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Proposed Amendments

Code of the Town of Barre, Chapter 140 Zoning


Special Town Meeting
December 11, 2018
Article 11

To see if the Town will vote to amend the Code of the Town of Barre, Chapter 140, Zoning by
adding a new section, 140-11.2, Adult and Medical Marijuana Establishments that would provide
as follows:

140-11.2 Adult and Medical Marijuana and Marijuana Establishments

A. Authority, Purpose and Intent

(1) These provisions are enacted pursuant to General Laws, Chapter 40A, Section 9, and pursuant
to the Town’s authority under the Home Rule Amendment to the Massachusetts Constitution. It
is recognized that the nature of the substance cultivated, processed, and/or sold by marijuana
establishments may have objectionable operational characteristics and should be located in such a
way as to ensure the health, safety, and general well-being of the Barre residents, the general
public, patients seeking treatment, and customers seeking to purchase marijuana for recreational
use. The Planning Board shall consider the effects that the proposed facility may have upon the
site, the neighborhood, and the community. The Adult Marijuana and Marijuana Establishments
bylaw is therefore necessary to advance these purposes.

(2) Subject to the provisions of this Zoning Bylaw, Chapter 40A of the Massachusetts General
Laws, 105 CMR 725.000, and M.G.L. Chapter 94G, Marijuana Establishments will be permitted
to provide medical support, security, and physician oversight that meet or exceed state regulation
as established by the Massachusetts Department of Health (DPH) and to provide retail sales of
marijuana for non-medical use in a manner that meets or exceeds state regulations.

B. Definitions

For the purpose of this bylaw, the following definitions shall apply:

Allowed Marijuana Use (AMU): Craft Marijuana Cultivator Cooperative, Independent


Marijuana Testing Laboratory, Marijuana Cultivator, Marijuana Establishment, Marijuana
Product Manufacturer, Marijuana Products, Adult Marijuana Retailer, Medical Marijuana
Treatment Center, Registered Medical Marijuana Dispensary (RMD), Offsite Medical Marijuana
Dispensary (OMMD)

Craft Marijuana Cultivator Cooperative: A marijuana cultivator comprised of residents of


the Commonwealth as a limited liability company or limited liability partnership under the laws
of the Commonwealth, or an appropriate business structure as determined by the Cannabis
Control Commission (hereafter, “the Commission”), and that is licensed to cultivate, obtain,
manufacture, process, package and brand marijuana and marijuana products to deliver
marijuana to marijuana establishments but not to the consumer.

Independent Marijuana Testing Laboratory: A laboratory that is licensed by the


Commission and is: (a) accredited to the most current version of the International
Organization for Standardization 17025 by a third-party accrediting body that is a
signatory of the International Laboratory Accreditation Accrediting Cooperation with a
mutual recognition arrangement, or that is otherwise approved by the Commission; (b)
independent financially from any medical marijuana treatment center or any licensee or
marijuana establishment for which it conducts a test; and (c) qualified to test marijuana in
compliance with regulations promulgated by the Commission pursuant to this chapter

Marijuana Cultivator: An entity licensed to cultivate, process, and package marijuana, to


deliver marijuana to marijuana establishments, and to transfer marijuana to other marijuana
establishments, but not to consumers.

Marijuana Establishment: A marijuana cultivator, independent testing laboratory, marijuana


product manufacturer, marijuana retailer, or any other type of licensed marijuana-related
businesses.

Marijuana Product Manufacturer: An entity licensed to obtain, manufacture, process, and


package marijuana and marijuana products, to deliver marijuana and marijuana products to
marijuana establishments, and to transfer marijuana and marijuana products to other marijuana
establishments, but not to consumers.

Marijuana Products: Products that have been manufactured and contain marijuana or an
extract of marijuana, including concentrated forms of marijuana and products composed of
marijuana and other ingredients that are intended for use or consumption, including
without limitation edible products, beverages, topical products, ointments, oils, and tinctures.

Adult Marijuana Retailer (AMR): An entity licensed to purchase and deliver marijuana and
products from marijuana establishments and to deliver, sell, or otherwise transfer marijuana and
marijuana products to marijuana establishments and to consumers.

Medical Marijuana Treatment Center: Also known as Registered Marijuana Dispensary as


defined by 105 CMR 725.000.

Registered Marijuana Dispensary (RMD): A use registered and approved by the MA


Department of Public Health in accordance with 105 CMR 725.000, and pursuant to all other
applicable state laws and regulations, also to be known as a Medical Marijuana Treatment
Center, that acquires, cultivates, possesses, processes (including development of related
products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells,
distributes, dispenses, or administers marijuana, products containing marijuana, related supplies,
or educational materials to registered qualifying patients or their personal caregivers. A RMD
shall explicitly include facilities which cultivate and process medical marijuana, and which
may also dispense and deliver medical marijuana and related products. The cultivation and
processing of medical marijuana in accordance with these regulations is considered to be a
manufacturing use and is not agriculturally exempt from zoning.

Off-Site Medical Marijuana Dispensary (OMMD): A Registered Marijuana Dispensary that


is located off-site from the cultivation/processing facility (and controlled and operated by the
same registered and approved entity which operates an affiliated RMD) but which serves only
to dispense the processed marijuana, related supplies and educational materials to registered
qualifying patients or their personal caregivers in accordance with the provisions of 105 CMR
725.00.

SPGA – Special Permit Granting Authority – Planning Board of the Town of Barre.

Prime Agricultural Soils: Agricultural land with soils designed as prime or of the
statewide significance by the U.S. Natural Resources Soil Services soil surveys.

Adult – 21 years of age or older.

C. Application Requirements. All applications for a Marijuana Establishment shall include the
information listed in Section C, Application Requirements below. Any of the listed information
requirements in Section C may be waived at the sole discretion of the Planning Board after
determining that the information requirement is not applicable and/or is not needed for a particular
application.

(1) An AMU shall only be allowed by Special Permit. The Planning Board shall be the Special
Permit Granting Authority (SPGA). The following items are required submittals for a Special
Permit Application:

a. The name and address of each owner of the facility/operation;

b. Copies of all documentation demonstrating appropriate application status under state


law, or registration or license, issued to the applicant by the Commonwealth of
Massachusetts and any of its agencies for the facility;

c. Evidence that the Applicant has site control and the right to use the site for a facility in
the form of a deed or valid purchase and sale agreement, or, in the case of a lease, a
notarized statement from the property owner and a copy of the lease agreement;

d. A notarized statement signed by the organization’s Chief Executive Officer disclosing


all of its designated representatives, including officers and directors, shareholders,
partners, members, managers, directors, officers, or other similarly-situated individuals
and entities and their addresses. If any of the above are entities rather than persons, the
Applicant must disclose the identity of all individual persons associated with the entity
as set forth above;

e. In addition to what is normally required in a Site Plan application, details showing all
exterior proposed security measures for the premises, including lighting, fencing, gates
and alarms, etc., which seek to ensure the safety of employees and patrons and to
protect the premises from theft or other criminal activity;

f. A Management Plan as required under the Rules and Regulations of the Cannabis
Control Commission including a description of all activities to occur on site, including
all provisions for the delivery of marijuana and related products to Marijuana
Establishments, OMMD’s, RMD’s, and AMR’s or off-site direct delivery;

g. Community Impact Statement - An analysis of the impact on the Town, including but
not limited to, the surrounding neighborhood in terms of use, architectural consistency,
pedestrian movement and overall character; impacts on nearby historic structures, if any
exist. ; the impact on the interests noted in Section 1 of the Zoning Bylaw, and an
evaluation of the proposed project's consistency and compatibility with existing local
and regional plans. The Planning Board may employ a third party consultant to evaluate
whether or not the project has been designed in such a manner to minimize impact on
the community.

h. Water Use Study – (For Projects using Town of Barre Water) A detailed analysis and
data regarding the proposed water use for any AMU. The analysis shall include details
regarding the adequacy of water supply, and information regarding how the application
complies with all regulations promulgated pursuant to G.L. c.94C, App. 1, 94G, and
any other laws or regulations promulgated regarding commercial or medical marijuana.
All controls on water use and discharge by an AMU but in any event shall be no less
restrictive than those promulgated pursuant to G.L. c. 94C, App. 1 and any other
relevant regulation or law. The Planning Board may employ a third party consultant to
review the water use study.

i. Security Measure Report -. Applicant shall submit a copy of the Security Plan as
required by the Cannabis Control Commission. Security measures proposed by an
AMU must at least meet the standard set by G.L. c. 94C, App.1. Security measures
proposed by the AMU should be designed in accordance with the best management
practices of the industry. The Planning Board may employ a third party consultant to
review the proposed security measures to evaluate whether the security measures
comply with the regulations cited above.

j. Transfer of Ownership- The Applicant shall submit a copy of the transfer of


ownership policies as required by the Cannabis Control Commission. The policies and
procedures for the transfer, acquisition, or sale of marijuana shall comply with the
regulations promulgated pursuant to G.L. c. 94C, App. 1and 94G and any other laws or
regulations promulgated regarding commercial or medical marijuana. Policies and
procedures for the transfer of marijuana must at least meet the standards set by G.L. c.
94C, App.1 94G and any regulations established by the Town which shall be no less
restrictive than those promulgated by the general laws and regulations. The Planning
Board may employ a third party consultant to review the proposed policies and
procedures regarding the transfer of marijuana.

k. Waste Management Report – The Applicant shall submit a copy of the proposed
waste management plan as required by the Cannabis Control Commission. A copy of
proposed waste management procedures. Such proposal shall ensure safe disposal
of waste, promote recycling and comply with the regulations promulgated pursuant to
G.L. c. 94C, App. 1and 94G and any other laws or regulations promulgated regarding
commercial or medical marijuana. Policies and procedures for waste management must
at least meet the standards set by G.L. c. 94C, App.1 and 94G and any regulations
established by the Town which shall be no less restrictive than those promulgated by
the general laws and regulations. The Planning Board may employ a third party
consultant to review the proposed policies and procedures regarding waste
management.

l. Energy and Environmental Standards Report - The Applicant shall submit a detailed
analysis of how the project meets the energy and environmental standards approved by the
State regulatory authority which shall comply with the regulations promulgated pursuant
to G.L. c. 94C, App. 1and 94G and any other laws or regulations promulgated regarding
commercial or medical marijuana. Policies and procedures for energy and environmental
standards must at least meet the standards set by G.L. c. 94C, App.1and 94G and any
regulations established by the Town which shall be no less restrictive than those
promulgated by the general laws and regulations. The Planning Board may employ a third
party consultant to review the proposed policies and procedures regarding the energy and
environmental.

m. Odor Analysis and Report – The Applicant shall submit a detailed analysis as to how
the project will meet the odor control standards as required by the State regulatory
authority which complies with the regulations promulgated pursuant to G. L. c. 94C,
App. 1and 94G and any other laws or regulations promulgated regarding commercial or
medical marijuana. Policies and procedures for Odor Control must at least meet the
standards set by G.L. c. 94G and regulations promulgated there under C, App.1 and any
regulations established by the Town which shall be no less restrictive than those
promulgated by the general laws and regulations. The Planning Board may employ a
third party consultant to review the proposed policies and procedures regarding odor
control

n. Construction Management Plan – The Applicant shall submit a plan which describes
the project construction management plan. The Planning Board may employ a third
party consultant to review the proposed construction management plan.

o. Regulatory Waivers - A description of any waivers or variances of the requirements


of the State licensing and registration authorities granted to or sought by the AMU.

p. Traffic Impact Study: Identification of existing traffic levels, along with


the expected traffic impacts to occur based upon the proposed project.

D. Use Regulations: The following regulations shall apply to uses under this section:

(1) No marijuana shall be smoked, eaten or otherwise consumed or ingested on the premises.

(2)

The hours of operation shall be determined by the Board of Selectmen and the Planning
Board and made a part of the Host Community Agreement.

E. Locational, Physical Requirements, and Allowed Uses:

(1) All aspects of a Marijuana Establishment, RMD, OMMD, or AMR relative to the
acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration
of marijuana, products containing marijuana, related supplies, or educational materials must
take place at a fixed location within a fully enclosed building and shall not be visible from the
exterior of the business.

(2) No outside storage of marijuana, related supplies, or educational materials is permitted.

(3) Ventilation – all facilities shall be ventilated in such a manner that:

 No pesticides, insecticides or other chemicals or products used in the cultivation or


processing are dispersed into the outside atmosphere; and
 No odor from marijuana or its processing can be detected by a person with an
unimpaired and otherwise normal sense of smell at any adjoining use or property.

(4) Allowed Uses:

(a) Marijuana Cultivator, Outdoor Cultivation of Marijuana: Outdoor


cultivation of Marijuana is allowed on existing farmland in areas zoned R-80
Residential and Industrial. No other types of Marijuana Establishments are
allowed in areas zoned R80 Residential. A minimum lot size of 20 acres is
required in the R-80 zone and 3 acres in the Industrial Zone. If property is taxed
under G.L.c. 61A, the section of the property used for marijuana growth will need
to be removed from G.L.c. 61A. No below grade foundation(s) or structures shall
be used without the specific approval of the Planning Board. No material,
including top soil, may be removed from the site without prior specific approval
of the Planning Board. The visual impact requirements for an outdoor cultivation
facility are specified in Section M. Visual Impacts.

(b) Marijuana Cultivator, Indoor Cultivator of Marijuana: Indoor cultivation of


marijuana is allowed in areas zoned Business/Commercial and Industrial. A minimum
lot size of 5 acres is required with minimum road frontage as required by the Town’s
Zoning Bylaws. The lot to be one continuous parcel. . No material, including top soil,
may be removed from the site without prior specific approval of the Planning Board.
Indoor cultivation of marijuana requires approval through a special permit by the
SPGA. All other conditions for Marijuana Establishments in this Bylaw apply to
Commercial indoor Cultivation of Marijuana.

Minimum yard dimensions shall conform to the requirements for Business


Commercial as specified in Section 140.14, Table of Dimensional Requirements in
the Town of Barre Zoning Code.

(c) Adult Marijuana Retailer (AMR) and Registered Medical Marijuana


Dispensary (RMD):AMR and RMD facilities are only allowed in area zoned
Business/Commercial and Industrial.

Minimum yard dimensions shall conform to the requirements for Business


Commercial as specified in Section 140.14, Table of Dimensional Requirements in
the Town of Barre Zoning Code.

F. Annual Reporting: Each facility permitted under this Bylaw shall, as a condition of its
special permit submit a copy of the as required by the Cannabis Control Commission.

G. Restrictions and Prohibitions

(1) The proposed uses shall not be located within five hundred (500) feet of the following, as
measured from the building and/or area actively used:

a. A public or private preschool, elementary school, middle school, secondary school,


preparatory school, licensed daycare center, or any other facility in which children
commonly congregate in an organized ongoing formal basis;
b. A Playground, Park, or town Common;

(2) The proposed AMUs shall be located a minimum distance of one hundred to five
hundred (500) feet from the following, as measured from the building and/or area
actively used. The actual distances shall be determined on a case by case basis by the
Planning Board.

a.

b. Public Library;

c. Public swimming area or pool;

d. Residential dwellings or group homes;

e. Structure used for religious purposes.

(3) No Marijuana Retailer shall be located within five hundred (500) feet of another Marijuana
Retailer. The distance shall be measured along a straight line from the nearest point of the property line
in question to the nearest point of the property line where the other Marijuana Retailer is or will be
located.

(4) The proposed use shall not display on-premises signage or other marketing on the exterior
of the building or in any manner visible from the public way, which, in the opinion of the
Special Permit Granting Authority, may promote or encourage the use of marijuana or other
drugs by minors.

(5) All AMUs must minimize adverse impacts on abutters and other parties of interest,
as defined in M.G.L. Chapter 40A, Section 11.

(6) All AMUs engaged in the acquisition, cultivation possession, processing, sales,
distribution, dispensing or administration of marijuana, products containing marijuana,
related supplies or promotional materials must take place in a fixed location within a
fully enclosed building and shall not be visible from the exterior of the building.

(7)

(8) AMUs are not allowed on Agricultural land with soils as prime or statewide
significance by the U.S. Natural Resource Conservation Service soil survey. Outdoor
marijuana cultivators are exempt from this requirement.

(9) AMUs are not allowed on lots containing rare, threatened, or endangered species or
exemplar natural communities’ according to the Massachusetts BioMap Project
development by the Massachusetts Natural Heritage & Endangered Species Program.

(10) AMUs are not allowed on unique natural, cultural, and/or historical features as
identified in the Master Plan or Community Development Plan.
(11) All indoor marijuana cultivation is to be located in a fully-enclosed, permanent
building and may not be located in a trailer, cargo container, motor vehicle or other
similar non-permanent enclosure.

(12) Prohibition Against Nuisances: No use shall be allowed in the allowed marijuana use
which creates a nuisance to abutters or to the surrounding area, or which creates any hazard,
including but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors,
offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which
may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the
area.

(113) Violation: In the event of any violation of the terms and conditions of a special permit
issued pursuant to this Zoning Bylaw, after proper notice and demand, the Building Inspector
shall institute appropriate action or proceedings in the name of the Town of Barre to prevent,
correct, restrain, or abate any violation. The violator shall be subject to a fine of $300.00 a day
from each day the violation continues.

(114) This bylaw applies to all Marijuana Facilities, either existing or proposed in the Town of
Barre. In addition this bylaw shall apply to any and all alterations, changes, improvements and
modifications, including, but not limited to upgrades or physical modifications, regardless of
whether the modification materially alters the type, configuration, or size of these facilities or
related equipment. The Planning Board shall follow the procedural requirements for processing
special permit applications as set forth in Massachusetts General Laws, including but not limited
to MGL c. 40A, 9.

(115) AMUs must comply with Security Requirements for Marijuana Establishments per 935
CMR: Cannabis Control Commission, 500.110 – Security Requirements for Marijuana
Establishments.

(16) Prior to construction being undertaken in the Town of Barre, any site or development
to which this section applies shall comply with the regulations of all sections of the Zoning
Bylaw as well as all other applicable Town Bylaws and laws and regulations of the
Commonwealth of Massachusetts.

(17) Number of Marijuana Retailer Establishments – The number of licensed Marijuana


Retailer Establishments in the Town of Barre shall not exceed 20% of the number of
licenses issued for the sale of alcohol not to be consumed on the premises under the
Massachusetts General laws Chapter 138, Section 15.

(18) Not more than three (3) Indoor Marijuana Facilities are allowed by Special Permit in
the Town of Barre.

(19) Not more than three (3) Outdoor Marijuana Facilities are allowed by Special
Permit in the Town of Barre.

H. Findings: In addition to the findings required under all other applicable sections of this Bylaw, the
Special Permit Granting Authority shall find that the proposed use:
(1) Meets all of the permitting requirements of all applicable agencies within the
Commonwealth of Massachusetts and will as proposed be in compliance with all applicable
state laws and regulations.

(2) Complies with 105 CMR 725.000 and approved regulations of the MA Department of
Public Health, if the proposed use is a Registered Marijuana Dispensary (RMD) or an Off-Site
Medical Marijuana Dispensary (OMMD),

(3) Is designed to minimize any adverse visual or economic impacts on abutters and other
parties of interest.

(4) Provides that the storage and/or location of cultivation of marijuana is adequately secured
in enclosed, locked facilities.

I. Prior to Issuance of Special Permit.

(1) Applicant shall provide proof that they have executed a Host Community Agreement with
the Town of Barre.

(2) Applicant shall certify that they have received a provisional or final registration and has
received all other required permits, licenses and approvals from all applicable agencies with
the Commonwealth of Massachusetts and is in compliance with all applicable state laws and
regulations.

J. Transfer/Discontinuance of Use

(1) A Special Permit granted under this Section shall not run with the land but shall be
specific to the applicant and shall be non-transferrable to another owner or operator
without an amendment to the special permit following a noticed public hearing in
accordance with M.G.L. c. 40A and the Barre Zoning Bylaws.

(2) The special permit shall lapse upon the expiration or termination of the special permit
holder’s license from the state Cannabis Control Commission. The special permit holder shall
notify the Building Commissioner and the SPGA in writing within 48 hours of the cessation of
operation or expiration or termination of the special permit holder’s state license.

(3) Any Marijuana Establishment, RMD, OMMD, or AMR permitted under this section shall
be required to remove all material, plants, equipment, and other paraphernalia in compliance
with 105 CMR 725.105 (J) and (O) prior to the expiration of its DPH Registration, immediately
following revocation or voiding of its DPH Registration, or following the expiration, revocation
or voiding of its license issued by the Commission.

K. Outside Consultants and Review Fees: The SPGA may retain third party consultants to
review the applicant’s submittals and provide advice and technical assistance to the SPGA for its
review. An outside consultant review escrow deposit shall be submitted to the SPGA if requested.
The escrow for review fees is intended to cover the SPGA’s cost of hiring consultants to review the
Applicant’s compliance with the Special Permit requirements under this Bylaw and may include
legal counsel. The initial escrow deposit amount shall be set by the SPGA. Any unexpended
monies in the escrow account will be returned to the Applicant after all obligations are satisfied.
L. The SPGA shall submit copies of the application to the Building Department, Fire Department,
Police Department, Board of Health, the Conservation Commission, Board of Assessors, and the
Department of Public Works. These Boards/Departments will be asked to review the application in
accordance with their applicable laws and regulations and make a determination as to whether or not
the proposed project complies with the same. They shall submit their written comments and/or
recommendations within 35 days of receipt of the application.

M. Visual Impact

Outdoor cultivation of marijuana facilities located in R-80 zoning areas shall be positioned
to provide a visual buffer of the facility in order to reduce the visual impact the facility may
have upon all abutting and affected residential properties. A visual buffer shall be provided
for roadways from which the facility can be seen. The applicant may incorporate methods
to reduce the visual impact such as earthen berms, vegetation, and/or fencing and screening.
The adequacy of the visual buffer will be determined on a case by case basis as determined
by the Planning Board.

A Site Plan shall be submitted that contains the following information:

(1) Property lines and physical features, including roads and topographical contour
lines for the project site. Also the applicant shall indicate the location of existing,
proposed or potential agricultural.

(2) Proposed changes to the landscape of the site, grading, vegetation clearing and
planting, exterior lighting, screening vegetation or structures. A planting plan where a
visual buffer is required shall be presented.

(3) Views of the site from all off-site abutting properties (and where the site is abutting
a street, from the street) indicating what will be seen, prior to construction, immediately
after construction is completed with no plantings in place, after construction with all
plantings in place and at two, five and 10 years after construction with all plantings still
in place (indicating normal anticipated growth).

(4) The Planning Board may require, as a part of the visual impact review, on-site visits
by the Planning Board during the application process.

(5) Plans and drawings showing the proposed layout of the facility signed and stamped
by a professional engineer licensed to practice in Massachusetts.

(6) The names, addresses, telephone numbers, e-mail addresses and any other contact
information of the property owner, applicant, construction contractor(s), and facility
owner operator or leasee.

N. Insurance: The applicant shall submit documentation demonstrating that they have
obtained general liability insurance as required by regulations of the Cannabis Control
Commission.

O. Planning Board Review Process


(1) The applicant shall submit five copies of the required plans and documents. The
applicant shall also submit the required fee(s).

(2) Public hearing. The Planning Board shall hold a public hearing in accordance with
Massachusetts General Laws. The time for acting may be extended upon written request
of the applicant and/or Planning Board. Such request shall not be unreasonably denied.
The Planning Board may waive or modify any condition as it determines in its sole
discretion.

(3) The Planning Board may waive selected requirements of this bylaw if they
determine that a particular requirement is not applicable or that the requirement is not
needed. The determination to waive a requirement shall be at the sole discretion of the
Planning Board.

(3) The Planning Board's final action may consist of either:

(a) Approval of the application based on a determination that the proposed


project complies with the conditions contained in this Bylaw. . The Planning
Board shall include a finding that the proposal will be neither detrimental nor
offensive to the neighborhood.

(b) Disapproval of the application with an explanation of the reasons for such
disapproval including the elements of the proposal the Planning Board finds are
not capable of revision. The Planning Board shall include a finding as to how
the proposal is either detrimental or offensive to the neighborhood. In addition
or in the alternative, the Planning Board shall include a finding that there are no
modifications or changes, the applicant could make to the proposal that would
modify the proposal in order that the public health, safety or welfare would be
protected. The Planning Board may also include a finding as to the elements of
the proposal that are so deficient in important elements and intrusive on the
interests of the public that they warrant disapproval.(c)

P. Building Permit and Building Inspection: No installation shall be constructed,


installed, or modified without first obtaining a building permit and shall not be issued
until the Planning Board has issued a Special Permit. No modifications shall be made
without obtaining Planning Board approval.

Q. Emergency Services: The operator shall provide a copy of the operation and
maintenance plan, electrical schematic, and site plan to the Fire Chief, Police Chief, and
EMS (emergency medical service). The operator shall cooperate with local emergency
services in developing an emergency response plan. All means of shutting down the
facility shall be clearly marked. The premises shall identify a qualified contact person
available 24 hours per day/seven days per week to provide assistance during an
emergency; the operator shall change the contact information immediately whenever a
change in personnel occurs.

R. Maintenance and Modifications

(1) Maintenance: The operator shall maintain the facility in good condition.
Maintenance shall include, but not be limited to, painting, structural repairs, and
integrity of security measures. The operator shall be responsible for maintaining
adequate access for emergency vehicles and maintenance equipment.

(2) Modifications: No modifications to the plans submitted with the application and
approved by the Planning Board may be made without written approval by the Planning
Board. All material modifications to the facility proposed after issuance of the building
permit require approval of the Planning Board and Inspector of Buildings.

S. Decommissioning, Removal, Restoration, Abandonment -

(1) Removal requirements: Any facility that has reached the end of its useful life, has
been abandoned or has discontinued operation shall be physically removed from the
parcel within 150 days after the date of discontinued operations; otherwise the Planning
Board may proceed as set forth below. The owner or operator shall include in the
application the anticipated date of discontinued operations, if any, together with plans
for removal. Structures that may have a potential for future use are not required to be
dismantled or demolished and removed for purposes other than cultivation of
Marijuana.

(2) Decommissioning/removal/restoration: The owner/operator shall be required to


remove all material, plants, equipment and other paraphernalia in compliance with 105
CMR 725.105 (J) and (O) prior to the expiration of its Department of Public Health
(DPH) Registration, immediately following revocation or voiding of its DPH
Registration, or following the expiration, revocation or voiding of its license issued by
the Cannabis Control Commission and to include as follows:

(a)The site to be restored as near as reasonably possible to its condition prior to


the commencement of construction except for structures which the
owner/operator has determined have a potential for future use.

(b) Stabilization or revegetation of the site as necessary to minimize erosion.


The Planning Board may allow the owner or operator to leave landscaping or
below-grade foundations in order to minimize erosion and disruption of
vegetation.

(c) Removal and disposal of all solid and hazardous waste in accordance with
local, state and federal bylaws.

(3) Abandonment: Absent notice of a proposed date of decommissioning or written


notice of extenuating circumstances, the facility shall be considered abandoned when in
the Planning Board's discretion, it fails to operate for more than six months. If the facility
is deemed abandoned by the Planning Board, the Town shall give the owner and operator
30 days' written notice to remove:

(a) Remove all material, plants, equipment and other paraphernalia in compliance with
105 CMR 725.105 (J) and (O).

(b) In the event that the owner and operator have not completed the removal at the
conclusion of 90 days from the date of written notice, the Town may proceed, without
taking any legal action, to enter the property to decommission, physically remove the
facility and restore the property. The Town may recover any costs from the financial
surety provided by the applicant. In the event there are insufficient funds to complete
the decommissioning, removal and restoration, the applicant, owner and operator
(including such other parties or entities as appropriate) shall be jointly and severally
liable to pay any excess costs incurred in order to do so.

T. Financial Surety: The Applicant shall submit to the Planning Board a copy of the
Financial Surety documentation submitted to the Cannabis Control Commission.

U. Severability – In the event any section or portion of this bylaw is determined to be invalid or
unenforceable by a court of competent jurisdiction such determination/ruling shall not affect the
validity and enforceability of the remaining sections and portions of this bylaw.

AA. Marijuana Establishment - Registered Marijuana Dispensary, are allowed in


business/commercial zone. All requirements listed in this bylaw apply in addition to:

1. Shall be located in a fully-enclosed, permanent building and may not be located in a


trailer, cargo container, motor vehicle or other similar non-permanent enclosure;
2. Shall not have a drive thru service;
3. Shall not be within a building containing residential units;
4. Must be the sole use on said premise;
5. No smoking, burning or consumption of any product contain marijuana or marijuana-
related products shall be permitted on the premises with the exception of product
testing performed at an Independent Testing Laboratory;
6. All other sections of the bylaw are to be adhered to.

BB. Marijuana Retailer Store Front are allowed in business/commercial zone. All
requirements listed in this bylaw apply in addition to:

1. Shall be located in a fully-enclosed, permanent building and may not be located in a


trailer, cargo container, motor vehicle or other similar non-permanent enclosure;
2. Shall not have a drive thru service;
3. Shall not be within a building containing residential units;
4. Must be the sole use of said premise;
5. No smoking, burning or consumption of any product contain marijuana or
marijuana-related products shall be permitted on the premises with the exception of
product testing performed at an Independent Testing Laboratory;
6. Sale of Marijuana and marijuana products will be the sole use of said
premise/building. Cannot be combined with any other food, beverages or items
sold within the Town of Barre.

7. No Marijuana Establishment shall be permitted to operate from a moveable,


mobile or transitory location.

8. Marijuana Establishments are not permitted as a Home Occupation.

9. All other sections of the bylaw are to be complied with.


CC. Marijuana Retailer Delivery allowed in areas zoned business/commercial.

DD. Marijuan Retailer Social consumption not allowed.

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