8718_ZONING AMENDMENT - MORATORIUM ON MEDICAL MARIJUANA FACILITIES.pdf~7\~-
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·'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 .{,
~
,~
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~
...,._~ .~ .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
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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
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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
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