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B. NEW BUSINESS (First Reading) (Refer to Planning Board)
BARNSTABLE TOWN COUNCIL
ITEM# 2025-062
INTRO: 12/12/2024
2025-062 ORDER PURSUANT TO M.G.L. CHAPTER 40A, SECTION 5 SUBMITTING TO
THE PLANNING BOARD A PROPOSED ZONING AMENDMENT
ESTABLISHING A NEW “CANNABIS OVERLAY DISTRICT” AND
EXPANDING THE EXISTING MEDICAL MARIJUANA OVERLAY DISTRICT
ORDERED: That the attached six-page proposal to amend the Town’s Zoning Ordinance to establish a
“Cannabis Overlay District” and to expand the existing Medical Marijuana Overlay District submitted to
the Town Council on December 2, 2024 by 10 registered voters is hereby submitted to the Planning
Board for review pursuant to the provisions of M.G.L. Chapter 40A, Section 5.
SPONSOR: Mark S. Ells, Town Manager, upon the petition of ten (10) registered voters
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BARNSTABLE TOWN COUNCIL
ITEM# 2025-062
INTRO: 12/12/2024
SUMMARY
TO: Town Council
FROM: Mark S. Ells, Town Manager
THROUGH: Kate Connolly, Assistant Town Attorney
DATE: December 12, 2024
SUBJECT: Order pursuant to M.G.L. Chapter 40A, Section 5 submitting to the Planning Board a
proposed zoning amendment establishing a new “Cannabis Overlay District” and
expanding the existing Medical Marijuana Overlay District
BACKGROUND: Section 5 of M.G.L. c. 40A, the state Zoning Act, provides that “[a]doption or
change of zoning ordinances or by-laws may be initiated by the submission to the city council … of a
proposed zoning ordinance … by ten registered voters in a city ... .” Secti on 5 further provides that the
City Council “shall within fourteen days of receipt of such zoning ordinance amendment … submit it to
the planning board for review.”
On December 2, 2024, a resident of the Town submitted a proposed amendment to the Town’s zoning
ordinance addressed to the Town Council, along with the signatures of at least ten registered voters of
the Town. On December 2, 2024, the Town Clerk certified that the petition was signed by ten certified
registered voters of the Town. In accordance with G.L. c. 40A, section 5, the proposed amendment has
been placed on this meeting’s agenda for referral to the Planning Board.
FISCAL IMPACT: Undetermined at this time
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