Katelyn Baker
Well-Known Member
Burlington — The Planning Board is continuing its efforts to stay ahead of the commercialization of recreational marijuana in Burlington, as they work towards finalizing the language for a temporary moratorium on such sales.
The language in the moratorium is virtually finalized, and at a recent board meeting, it was disclosed that several words have been added to a sentence to solidify the sale of marijuana can't take place in a land, structural, or vehicular setting while the moratorium is in effect.
The matter was formally heard at the meeting as a petition to amend a zoning bylaw.
The moratorium would be in effect through Sept. 30, 2018, or six months after the effective date of the Cannabis Control Commission regulations (expected Jan, 1, 2018), whichever is greater.
With the temporary moratorium in place for 18 months or beyond, the question now is whether the planners want to revise the six-month figure to nine. This means that if/when the Cannabis Control Commission regulations are finished before the 18-month period, the moratorium would firmly be in effect for nine months after the regulations are imposed.
As opposed to six months, the board convincingly felt nine months provided the town with enough time to come up with adequate rules, regulations and zoning bylaws for this matter.
However, Massachusetts Attorney General Maura Healey does have the ability to not allow the nine-month request, which the board acknowledged would not be such a big deal, as they would simply move forward with six-month moratorium after the regulations are levied.
Either way, an article is going to be on the Town Meeting warrant in January where the body will be able to effectively put a temporary moratorium on such sales. The Board of Selectmen formally voted to submit the moratorium as a warrant article to Town Meeting last month.
With ballot Question 4 passing and the legalization of recreational marijuana a reality in Massachusetts, town officials felt it was necessary to start the process of formalizing a moratorium in Burlington until the state creates rules and regulations for the newly enacted law.
Burlington voters did not follow suit with the rest of the Commonwealth as they voted it down 7,615 to 6,253, while it passed statewide 1,745,394 to 1,511,747. That equates to a 54 percent to 46 percent voting breakdown throughout the state.
A temporary moratorium was also put in place when medical marijuana was approved in Massachusetts four years ago. If Town Meeting approves the moratorium request, it will allow the Planning Board and Board of Selectmen time to start crafting its own bylaw in terms of the sale of marijuana for the community that makes sense while awaiting what the state ends up with. However, it was confirmed the town would not be able to react and write its own bylaw until the state is done devising theirs, given that there is a statewide moratorium on the legalization law.
At the point when the state has crafted its own policy, the town will include what is has with whatever the state has come up with. The Planning Board has the authority to create a zoning bylaw while the Board of Selectmen can craft a general bylaw.
Although nothing has been confirmed at the state level yet, State Rep. Ken Gordon informed town officials that the state may also put a moratorium on the sales component of the recreational marijuana law. Rep. Gordon encouraged the town to pursue a moratorium anyway so the community can cover all its bases before the law goes into effect Dec. 15.
It will be legal to possess and use marijuana starting Dec. 15, but it does not become legal to sell within communities until formal rules and regulations are crafted and implemented.
The planners also surmised a notion that a town-wide referendum declaring the residents of Burlington do not want recreation dispensaries is a possibility, citing at least one other community in the Commonwealth has already moved forward with such an initiative. This was the first time this idea had been brought up so although it is certainly a possibility, the chances of it happening are all speculative at this point.
Expect a similar zoning bylaw to medical marijuana
The first marijuana legalization discussion started back in 2012 when Question 3 on the election ballot was passed by a 63 percent to 37 percent margin, allowing for medical marijuana to be sold in the Commonwealth. Burlington voted in favor of it as 7,257 voted "Yes" and 5,601 voted "No."
With sights on protecting patients' rights without increasing risks to public safety, Town Meeting convincingly passed a zoning bylaw for medical marijuana dispensaries to locate in Burlington. This was voted on in May 2014.
The state laws for this matter say dispensaries cannot be within 500 feet of places where children congregate, but the town decided that wasn't good enough and settled on not allowing dispensaries within 1,000 feet of those aforementioned locations. In addition, the bylaw affirms a dispensary cannot be within 500 feet of a place of worship.
The districts deemed appropriate are strictly limited to the town's industrial districts such as Industrial Heavy (IH), Industrial Research (IR), and Industrial General (IG). These districts in Burlington make up 33 parcels in the areas of Blanchard Road, Middlesex Turnpike, and Burlington Mall Road.
An applicant looking to locate a dispensary in Burlington will have to go through the standard special permit process and provide a state license.
The zoning bylaw for a recreational marijuana facility to locate in town is very similar to the aforementioned medical marijuana bylaw, except the word recreational has replaced medicinal and the sales limitations are much tighter.
The planners voted unanimously to continue its petition to amend the zoning bylaw regarding the temporary moratorium to the meeting of Jan. 5, where it will be voted on, well before Town Meeting on Monday, Jan. 23 at 7:30 p.m. in the Burlington High School's Fogelberg Performing Arts Center.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Planners Weigh Marijuana Moratorium Options
Author: Mark Biagiotti
Contact: 781-933-3700
Photo Credit: Andrew Selsky
Website: Daily Times Chronicle
The language in the moratorium is virtually finalized, and at a recent board meeting, it was disclosed that several words have been added to a sentence to solidify the sale of marijuana can't take place in a land, structural, or vehicular setting while the moratorium is in effect.
The matter was formally heard at the meeting as a petition to amend a zoning bylaw.
The moratorium would be in effect through Sept. 30, 2018, or six months after the effective date of the Cannabis Control Commission regulations (expected Jan, 1, 2018), whichever is greater.
With the temporary moratorium in place for 18 months or beyond, the question now is whether the planners want to revise the six-month figure to nine. This means that if/when the Cannabis Control Commission regulations are finished before the 18-month period, the moratorium would firmly be in effect for nine months after the regulations are imposed.
As opposed to six months, the board convincingly felt nine months provided the town with enough time to come up with adequate rules, regulations and zoning bylaws for this matter.
However, Massachusetts Attorney General Maura Healey does have the ability to not allow the nine-month request, which the board acknowledged would not be such a big deal, as they would simply move forward with six-month moratorium after the regulations are levied.
Either way, an article is going to be on the Town Meeting warrant in January where the body will be able to effectively put a temporary moratorium on such sales. The Board of Selectmen formally voted to submit the moratorium as a warrant article to Town Meeting last month.
With ballot Question 4 passing and the legalization of recreational marijuana a reality in Massachusetts, town officials felt it was necessary to start the process of formalizing a moratorium in Burlington until the state creates rules and regulations for the newly enacted law.
Burlington voters did not follow suit with the rest of the Commonwealth as they voted it down 7,615 to 6,253, while it passed statewide 1,745,394 to 1,511,747. That equates to a 54 percent to 46 percent voting breakdown throughout the state.
A temporary moratorium was also put in place when medical marijuana was approved in Massachusetts four years ago. If Town Meeting approves the moratorium request, it will allow the Planning Board and Board of Selectmen time to start crafting its own bylaw in terms of the sale of marijuana for the community that makes sense while awaiting what the state ends up with. However, it was confirmed the town would not be able to react and write its own bylaw until the state is done devising theirs, given that there is a statewide moratorium on the legalization law.
At the point when the state has crafted its own policy, the town will include what is has with whatever the state has come up with. The Planning Board has the authority to create a zoning bylaw while the Board of Selectmen can craft a general bylaw.
Although nothing has been confirmed at the state level yet, State Rep. Ken Gordon informed town officials that the state may also put a moratorium on the sales component of the recreational marijuana law. Rep. Gordon encouraged the town to pursue a moratorium anyway so the community can cover all its bases before the law goes into effect Dec. 15.
It will be legal to possess and use marijuana starting Dec. 15, but it does not become legal to sell within communities until formal rules and regulations are crafted and implemented.
The planners also surmised a notion that a town-wide referendum declaring the residents of Burlington do not want recreation dispensaries is a possibility, citing at least one other community in the Commonwealth has already moved forward with such an initiative. This was the first time this idea had been brought up so although it is certainly a possibility, the chances of it happening are all speculative at this point.
Expect a similar zoning bylaw to medical marijuana
The first marijuana legalization discussion started back in 2012 when Question 3 on the election ballot was passed by a 63 percent to 37 percent margin, allowing for medical marijuana to be sold in the Commonwealth. Burlington voted in favor of it as 7,257 voted "Yes" and 5,601 voted "No."
With sights on protecting patients' rights without increasing risks to public safety, Town Meeting convincingly passed a zoning bylaw for medical marijuana dispensaries to locate in Burlington. This was voted on in May 2014.
The state laws for this matter say dispensaries cannot be within 500 feet of places where children congregate, but the town decided that wasn't good enough and settled on not allowing dispensaries within 1,000 feet of those aforementioned locations. In addition, the bylaw affirms a dispensary cannot be within 500 feet of a place of worship.
The districts deemed appropriate are strictly limited to the town's industrial districts such as Industrial Heavy (IH), Industrial Research (IR), and Industrial General (IG). These districts in Burlington make up 33 parcels in the areas of Blanchard Road, Middlesex Turnpike, and Burlington Mall Road.
An applicant looking to locate a dispensary in Burlington will have to go through the standard special permit process and provide a state license.
The zoning bylaw for a recreational marijuana facility to locate in town is very similar to the aforementioned medical marijuana bylaw, except the word recreational has replaced medicinal and the sales limitations are much tighter.
The planners voted unanimously to continue its petition to amend the zoning bylaw regarding the temporary moratorium to the meeting of Jan. 5, where it will be voted on, well before Town Meeting on Monday, Jan. 23 at 7:30 p.m. in the Burlington High School's Fogelberg Performing Arts Center.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Planners Weigh Marijuana Moratorium Options
Author: Mark Biagiotti
Contact: 781-933-3700
Photo Credit: Andrew Selsky
Website: Daily Times Chronicle