HomeMy WebLinkAbout2013-01-15 Planning Board Supplemental Materials
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover, Massachusetts, 01845
TO: Planning Board
Date: January 15, 2013
RE: Medical Marijuana
CC: Curt Bellavance
Andrew Maylor
On November 6, 2012, Massachusetts voters approved a ballot question allowing Medical
Marijuana Dispensaries to operate in the state. As a result of this legislation, the Department of
Health is required to establish rules, regulations and guidelines for the operation of dispensaries
by May 1, 2013.
In the interim, several towns have proceeded to take action before the regulations have been
established. The Town of Reading and the City of Melrose have both drafted language to
prohibit the establishment of Medical Marijuana Dispensaries in their communities. The City of
Cambridge is proposing an ‘interim’ bylaw that will prohibit the Dispensaries until the
Department of Health comes forth with the regulations.
The Town of North Andover has several options at this time:
Take no action: The Department of Health has provided an FAQ guidance document that
specifically states that a dispensary cannot apply for a license until the regulations are
finalized. I think most communities will wait for the regulations before taking action.
Interim Zoning: The town can follow the lead of the City of Cambridge and propose
interim zoning that would prohibit the establishment of dispensaries until the state comes
forward with its regulations.
New Zoning: The town can also decide to propose zoning that would either prohibit the
establishment of dispensaries entirely, or it can propose zoning that would allow
dispensaries within a specified zoning district. Another option is the establishment of a
separate overlay district, similar to the existing “Adult Entertainment District”.
There is additional information within the two attached documents:
An FAQ document provided by the State Department of Health.
A memo from the Merrimack Valley Planning Commission.
Judy Tymon, AICP
Town Planner