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HomeMy WebLinkAbout2013-04-16 Planning Board Supplemental Materials (85)Article _XX_____. Amend North Andover Zoning Bylaw – Section 8.12 Interim Regulations Medical Marijuana Treatment Facilities. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, by adding Section 8.12 Medical Marijuana Treatment Center in order to allow time to make the appropriate amendments to the Zoning Bylaw to allow the use of Medical Marijuana Treatment Center. 8.12.1.Purpose: Provide restrictions that will allow the Town adequate time to undertake a planning process to address the potential impacts of Medical Marijuana Treatment Facilities, to consider the Department of Public Health regulations regarding such Treatment Centers and related uses, to address the potential impacts of such Treatment Centers on the town of North Andover and to adopt new zoning regulations regarding medical Marijuana Treatment Facilities and related uses. 8.12.2.Definition: As Medical Marijuana Treatment Center shall mean any medical marijuana treatments center as defined under state law as a Massachusetts not-for-profit entity that acquires, cultivates, possesses, processes (including development of related products such as food, tincture, aerosols, oils or ointments), transfer, transports, sells, distributes dispense or administer marijuana, products containing marijuana related supplies or educational materials to qualifying patients or their personal caregivers, which is properly licensed and registered by the Massachusetts Department of Public Health pursuant to all applicable state laws and regulations 8.13.2.Exclusion of other Marijuana Uses: Any establishments that acquires, cultivates, possesses, processes (including development of related products such as food, tincture, aerosols, oils or ointments), transfer, transports, sells, distributes dispense or administer marijuana, products containing marijuana related supplies or educational materials to qualifying patients or their personal caregivers shall not be permitted if such establishment has not been properly register and licensed in accordance with applicable state and local laws and regulations, or is not operated as a not-for-profit entity, or otherwise fails to meet the definition of a Medical Marijuana Treatment Center. 8.13.4.Interim Restriction: Medical Marijuana Treatment Centers shall not be permitted in any zoning district in the Town of North Andover so long as this Section 8.12 is effective, as set forth in Section 8.13.5 below. Use variances shall be strictly prohibited. 8.13.5.Expiration: This section shall be effective for a period of (12) twelve months beginning June 1, 2014, so that the Town of North Andover can enact superseding zoning regulations that set forth the allowed locations, dimensional, parking and other requirements applicable to medical marijuana uses.