Special Town Meeting For Natick Recreational Marijuana Regs

NATICK, MA—On the November 2016 ballot, Natick voters were in favor by a narrow margin of Question 4, to legalize recreational pot. At 54 percent, Natick approved the measure 10,674 to 9,067.

In January of this year, the Board of Selectmen voted 4-1 to enact what it calls "reasonable regulations." But in its June meeting, one selectman posed putting a question on the upcoming November ballot to ban recreational marijuana businesses in town, arguing that voters didn't quite understand the depth of the question when they voted the first time, reports MetroWest Daily News.

Three of five selectmen opposed the idea, and no vote was taken.

There is a current moratorium on recreational establishments, which expires at the end of the year.

Natick officials, however, are moving forward with establishing regulations for recreational marijuana businesses, calling a Special Town Meeting on Oct. 2 at 7:30 p.m. at Wilson Middle School, at which all qualified town meeting are invited to vote.

The warrant includes four articles, which deal with placing an excise tax on retail sales of marijuana, zoning and overlay issues and licensing.

Here are the synopses of the articles:

ARTICLE 1
Excise Tax on Retail Sales of Marijuana for Adult Use
(Town Administrator)
To see if the Town of Natick will vote to accept Massachusetts General Laws Chapter 64N, Section 3 to impose local sales tax upon sale or transfer of marijuana or marijuana products by a marijuana retailer operating within the Town of Natick, to anyone other than a marijuana establishment, at a rate not greater than 3 per cent of the total sales price received by the marijuana retailer, or to otherwise act thereon.

ARTICLE 2
Marijuana Establishments Zoning Bylaw Amendment
(Planning Board)
To see if the Town will vote to amend the Town of Natick Zoning By-Laws and Map with regards to establishing reasonable regulations regarding the time, place and/or manner of adult use marijuana establishments per G.L. c. 94G, including but not limited to the following:
• Replace and/or modify the existing “Section III-K: Marijuana Establishments” with a new “Section III-K: Adult Use Marijuana Establishments” which address the following topics:
- Specify the purpose, scope, and/or objective;
- Specify the applicability of the provisions;
- Specify the relationship with underlying districts and regulations;
- Create, amend, and/or add definitions;
- Specify the place, time and/or manner;
- Create and/or specify the regulation of the use(s), including but not limited to any special provisions and/or limitation of the use(s) such as creating a use regulation table, establishing buffer zones, relationship to existing uses, location to other similar establishments, and/or other special provision regarding where such uses can be located or operated;
- Create and/or specify the special Permit and/or site plan requirements and/or process;
- Create and/or specify provisions, if any, for licensing requirements, community
outreach, community host agreement, energy use, parking and traffic impacts, waiver provisions, enforcement, inspections, screening and/or other visual impacts, signage, and/or other neighborhood and abutter protections; and/or
• Amend and/or modify the Town of Natick Zoning Bylaw to create one or more Adult
Use Marijuana Establishment overlay zoning district(s) in Section II – Use Districts, II-A
Types of Districts; and/or
• Amend the Town of Natick zoning map, as referenced under Section II-B Location of Districts (Zones) subsection 1 to locate one or more Adult Use Marijuana Establishment overlay zoning district(s) on parcels with current underlying zoning allowing commercial, retail, and/or industrial uses either by right or by special permit;
• And/or extend and/or modify an existing temporary moratorium regarding recreational marijuana establishments and related uses currently located in Section III-K: Marijuana Establishments of the Town of Natick Zoning Bylaws. The existing moratorium is in effect through December 31, 2018 or six (6) months from the date of adoption of regulations to implement the Acts by the Cannabis Control Commission, whichever is later. The proposed extension and/or modification of the existing moratorium shall be in
effect for a period up to, but not exceeding, an additional six (6) months from December 31, 2018, unless said moratorium is extended, modified or rescinded by a subsequent action of Town Meeting; or otherwise act thereon.

ARTICLE 3
Amend Zoning By-Law to create, extend, and/or modify the existing Temporary Moratorium Regarding Recreational Marijuana Establishments currently located in Section III-K: Marijuana Establishments of the Natick Zoning Bylaws
(Town Administrator)

To see if the Town will vote to amend the Natick Zoning By-Law pursuant to Chapter 334 of the Acts of 2016, subsequently amended, in part, by Chapter 351 of the Acts of 2016, entitled “An Act Further Regulating the Cultivation of Marijuana and Marihuana,” and by Chapter 55 of the Acts of 2017, entitled “An Act to Ensure Safe Access to Marijuana” (collectively, the “Acts”) by creating, extending and/or modifying an existing temporary moratorium regarding recreational marijuana establishments and related uses currently located in Section III-K: Marijuana Establishments of the Natick Zoning Bylaws. The existing moratorium is in effect through December 31, 2018 or six (6) months from the date of adoption of regulations to implement the
Acts by the Cannabis Control Commission, whichever is later. The proposed extension and/or modification of the existing moratorium shall be in effect for a period up to, but not exceeding, an additional six (6) months from December 31, 2018, unless said moratorium is extended, modified or rescinded by a subsequent action of Town Meeting; the purpose of said moratorium extension is to allow the Town of Natick adequate time to consider whether and/or how to allow, prohibit and/or regulate marijuana establishments and related uses as outlined in the Acts, in accordance with applicable state laws and regulations, and to undertake an appropriate planning process; or otherwise act thereon.

ARTICLE 4
Amend Town of Natick By-law Article 10: Board of Selectmen
(Town Administrator)
To see whether the Town will vote to amend the Town of Natick By-Laws, Article 10, Board of Selectmen by adding a new Section 5: Marijuana Licensing, the purpose of which shall be to create a local licensing process for Marijuana Establishments pursuant to G.L. c.94G Section 3 and 935 CMR 500, under the authority of the Board of Selectmen, to include provisions for regulations, hearings, applications, enforcement, limitation on licenses, and/or other requirements that may be adopted by the Board of Selectmen under such licensing authority; or otherwise act thereon.

Find the entire warrant here.

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