HomeMy WebLinkAboutSR - 2022-159 Medical Marijuana OD1
Town of Barnstable
Planning and Development Department
Staff Report
Citizen Petition Article
Medical Marijuana Overlay District Amendment
Town Council Item No. 2022-159
Date: June 10, 2022
To: Planning Board Members
From: Elizabeth Jenkins, AICP, Director of Planning and Development
Kate Maldonado, Assistant Director of Planning and Development
Jim Kupfer, AICP, Senior Planner
A citizen’s petition to amend the Town of Barnstable Zoning, Chapter 240-30, Medical Marijuana Overlay
District, has been submitted to the Town of Barnstable Town Council and subsequently forwarded to the
Planning Board. The Planning Board must forward an advisory report with recommendations on the
proposed citizen’s petition back to the Town Council within 21 days after close of the Board’s hearing.
Specifically before the Planning Board is a proposed amendment by citizen’s petition that seeks to delete
§240-30(E)4 in its entirety and replace with amended separation requirements. The Petition in its entirety
is attached.
This proposed citizen’s petition would establish the following:
That any proposed registered marijuana dispensary (RMD)* or any medical Marijuana use shall,
“not abut a religious institution/place of religious assembly, and is located at least 500 feet from any school,
day-care center, preschool, or afterschool facility or any facility in which children commonly congregate. In
no case shall a RMD directly abut another RMD or any medical marijuana use.”
The existing Barnstable Zoning Ordinance, §240-30(E)4 states:
“Separation requirements. The site is located at least 1,000 feet distant from a religious
institution/place of religious assembly, school, day-care center, preschool or afterschool facility or any
facility in which children commonly congregate, or if not located at such a distance, it is determined by the
Zoning Board of Appeals to be sufficiently buffered from such facilities such that its users will not be
adversely impacted by the operation of the registered marijuana dispensary, but in no case shall the
distance be less than 500 feet measured from parcel boundary to parcel boundary. In no case shall a RMD
directly abut another RMD or any medical marijuana use.”
The difference in what is proposed by the petitioner and what the Barnstable Zoning Ordinance states is
shown through track changes: Separation requirements. The site is located at least 1,000 feet distant
fromdoes not abut a religious institution/place of religious assembly, and is located at least 500 feet from
any school, day-care center, preschool or afterschool facility or any facility in which children commonly
congregate, or if not located at such a distance, it is determined by the Zoning Board of Appeals to be
sufficiently buffered from such facilities such that its users will not be adversely impacted by the operation
of the registered marijuana dispensary, but in no case shall the distance be less than 500 feet measured
* The definition of Medical Marijuana Treatment Center in the Barnstable Zoning Ordinance comes from
the State’s original adoption of the use and is defined as, “an entity registered under 105 CMR 725.100, to
be known as a registered marijuana dispensary (RMD), that acquires, cultivates, possesses, processes
(including development of related products such as edible MIPs, tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana,
related supplies, or education materials to registered qualifying patients or their personal caregivers. Unless
otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.”
This definition has been updated by the State of Massachusetts as the industry and State response has
evolved to be defined as: “Medical Marijuana Treatment Center (MTC), formerly known as a Registered
Marijuana Dispensary (RMD), means an entity licensed under 935 CMR 501.101 that acquires, cultivates,
possesses, Processes (including development of related products such as Edibles, MIPs, Tinctures, aerosols,
oils, or ointments), Repackages, transports, sells, distributes, delivers, dispenses, or administers Marijuana,
products containing Marijuana, related supplies, or educational materials to Registered Qualifying Patients
or their Personal Caregivers for medical use. Unless otherwise specified, MTC refers to the site(s) of
dispensing, cultivation, and preparation of Marijuana for medical use.”
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from parcel boundary to parcel boundary. In no case shall a RMD directly abut another RMD or any medical
marijuana use.
Beyond the Town’s local ordinance, the Massachusetts Cannabis Control Commission defines separation
requirements for this use as follows: “Buffer Zone. An MTC Entrance may not be closer than 500 feet from
the nearest School Entrance, unless a city or town adopts an ordinance or bylaw that reduces the distance
requirement. (a) The buffer zone distance of 500 feet shall be measured in a straight line from the
geometric center of the MTC Entrance to the geometric center of the nearest School Entrance unless there is
an Impassable Barrier within those 500 feet; in these cases, the buffer zone distance shall be measured
along the center of the shortest publicly-accessible pedestrian travel path from the geometric center of the
MTC Entrance to the geometric center of the nearest School Entrance. (b) The buffer zone distance of 500
feet may be reduced if a city or town adopts an ordinance or bylaw that reduces the distance requirement.”
With that being said, a City or Town may create an ordinance that is further restrictive than that of the
State but not less restrictive.
Procedural Information
Zoning amendments are processed in accordance with Massachusetts General Laws (MGL) Chapter 40A
Section 5. Notice of this public hearing was provided in accordance with all requirements of MGL 40A§5.
The Planning Board must forward an advisory report with recommendations on the proposed zoning
amendment to the Town Council within 21 days after close of the Board’s hearing. The recommendation
of the Planning Board requires a simple majority of the Planning Board members present and voting.
Enclosed attachment
Petition to Town Council to Amend §240-30(E)4, Medical Marijuana Overlay District, Separation
Requirements