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.
Either way, an article is going to be on the Town Meeting warrant in January or May 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 in November, however, the Planning Board recently mulled whether it is best to move forward with the moratorium in January or May.
State legislature recently took a vote to extend the freeze deadline of the sale of recreational marijuana from Jan. 1, 2018 to June 1, 2018. The question for the planners is should they push the moratorium vote back to May Town Meeting, with timing guidelines in mind.
Planning Board Chair Barbara L'Heureux thoroughly explained the potential decision to delay the vote, referencing that if the town decides to do a referendum vote regarding the sale of marijuana, the town can't do that until the next bi-annual state election, which is in November 2018.
"I want to make sure our moratorium will cover us until that date, in case we decided to do a referendum," remarked Chair L'Heureux.
The moratorium for the town is phrased at this point so it is effective for 18 months from when it is voted, or six months after the state regulations are finalized. The 18 months from January Town Meeting would not cover the town until September 2018 (the latest a moratorium can be implemented in this case), but 18 months from a vote at May Town Meeting would.
"That is why we are considering that, but we are checking with town council to make sure we are doing everything correctly," assured Chair L'Heureux, noting the board will likely vote on when to take the moratorium to Town Meeting at their next meeting on Jan. 19.
The board voted unanimously to continue this matter to its next meeting on Jan. 19.
How we got here
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.
It is now legal to possess and use marijuana, but it does not become legal to sell within communities until formal rules and regulations are crafted and implemented.
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.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Planners Weigh Marijuana Moratorium Voting Options
Author: Mark Biagiotti
Contact: 781-933-3700
Photo Credit: Getty Images
Website: Home News Here
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.
Either way, an article is going to be on the Town Meeting warrant in January or May 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 in November, however, the Planning Board recently mulled whether it is best to move forward with the moratorium in January or May.
State legislature recently took a vote to extend the freeze deadline of the sale of recreational marijuana from Jan. 1, 2018 to June 1, 2018. The question for the planners is should they push the moratorium vote back to May Town Meeting, with timing guidelines in mind.
Planning Board Chair Barbara L'Heureux thoroughly explained the potential decision to delay the vote, referencing that if the town decides to do a referendum vote regarding the sale of marijuana, the town can't do that until the next bi-annual state election, which is in November 2018.
"I want to make sure our moratorium will cover us until that date, in case we decided to do a referendum," remarked Chair L'Heureux.
The moratorium for the town is phrased at this point so it is effective for 18 months from when it is voted, or six months after the state regulations are finalized. The 18 months from January Town Meeting would not cover the town until September 2018 (the latest a moratorium can be implemented in this case), but 18 months from a vote at May Town Meeting would.
"That is why we are considering that, but we are checking with town council to make sure we are doing everything correctly," assured Chair L'Heureux, noting the board will likely vote on when to take the moratorium to Town Meeting at their next meeting on Jan. 19.
The board voted unanimously to continue this matter to its next meeting on Jan. 19.
How we got here
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.
It is now legal to possess and use marijuana, but it does not become legal to sell within communities until formal rules and regulations are crafted and implemented.
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.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Planners Weigh Marijuana Moratorium Voting Options
Author: Mark Biagiotti
Contact: 781-933-3700
Photo Credit: Getty Images
Website: Home News Here
