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HomeMy WebLinkAbout2017-01-09 Board of Selectmen PacketTown of Reading Prohibition of Marijuana Establishments To see if the Town will vote to amend the Zoning Bylaw by: (a) Inserting into Section 2.0, in appropriate alphabetical order, the following: Marijuana Establishment: A marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer, or any other type of marijuana- related business, subject to regulation under Chapter 94G of the Massachusetts General Laws; provided, however, that a Registered Medical Marijuana Dispensary shall not be deemed to be a Marijuana Establishment. (b) Inserting into the Table of Uses for Business and Industrial Districts, set forth in Section 5.3.1, after the entries for "Convenience Store," the following: (c) Inserting into the Table of Uses for Residence Districts, set forth in Section 5.3.2, after the entries for "Roadside Stand," the following: and (d) Striking Section 5.6.5.2 in its entirety and inserting, in place thereof, the following: 5.6.5.2 Applicability No Registered Medical Marijuana Dispensary shall be established except in compliance with the provisions of Section 5.6.5. or take any other action in relation thereto. Town of Reading Moratorium on Marijuana Establishments To see if the Town will vote to amend the Zoning Bylaw by: (a) Striking Section 5.6.5.2 in its entirety and inserting, in place thereof, the following: 5.6.5.2 Applicability No Registered Medical Marijuana Dispensary shall be established except in compliance with the provisions of Section 5.6.5. (b) Inserting a new Section 5.6.6 as follows: 5.6.6 Temporary Moratorium on Marijuana Establishments. 5.6.6.1 Purpose. By vote at the State election on November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation, manufacture, processing, distribution, sale, possession, testing and use of marijuana. The law provides that it is effective on December 15, 2016, and that a new state agency, the Cannabis Control Commission (CCC), is required to issue regulations regarding implementation by September 15, 2017. Section 5.6.5 of the Zoning Bylaw allows Registered Medical Marijuana Dispensaries by Special Permit. The regulation of other types of Marijuana Establishments, however, raises novel and complex legal, planning, and public safety issues. The Town needs time to consider and address these issues, as well as the potential impact of the forthcoming Cannabis Control Commission regulations, by means of a comprehensive planning process to consider amending the Zoning Bylaw to regulate Marijuana Establishments. The temporary moratorium provided in Section 5.6.6 is intended to allow sufficient time for the Town to engage in such a planning process and to adopt suitable Zoning Bylaw provisions in a manner consistent with sound land -use planning objectives. 5.6.6.2 Definition. As used in Section 5.6.6, the term "Marijuana Establishment" shall mean a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer, or any other type of marijuana - related business, subject to regulation under Chapter 94G of the Massachusetts General Laws; provided, however, that a Registered Medical Marijuana Dispensary shall not be deemed to be a Marijuana Establishment. 5.6.6.3 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 as a Marijuana Establishment. The moratorium shall be in effect through August 31, 2018. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of Marijuana Establishments and other related land uses and structures, consider the Cannabis Control Commission regulations regarding Marijuana Establishments when they are issued, and shall consider adopting new provisions of the Zoning Bylaw governing the location, operation and effects of Marijuana Establishments for consideration by the 2018 Annual Town Meeting. and (c)- Renumbering subsequent provisions of Section 5.6 accordingly; or take any other action in relation thereto. Recreational Marijuana Legalized — Now What? On November 8, 2016, Massachusetts's voters approved a citizen's petition to legalize the recreational use of marijuana by a margin of 7.2 %. The law will allow individuals 21 years or older, to use, possess, and cultivate, marijuana in established amounts commencing on December 15, 2016. In addition, starting on October 1, 2017, the Cannabis Control Commission ( "CCC "), a newly established state agency, must begin accepting applications from commercial marijuana businesses, including cultivators, testing facilities, product manufacturers, and retailers ( "marijuana establishments "). The CCC must act on all applications within 90 days of receipt. Therefore, the first marijuana establishment will be authorized to open its doors no later than January 2, 2018. Although the CCC will be in charge of all licensing, the statute appears to leave a significant role for municipalities in the regulation of marijuana establishments. Accordingly, we have outlined some of the ways that communities may attempt to regulate marijuana establishments. This list is not intended to be exhaustive, however, and communities with questions should contact their counsel. Temporary Moratorium As with medical marijuana, communities May elect to place ate nporary moratorium oh'all marijuana establishments within the municipality: The CCC is anew state agency and is required1o, promulgate regulations by September 15, 2017. These regulations will be essential for municipalities to understand the marijuana establishment licensure program. The new regulations applicable to marijuana. establishments will raise novel and complex legal, planning, and public safety issues. Communities may need time to consider and address these issues, as- welUas the impacts of.the CCC's regulations. It is therefore likely that the Attorney General will approve a moratorium for, zoning bylaws, as she did with medical marijuana, moratoria in'.the past. The Attorney General-will answer that question shortly upon her review.of the,moratorium that the.Ashland Town MeetingTecently approved. Limits on the Number of Licenses /Prohibition on Licenses There are,no restrictions on the-numb I er of licenses the CCC,may issue;in any one community. That said, municipalities may adopt' ordinances:and bylaws that limit the number, of "marijuana establishments in the city ortown." M.G.L. c.94G, §3(a)(2). In certain situations, limiting the number of licenses to -below an established threshold would require the municipality to adopt the ordinance or bylaw `'by a vote of the voters" of the city or town. Such a vote would-be required in the following instances:. (1) The ordinance or bylaw prohibits the operation of one or more types of marijuana establishments within the city or town; (2) The ordinance or bylaw limits the number of marijuana retailers to fewer than 20 percent of the number of package store licenses issued within the city or town; and (3) The ordinance or bylaw limits the number of any type of establishment to fewer than the number of medical marijuana treatment centers registered to engage in the same type of activity in the city or town. As noted, a "marijuana establishment" is defined as a "marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana - related business." M.G.L. c.94G, §10). In the absence of a regulation providing clarification, it is likely that these are the "types" of establishments that may be prohibited through a "vote of the voters." Health and Safety Regulations Under the law, municipalities may also adopt ordinances and bylaws; that impose "reasonable safeguards on the operation of.marijuana establishments, provided they are not unreasonably, impracticable and are not in conflict with this chapter or with regulations made pursuant to this chapter." M.G.L. c.94G, §3(a) (emphasis added). An ordinance or bylaw containing such safeguards will be considered "unreasonably impracticable" if "measures necessary to comply [would] subject licensees to unreasonable risk or require such a high investment of:risk, money, .time. or any other resource, or asset that a reasonably prudent businessperson would not operate a marijuana establishment. -ld. at §1(p). Of course, it will be tricky to adopt ordinances -or bylawsthat. are. not in conflict with regulations that have not.yet been issued. So, for now, communities should probably consider limiting their safeguards to those that are specifically authorized in the new law: (1) ordinances and bylaws that restrict;cultivation;„ processing and manufacturing practices that constitute a public nuisance; (2) ordinances and bylaws that establish reasonable restrictions onpublic:signs related,to marijuana; estabiis(aments, and (3) grdinances and Oylaws.that establish-a civil-penalty .for violations: M,G.L..c.94G,,§,3(a).(3)r,(A). Zoning Bylaws MunicipalhieI . .y- adopt;zoning:ord nances:and bylaws limiting the location�of. marijuanafestablishments, "except:that zoning ordinances! [or bylaws }shall; not prohibit: placing marijuana:establishlment.wltich cu]tivates, manufactures, or, sells,: marijuana?ortmadjuana products in- anyparea in whieh,a�medical marijuana treatment center is registered to,/ engage<ih IhO same type, of ,'activity: " >M.'G.L: c 94G, §3(a)(`!):. Local Tax M.G.L. c.64N.x §3. allows for,collect#on,of a.local selles tax „at.- a,r9te of not g,fpeter #ham. ,percent of th_e total sales price, upon the sale*,or transfer` of marijuana or marij uana products by a marijuana re #oiler operating u it.-in the nitiiiicio. idity to an}ron� btherthan a irtarijtrana !eafablishment6icluding medical marijuana sores: Lifted from Miyares & Harrington 6-Newsletter Holiday 2016 5.3.1 Table of Uses for Residence Districts ACCESSORY USES RES RES RES PRD -G PUD -R Within Existing Accessory Building - 5 -15 A -40 A -80 PRD -M Special Permit area of existing structure S -20 S -40 Detached Accessory Apartment Associated SPA No No No No with New Construction of a Single family SPP* Dwelling Attached Accessory Apartment Contained SPA No No No No Within New Construction of a Single family Dwelling [ *SPP = Special Permit from the Community Planning & Development Commission] 5.4.7 Accessory Apartments 5.4.7.1 Purpose Accessory Apartments, subject to the terms and limitations set forth herein, offer a means of increasing housing options without causing adverse effects on community character and municipal services. This section is intended to promote the purposes of the Zoning Bylaw, as set forth in Section 1.0, by providing for the establishment of Accessory Apartments in appropriate places and conditions. 5.4.7.2 Restrictions Accessory Apartments may be allowed in the S -15, S -20 or S -40 Districts, or in a Single Family Dwelling in the Bus -A or Bus -B Zoning Districts as shown in the Table set forth in Section 5.43 and subject to the applicable performance standards set forth below. TYPE OF ACCESSORY APARTMENT Requirement Within Principal dwelling - No addition By Right to gross floor area Within Existing Accessory Building - Special Permit No addition to gross floor area required New structure or addition to gross floor Special Permit area of existing structure required Off - stre et parki ng /d rive way Principal acnea/ Accessory Apartment (detached) Add image showing that they are not allowed in the front yard (defined as: between any facade of principal single family dwelling and any right -of -way) 5.4.7.3 Performance Standards The following performance standards shall apply to all Accessory Apartments. The SPGA may grant a waiver from the stated requirements set forth in sections a through j inclusive below where necessary to install features that facilitate access and mobility for disabled persons; however, in no case shall the SPGA waive or allow modifications to requirement k below. a Only one (1) Accessory Apartment per lot may be created. The Accessory Apartment shall be a complete, separate housekeeping unit containing both kitchen and bath. Prior to issuance of any special permit required for an Accessory Apartment, a plan must be submitted showing the proposed interior and exterior changes to the Principal Residence. b An Accessory Apartment shall have a gross floor area not to exceed the lesser of 1,000 square feet or one -third of the gross floor area of the Principal Single Family Dwelling on the lot, exclusive of any garage, unfinished basement, shed or other accessory structure thereon. (this language adopted at Nov 2016 STM) c At least one (1) of the owners of a lot containing both a Principal Single Family Dwelling and an Accessory Apartment shall reside in either the Accessory Apartment or the Principal Dwelling. d The Accessory Apartment and any modifications to the Principal Single Family Dwelling on the lot shall be designed so that the appearance of the Principal Dwelling remains that of a Single Family Dwelling. Any new entry to an Accessory Apartment shall be located on the side or in the rear of the Principal Dwelling. e All stairways to the primary entrance to an Accessory Apartment located on a second or third story of a Principal Single Family Dwelling shall be enclosed within the exterior walls of the Principal Dwelling, unless otherwise required by applicable provisions of the State Building Code. f Where two (2) or more entrances already exist on the front fagade of a Principal Single Family Dwelling, modifications made to such entrances in order to accommodate an Accessory Apartment shall result in one (1) entrance appearing to be the principal entrance and other entrances appearing to be secondary. g All motor vehicles owned or maintained by occupants of an Accessory Apartment shall be parked off the street in a designated driveway area or garage. The location and appearance of such driveway area shall not adversely affect adjoining properties or the single - family character of the neighborhood in general. Only one access driveway shall be permitted on a lot containing an Accessory Apartment unless the Board of Selectmen has authorized an additional access driveway. Any additional approved driveway space may not result in cars parking in a front yard. h Both the Principal Single Family Dwelling and the Accessory Apartment shall be connected to the public water and sanitary sewer systems. i An Accessory Apartment may not be occupied by more than three (3) people nor have more than two bedrooms. j_Any application for a Special Permit for an Accessory Apartment to be located in a carriage house - stable -barn or other detached structure built prior to 1910 or included in the Historical and Architectural Inventory of Reading, shall include a report from the Reading Historical Commission as to any exterior features of —the structure that it recommends be preserved or restored and any proposed exterior alterations that it recommends be allowed. For structures built prior to 1910, the existing footprint may not increase more than ten percent (10 %). k A Detached Accessory Apartment may not be located in a front yard (the area between any fagade of the Principal Single Family Dwelling and any right -of -way), unless it is created through the conversion of an accessory structure located within said front yard that was constructed or permitted prior to 2017 Such conversion of an accessory structure for use as an Accessory Apartment within the front yard may not involve the addition of gross floor area to the structure. Upon issuing a Special Permit, the SPGA must find that the exterior appearance of the Accesso[y Apartment, and any accessory structure modified to accommodate a Detached Accessory Apartment, maintains the essential character of the neighborhood and is compatible with the Principal Single - Family Dwelling on the same lot and with other dwellings on adjoining lots. 3L disabled perse►s 5.4.7.4 Process Any Special Permit issued for an Accessory Apartment shall be limited to the original applicant but may be transferred with ownership upon a determination of the Building Inspector that all requirements of the Zoning Bylaw applicable to an Accessory Apartment are satisfied. If the terms and /or conditions of any Special Permit for an Accessory Apartment are not satisfied within one (1) year of its issuance, the Special Permit shall be null and void.