Treatment Centers; and WHEREAS, The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Medical Marijuana Treatment Centers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Medical Marijuana Treatment Centers and other uses related to the regulation of medical marijuana; and WHEREAS, The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws 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 adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers; and NOW THEREFORE THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Add the Following: "Article XVIII: Medical Marijuana Treatment Center" • • §180-l23 (A) DEFINITION "Medical Marijuana Treatment Center" shall mean a "not- for-profit entity, as defmed by Massachusetts law only, registered by the Department of Public Health, 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 qualifying patients or their personal caregivers." (B) TEMPORARY MORATORIUM For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Medical Marijuana Treatment Center. The moratorium shall be in effect for eight months after the date of passage. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of medical marijuana in the Town, consider the Department of Public Health regulations regarding Medical Marijuana Treatment Centers and related uses, and shall consider adopting new Zoning Bylaws to address the impact and operation of Medical Marijuana Treatment Centers and related uses. DATED THIS OF ,2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President APPROVED AS TO FORM AND LEGALITY Vincent Gioscia, Solicitor • • TOR-2013- AN ORDINANCE TO AMEND CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT CENTERS WHEREAS, The Agawam Planning Board voted to act as petitioner for this proposed zoning amendment to create a temporary moratorium on medical marijuana treatment centers; 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 Bylaw, a Medical Marijuana Treatment Center is not a permitted use in the Town and any regulations promulgated by the State Department of Public Health are expected to provide guidance to the Town in regulating medical marijuana, including Medical Marijuana Treatment Centers; and WHEREAS, The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Medical Marijuana Treatment Centers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Medical Marijuana Treatment Centers and other uses related to the regulation of medical marijuana; and WHEREAS, The Town intends to adopt a temporary moratorium on the use ofland and structures in the Town for Medical Marijuana Treatment Centers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws 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 adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers; and NOW THEREFORE THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Add the Following: "Article XVIII: Medical Marijuana Treatment Center" • • §180-123 (A) DEFINITION "Medical Marijuana Treatment Center" shall mean a "not- for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, 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 qualifying patients or their personal caregivers. " (B) TEMPORARY MORATORIUM For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Medical Marijuana Treatment Center. The moratorium shall be in effect through ____________ ---,---. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of medical marijuana in the Town, consider the Department of Public Health regulations regarding Medical Marijuana Treatment Centers and related uses, and shall consider adopting new Zoning Bylaws to address the impact and operation of Medical Marijuana Treatment Centers and related uses. DATED THIS OF ,2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President APPROVED AS TO FORM AND LEGALITY Vincent Gioscia, Solicitor • • DRAFT MEDICAL MARUUANA BYLAW/ORDINANCE (8-14-13) 1. Purposes. 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 may be located in such a way to pose a threat to the health, safety, and general well-being of the public as well as patients seeking treatment. Therefore, specific and separate regulation of Medical Marijuana Treatment CentersiRegistered Marijuana Dispensaries (bereafter~ferred to as an MMTCIRMD) and Off-site Medical Marijuana Dispensary (OMMD) fai:liUles is necessary to ensure that adverse , , ~ effects will not contribute to blight in the surrouo'-UlflU'ighborhood or exacerbate risks to public health and safety associated with other n~by land uses, and that such facilities are not located within close proximity of minors and,;,,~Q not beco-.,·cODcentrated in anyone area within the Town of .. Subject to the provisions of this Zoning B)'hIw.Chap«;r40A of the'_~achusetts General Laws, and lOS CMR 725.000,.MMTC and OMi\.JDWl1lbe permitted tdprovide medical support, security, and PhYSici"}~~:~~ight that IIl~'--or exceed state regulations as establiSbe~'1 comment [11]: TbiI sedioD taken by the Massachusetts Departm".6f~J~h <!oPHII' .. h __ .mhuh.hh.hhhhhuhhhhhhuu/ --- DEFINITIONS ;r;~i~!!';~~~~~~~~~:~' ~n~ot:-Jfor-profit entity registered and approved by with 105 CMR 725.000, and pursuant to all_ to be known as a registered marijuana processes (including development of ~~~;~~:~a['~ro~:~(:,. oils, or ointments), transfers, transports, sells, products containing marijuana, related supplies. or to <JIJ,al1rvlnu patients or their personal caregivers. The cultivation marijuana in accordance with these regulations is considered to be a1ji\illJ.uf"Cltrri~illlse and is not agriculturally exempt from zoning. Off-Site Medical Marij11·".oensary (OMMD)-a Medical Marijuana Facility that is located off-site from the cultivatitlrilprocessing facility and only distributes/dispenses the processed marijuana, related supplies and educational materials to registered Qualifying Patients or their personal caregivers. PERMITTED DISTRICTS Medical Marijuana Treatment CenterlRegistered Marijuana Dispensary: • Industrial Districts - By-Right/Site Plan Approval • • • Ifa community doesn't have an Industrial District (like many small towns) then by Special Permit/Site Plan Approval in Commercial Districts • For really small communities that don't have a Commercial District, create one. Off-Site Medical Marijuana Dispensary: • Industrial Districts -By-Right/Site Plan Approval • Commercial Districts -Special Permit/Site Plan Approval ADDITIONALREQUlREMENT~CONDITIONS I) Use: a) MMTC and OMMD ~cilities may only be invol~ed in the uses permitted by its definition and may not include other businesses or services in the building [on the premises]·l _____________________________ .. -----,f~:.~~~X _________________ ~-I:~-_---------------------------==~J~~~ b) No marijuana shall be smoked, eaten llI'~ij)lllerwise consumed ot;i!lgested within the ~ m """ .... " premises. "i ______________________________________ :':-".,.~;._, .. _ _ _ _ _" _____ " ________ -__ ~._,;_ .. _------"--.--. , .•••• __________ • ____ ._ ~DeIeted....:.--:-f~-i1i-~ty....:...------< c) The hours of operation shall be set by thefll!i;cial Pennit Granting ~ority, but in no event shall an MMTC or OMJVID facility 1i&~ent()*e public, and n<>jIIle or other distribution of marijuana s~~ upon the ~"s or via delivery from the premises, between the hours of 8:00 p.iiI\~_ a.m. '. ~'. Y·. 2) Physical Requirement~; . .... . '. . a) All aspects oft,llf~.lity relat~to the.~ion, ciittivation, possession, processing, ~~~'distrit<~\n, disp~~I.1\:~i.dnii~on of marijuana, products containing ni~.ipna, relatlll supplies,.llducational materials must take place at a fixed location within'~ enc~d building,Bod shall not be visible from the exterior ofthe b );~ftti~~~,I\.~~l~>+~~e:;,,{> ... . c}",iJlllt'Medical ~juana~tment C ..... shall have a gross 1100r area in excess of <li~1!()sguare ~eel;,_,,~~;j. ....... . d) NlY'~f!JMD Facilityt~l haveJliwoss floor area in excess of2,500 square feet. e) Venil~ -all MM1'(:'.Ilnd OMMD facilities shall be ventilated in such a manner that no: -";'«, :'_ 5:·, .. i) pesticid\it;A!1sectici~or other chemicals or products used in the cultivation or processinif.dj'f~'!" d into the outside atmosphere ii) odor from mE4l! ;'"J < cannot be detected by a person with a normal sense of smell at the exterior oftliemedical marijuana business or at any adjoining use or property. /) Signage shall be displayed on the exterior ofthe MMTC 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. 3) Location: ..... j Cammont[I~]:Howb;g.buil<tingdo I _'__ IheyDeed? Comment [14]: Pm DOt sure daM 'We Deed • u.otadu 011 dais aeeia&" DPH wm be distl'ilMdial tIN:m ...... pbieally rather tIuIII wbere the popaIIItion deasides aft. II Spring:fteId and MlddIetIeId. each Id one. than Spriatfleld ill ..... to likely be aeediDa: •..... cultiqtioJl fadity (bea.DH it will be serrin& ..... r dient 1Iue) -- a) No MMTC and OMMD facility shall be located on a parcel which is]lit~inji\leu.'/ j Deleted: 'i hundred ~eetof Rarcel occupied by: . ~ .. ~ ~ ~ ~ ~ . ~ jr.Cam:-==~mont~":[::15::-]:"'Joff~will~' ~","",~~on~""\ _ fedenI standard 2 .. • • i) a public or private elementary, junior high, middle or high school or state licensed day care center ii) another MMTC or OMMD facility, except that this limitation shall not apply in Industrial zones b) An MMTC or OMMD facility shall not be located in buildings that contain any pharmacy, medical doctor offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana. c) No MMTC 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. ",C'.';" d) No MMTC or OMMD facility shall be located~' a building containing residential units, including transient housing such as motell;"'~itories. 4) Reporting Requirements. a) All Special Permit and Site Plan Approval holders for an MMTC or OMMD facility shall provide the Police Department, Fire Departmend, Building CommissionerlInspector and the Special Permit Granting Authority with the names, phone numbers and email addresses of all management staff and key-holders to whom one can provide notice if there are operating problems associated with the establishment. b) The local Building Commissionerllnspecto". Board of J:le~lth, I'0lice])epartment, Fire u Department and Special Permit Granting Authority (in case where a Special permit or Site Plan Approval was granted) shall be notified in writing by an MMTC or OMMD facility owner/operator/ manager: i) a minimum of30 days prior to any change in ownership or management of that facility ii) 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 MMTC or OMMD, ~ -~ Deleted: JZoning Enforcement O:Eficer { Deleted: Each twenty.four-hour period 'I " during which an OWDer or manager does ,: not respond to the city officiaJ shall be " consJdered a separate violation Deleted: A special pennit and Site Pian : .' Approval may be transferred on1y with , , the approval of the Special Permit Granting Au'thority in the form of an , " amendment to the Special Pennit or Site : , Plan Approval with al1 infonnatioo I required in this Section , ' i Deleted: The Board shall require the c)Mi'iitted ~.and·~D facil~all file an annual report to and appear before <".~pecial Perm~antiri~thority nO later than January 31st, providing a copy of all c~ applicable .e lic. for the facility and/or its owners and demonstrate contft"""i£compliance •• the ciltiditions of the Special Permit. , ;' :1 appl1cant to post a bond at the time of , " .' I construction to cover costs for 'the d) The owner or manager is required to respond by phone or email within twenty-four hours of contact by a city official concerning their MMTC or OMMD at the phone number or email address l'rovid~d,to the City as the contact for the business., 5) TransferlDiscontinu:~~iuse a) A Special Permit granted under this Section is non-transferable and shall have a term limited to the duration of the applicant's ownership of the premises as a MMTC or .. OMMD., "._----------b) An MMTC or OMMD facility shall be required to remove all material, plants equipment and other paraphernalia prior to surrendering its state Registration,. APPLICATION REQUIREMENTS 3 : : I removal of a facility in the event the , Town/City must remove the facility. The value of the bond shall be based upon the ability to completely remove all the items. materials, plants equipment and other paraphernalia related to the operation of the facility and properly clean the facility at prevailing wages. The value of the bond shall be developed based upon lhe applicant providing the Planning Board with three (3) written bids to meet the noted requirements. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate ftmds for the town to remove the lower at prevailing wages. Fonnatted: Indent: left: 0.5" T No bullets or numbering • • I) In addition to the standard application requirements for Special Permits and Site Plan Approvals, such applications for an MMTC or OMMO facility shall include the following: a) the name and address of each owner of the MMTC or OMMO facility/operation; b) documentation tbat demonstrates tbat said MMTC or OMMO facility, and it's owner/operators, qualify and are eligible to receive a Certificate of Registration and meet all of the requirements of a Medical Marijuana Treatment CenterlRegistered ~ea:~j~~::tD:;~~:~~~al~~ordance.With.I05.C~R.725.0000fthe Massachusetts ....... r:-:::...::--ment-... .,.t=[:=~:-•• -'!.-........ -_-_-w-:..-':.-.-.,' c) evidence that. the APl'lican~s site control and righJ..lo. use. the site for. a .lVIl\1TC .. or. ftnt ... w .... at .... , ............ , OMMD facility in the form of a deed or in the case. of"iease a notarized statement from \ ..................... .. the property owner and a copy of the lease agree~: ' == ='!':".!:. .... ... d) A notarized statement signed by the MMTC ()r~D organization's Chief Executive _. of Officer and corporate attorney disclosing, a!t'of i~.4wners, shareholders, partners, i _. ' members, managers, directors, officers, O,f~:_" r similarly '-$it ~ted individuals and entities and their addresses, If any of the ab~~ entities rathef.~ persons, the Applicant must disclose the identity of the own •• ;)f such entities until !h«,wsclosure contains the names of individuals; . . . . e) In addition to what is nOrrl1,ally require(f':i&;,a§it!f.t'lan, details ~ing all exterior proposed security measure"4l!!'$;e MMTC ()"~D including lightblg, fencing, gates and alarms, etc. ensuring the-~~~~ employee-~ patrons and to protect the premises from theft or other criminal ac'ti~pr:'" ::::::;~;,~_~:_ '~~:':-~,,_ f) a traffic study to establish the ~C ()f~ impqat peak demand times, FINDINGS I) In addition to t~I~~d a.~~Hal Permiter Site Plan Approval the Special 19 m~~~;~~~t;: following: c) e . .J\ilVll'C·.i)jtc.C~~ to minimize any adverse visual or in interest,.; __ D~:~~!~:~~~h:::~::"~ that it will meet all the permitting ~i~:~~;7~~~t~~~~~'~ the Commonwealth of Massachusetts and state laws and regulations; and conditions and requirements of this Section and Bylaw/Ordinance; d) "H.n'¢ .. ,)r C~=~~ ~:~i~ meets a demonstrated need e) that the '" ( facility provides adequate security measures to ensure that no individual will pose a direct threat to the health or safety of other individuals, and storage and/or location of cultivation is adequately secured, f) That the MMTC 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. 4 -" i Deleted: , as defined in G.L. c. 40A, ill I.-~--. ' , :AillherstreVIe*S -,\! \ ,<'0' ipotdispensary la~; Up to five nonprofit dispensaries will be allowed in i each county. with the Pioneer Valley Pl~ Commission and representat1y~~ frOIn other Western MassachusettS communities 'to review ongoing ¥I- terpretations of the state regulatipns and develop model bylaw Ianguag_~.~ By DIANE LEDERMAN According to the proposed byI~w, dlederman@repub.com the town recognizes "that the nati/til I AMHERST -Planning officials are of the substance cultivated, pro'- , in the process of crafting a marijuana cessed, and/or sold by medical mali- i dispensary zoning bylaw to control juan~ treatm~nt centers and. off-~ll\> " ch bli h b I medIcal man]uana dlspensanes!ll!i\¥ :~e su esta s ments can e 0-have objectionable operational ~_ acteristics and may be locateil;in The state is accepting applications such a way to pose a threat to:~he fOLdispensaries in the first phase of 'lL -, biddjpg. The first dispensary is ex-health, safety, and general\Ve"i"~*, pectedtoopensometimenextyear. ing of the public as well as patiems I Up to 35 nonprofit dispensaries seeking treatment. .. " ,:;,',, will be allowed across the state, with "Therefore, specific and separate I, alleast one,but no more than five, in regulation of Medical MarijuaiW. ! each county. Treatment Centers (MMTCs):'and , The Chicopee City Council voted Off-site Medical Marijuana DispfWr in June to restrict medical marijuana sary (OMMD) facilities is neces,§,/ffi' dispensaries to a small section of the to ensure that adverse effects wilJilJ.Pt I city's industrial park. Palmer offi-contribute to blight in thesurrOJi/1a:- : cials approved a temporary morato' ing neighborhood or exacerll~~ I: rium on marijuana facilities to give risks to public health and safelN~ officials more time to study tbe issue. sociated with other nearby land ~, Other communities. 'including and that such facilities are not lOi:~v Springfield, Agawam and West ed within close proxtmity of mii0.l'l' , Springfield, are considering morillo-and do not become concentr~~,jp riums as well. anyone area within the TownmcAm-' In an email, Amherst's'planning herst." " IT,D;; director, Jonathan Tucker, said his The proposal includes numeI9* office has received "generalinquires, regulations andprobibitions, inQlud- :but noproposaIs." ing where such a facility couic;l,,\)@ I The staff will be "keeping the Plan-sited. It also requires detalls showing ning Board aware of progress on this proposed security measures "inCi!ll'" issue," he 'said. "Knowing that this 'ing lighting, fencing, gates': M<iI was coming, and wanting tbe, com-alarms; ete., ensuring the safety!1l!I' I m)lnity to be able to control any pro. employees and patrons and tOTRroi- : posed dispensary through the pennit tectthe premises from t!left or rilhllr process, the bqard put the amend-crimimilactivity." ;'c oj ment on the list of zoning articles to The state is requiring that prosp,ec- consider for this coming fall special live' marijuana dispensaries pa.YlJ<li Town Meeting." $1,500 fee for a first-phase appljcti\- The bylaw is on the zoning sub-tion, and $30,000 for a second phase :committee's working list for its application. Both are nonrefundable, Wednesday meeting to be held at 5 Dispensaries that are selected:WiJ] p.m. 10 Town Hall. be required to pay a $50,000 anhu>rl As part of the process to create a registration fee. There will a1so!Iie ,a bylaw, Tucker reported that bis staff $500 annual registration fee for eaa has since February been meeting dispensary employee. -i:, ,;~ • Town of Concord Office of the Town Oerk 22 Monument Square P.O. Box 535 • Concord, Massachusetts 01742-0535 ANNUAL TOWN MEETING Apri122, 23 and 24, 2013 ( Subject tv apprOOlll of the Mtorney General ZONING.BYLAW AMENDMENT MEDICAL MARIJUANA 'TREATMENT CENTER AItTICLE 39. Upon a MOTION made by Coleman Hoyt and duly seconded, the fonowingwas VOTED BY A DECLARED TWO-THIRDS MAJORITY: To amend the ZooingBylawas follows: Add a new use ofMedicalMarijuaoa Treatment Center to Section 4.3 Institutiooal Uses as follows: 4.3.9 MN/i&aI ~ TfrtlIIII8IIt c-.r. A non-profit filcility 0[ location mat has been registered by the Department of Public Health where medical marijuana is grown. processedand/ or made llVlIiliible to a qualifjiag patient or a personal caregiver, provided mat . 4.3.9.1 A medical·marijuana treatment center shall not be located within tmee thousand feet (3,000') of an elementary school, middle school, high school, 0[ public Iibmy in exisreoce. at die time of enactment of the zoning by1aw Wenclment establishing this use. And, amend Table I -Principal Use Regulations in Section 4 to add the use "4.3.9 Medical Marijuana Tt:eatment Center" as an. allowed use in only the Medical-Professional District (designated by the wrn:d "yes" in Table I under the MP district) with Site Plan Approv:d required (desitnated wilh a capital R in. the last column of Table 1) and not allowed in any other Disttict (des~ted by the wrn:d "no" in Table I under all other districts) as shown in the portion of Table I below as fu1lows . . Declared Two-Thirds Majority Vote April 23, 2013 A True Copy ~s't: ~,J.~i- Anita S. Tekle TownOerk Message • • Page 1 of3 Deborah Dachos From: Sent: massplanners-bounces@cs.umb.edu on behalf ofTony Fields [afields@town.billerica.ma.us] Monday, May 20, 2013 3:12 PM To: massplanners@cs.umb.edu Subject: [Massplanners] FW: Medical Marijuana Bylaws Attachments: A n00001.txt Do not forget that agriculture on 2 acres is also exempt if it makes a profit of $1 ,000 per acre. Somehow I think marijuana will meet this value threshold, but I think the final answer about the cultivation aspect being exempt under the 2 acre and 5 acre 'provisions of 40A Section 3 will be determined through litigation. My current opinion is that indoor growing of marijuana can be conducted in a manner that meets the statutory definition of agriculture in Chapter 128, and therefore subject to the exemption. Hence my recommendation that general bylaws and board of health regulations are also needed for those communities that want to regulate dispensaries. However, the security provisions in the DPH regulations (105 CMR 725) will likely prevent most, if not all, farm stands from qualifying to sell any products without substantial upgrades, perhaps evoking the earlier "prison" reference. Tony. D. Anthony Fields, AICP Director of Planning Town of Billerica 365 Boston Road Billerica, MA 01821 978-671-0962 afields@town.billerica.ma.us -----Original Message----- From: Judy Markland [mailto:jmarkland@lmstrategies.oom] Sent: Monday, May 20, 2013 2:40 PM To: Tony Fields Cc: <massplanners@cs.umb.edu> Subject: Re: [Massplanners] Medical Marijuana Bylaws One question which I haven't seen addressed is whether a site which both grows and sells and is located on a site of 5 acres or more would qualifY as a farm and farm stand under the agricultural exemption to local zoning restrictions. Out here in the Conn River Valley, a 5-acre site is very easily come by, and many of our communities have extensive areas zoned for agriculture. Many of our farmers do a lot of their growing indoors in greenhouses and other lighted facilities, as well. The farms are interwoven into residential areas, but the lights and security features required for the marijuana dispensaries would not be appropriate there. I haven't seen anything that would preclude a facility from claiming the agricultural exemption. Judy Markland Whately Planning Board Sent from my iPad On May 20, 2013, at 11 :33 AM, "Tony Fields" <afields@town.billerica.ma.us> wrote: Not everyone objects to having an MMJ facility on "main street", but some do, and the 8113/2013 Message 8/13/2013 • • Page 2 of3 objectors are more likely to be serving on local boards. I think a majority of communities have or are adopting moratoria, but there are a few communities that easily identified "where" facilities would be acceptable and typically allow them by special permit. It is likely easier if you have a small industrial zone or medical zone. Communities like Billerica and Burlington have extensive areas zoned industrial, so allowing them by special permit in an industrial district is not the solution here without other bylaws and regulations to supplement the zoning. Overlay districts will likely be popular to narrow down the extent of available geography to address the popular concerns of visibility or proximity to children and teenagers, or security measures creating an unappealing fortress in a town center. As we continue to digest the state regulations, there are additional local concerns about "how" facilities will operate, most of which I envision being general bylaws rather than zoning bylaws. Therefore a moratorium seemed to be appropriate to buy more time for those of us who are control freaks trying to draft comprehensive sets of bylaws and regulations to address licensing, financial, operational and other factors in addition to "where", but also giving due consideration to the need of qualifying patients to actually obtain MMJ. Dan refered to food based products. Chefs have taken marijuana way beyond brownies. There are at least 75 food based products readily available, for those patients who prefer not to smoke, ranging from small throat lozenges to pasta sauce to soft drinks. I imagine a 60 day supply of MMJ in soda cans is easily 10 or 12 cases, if not more, so how do you carry that to your car, how long does that take to load in your trunk, and then unload when you get home, each stage needing to be done somewhat securely? Multiply the foodstuffs times the number of patients per dispensary, and you might be talking about a good sized warehouse rather than a tiny retail storefront. Maybe not as big as Costco but since I have no idea how many patients there will be, and 35 dispensaries might be too few for the density of the population, maybe some of these will be very large. Fodder for my presentation at the MAPD conference which may generate more questions than answers. If we keep postponing the ability of the industry to begin operating commercially here in the Commonwealth, at least the guidebooks for home growing MMJ are already on the bookshelves at your nearby Barnes & Noble. Tony. D. Anthony Fields, AICP Director of Planning Town of Billerica 365 Boston Road Billerica, MA 01821 978.{371-0962 afields@town.billerica.ma.us -----Original Message----- From: massplanners-bounces@cs.umb.edu [mailto:massplanners-bounces@cs.umb.edu] On Behalf Of Dan Fortier Sent: Friday, May 17, 2013 10:50 PM To: medfield.planner@gmail.com; mrasmussen@concordma.goy Cc: massplanners@cs.umb.edu Subject: Re: [Massplanners] Medical Marijuana Bylaws Here's our take on why we adopted what we did. I called several Colorado communities to discuss issues and lessons learned. Adequate security was a common theme. I heard over and over this is not like a CVS. Customers are not leaving with little white pharmacy bags, rather they are seeing 50% or more buying food based product. This means shopping carts. This clearly would not work in a strip mall environment. We wanted to provide both for the security of the customer and the site. We also wanted to protect the privacy of the customer. This lead us to want a site that would provide for a stand alone Message • • Page 3 of3 facility that can be fenced in. We have already been accused ofbtrying to create a "prison" setting by one person. But two other possible applicants have supported the security measures we have determined are necessary. In fact, one stated they set up a security camera that watches the street for loiterers, and have asked town officials in CA where they were involved with a site to mark the street as a no parking zone. Daniel J. Fortier, AICP, Town Planner Town of Dennis, MA Confidentiality Note: The email is intended only for the person (s) or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this email or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this email in error, please notify the sender and destroy the original message and all copies. 8/13/2013 Message • • Page 2 of4 • Here's our take on why we adopted what we did. I called several Colorado communities to discuss issues and lessons learned. Adequate security was a common theme. I heard over and over this is not like a CVS. Customers are not leaving with little white pharmacy bags, rather they are seeing 50% or more buying food based product. This means shopping carts. This clearly would not work in a strip mall environment. We wanted to provide both for the security of the customer and the site. We also wanted to protect the privacy of the customer. This lead us to want a site that would provide for a stand alone facility that can be fenced in. We have already been accused ofbtrying to create a "prison" setting by one person. But two other possible applicants have supported the security measures we have determined are necessary. In fact, one stated they set up a security camera that watches the street for loiterers, and have asked town officials in CA where they were involved with a site to mark the street as a no parking zone. Daniel 1. Fortier, AICP, Town Planner Town of Dennis, MA Sent from my Samsung tablet Sarah Raposa <medfield.planner@gmail.com> wrote: I was curious how many communities proposed bylaws versus moratoriums myself. Most of the abutting towns proposed moratoriums. Here is Medfield's simple use table amendment to allow facilities in the Industrial-Extensive zone via special permit. We discussed it several times at PB & BoS meetings with no comments. No one showed up to the public hearing. Not even a question at town meeting where it passed unanimously. Sarah Raposa Medfield Town Planner To amend the Zoning Bylaw for the purpose of regulating the locations of medicinal marijuana facilities to create a new section "S.4.4.IO.a" after section 5.4.4.10 so that it reads as follows: Use A R-E R-T R-S R-U Ii B-1 5.4.4.IO.a Medical marl juana NO NO NO NO NO NO NO treatment center (as defined byMGL) 8113/2013 I-E SP Message • • Page 3 of4 On Fri, May 17,2013 at 8:47 AM, Marcia Rasmussen <mrasmussen@concordma.gov> wrote: Patrice, , At the annual Town Meeting in April, the Town of Concord adopted a Medical Marijuana bylaw that identifies a distinct zoning district (Medical-Professional) and allows the use by special permit.The link to all of the bylaw amendments adopted at this year's Town Meeting is here: http://www.concordma.gov/Pages/ConcordMA BOA/zone/Insert Pages for Zoning% 20Bylaw 2013.pdf. The Medical Marijuana bylaw is #39 . • The Planning Board prepared the language prior to the issuance of the draft Mass. DPH regulations , because the draft zoning language was due January 2nd and the draft DPH regulations were not available until April. The Board members supported this approach rather than the moratorium approach because of the language approved by the voters last November that allowed an individual who did not have access to a treatment center to [seek permission to] grow their own. I think you need to consider your community in deciding what approach to take -Concord voters overwhelmingly voted in the affirmative for the legalization of medical marijuana last November. I know the zoning bylaw language is not perfect and that the Board may need to further amend the bylaw next year, but it addresses the immediate concerns. Marcia Marda Rasmussen, ASLA Director of Planning & Land Management Town of C<Jnrord 141 Keyes Road -C<Jncord, MA 01742 phone: (9781 318-3290 fax: (9781318-3291 Please be advised that the Massachusetts Secretary of State considers e~mail to be a public record, and therefore subject to the Massachusetts Public Records Law, MGL C. 66, § 10. From: massplanners-bounces@cs.umb.edu [mailto:massplanners-bounces@cs.umb.edu] On Behalf Of Patrice Carson Sent: Thursday, May 16, 2013 10:56 AM To: Massplanners Listserve Subject: [Massplanners] Medical Marijuana Bylaws R1B12013 Message • • Page 4 of4 Good morning all, When we last discussed ths topic several towns had either drafted or were drafting bylaws. I am wondering if thoses towns who have drafted something would be willing to share it. If yes, could you please forward the draft or a link to it? Much appreciated. Patrice L. Carson, AICP Consulting Town Planner Town of Wellfleet MassPlanners mailing list MassPlanners@es.umb.edu http://mailman.es. umb.edulmailmanllistinfo/massplanners Confidentiality Note: The email is intended only for the person (s) or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination! distribution or copying of this email or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this email in error, please notify the sender and destroy the original message and all copies. 8113/2013