HomeMy WebLinkAbout2013-01-15 Planning Board Supplemental Materials (31)
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