Planners Seek To Shelve Medical Marijuana Zone

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The Planning Board last night voted to recommend a 1-year moratorium for medical marijuana shops in the city while the state works out new regulations.

The board voted, 7-0, to endorse Planning Director Edmund Tarallo's suggestion that will keep marijuana shops out of the city until at least Jan. 2, 2014.

The Planning Board is acting in an advisory role to the City Council, which is considering a zoning change proposed by three aldermen that would limit medical marijuana uses to the Industrial Park-2 zone in the northeast section of the city.

Tarallo suggested, however, the city ought to impose a 1-year moratorium while the state Dept. of Public Health authors regulations for marijuana uses.

"It would be inappropriate to establish a (city) regulation without knowing what the state regulations are," said Tarallo.

In November, voters approved a referendum question that would allow marijuana to be sold for medicinal purposes. Since then, some communities have been scrambling to devise regulations that limit, and in some instances, keep out where medical marijuana is sold.

City Council President Paul Denaro, Ward 4 Alderman Michael Anderson and Ward 6 Alderman Michael Raymond subsequently sponsored a zoning ordinance that would limit medical marijuana shops to the IP-2 zone. Also, medical marijuana uses cannot be located within 1,000 feet of a residential zoning district, public or private school, or a church or similar religious facility, or 2,000 feet from a public park, playground, nursery school or day care center.

There is only one IP-2 district in the city, in the Commerce Way/Presidential Way area. The IP-2 classification was created about a dozen years ago as the city's designated location for so-called adult uses, at the time in response to an adult bookstore opening on Main Street in Reading by the North Reading line. The bookstore closed after a fire.

"What we're trying to do is get a handle on it," Planning Board member Michael Ventresca said. "Without this, they (medical marijuana shops) could file to go wherever they want to."

Tarallo said communities have been taking different approaches to potential medical marijuana uses, either allowing them in certain locations, a complete ban or a moratorium. He noted the state attorney general may have to strike local regulations that involve a complete ban.

Confining the uses to certain zoning locations may be premature, Tarallo said, since the Dept. of Public Health has yet to issue its guidelines, which are expected sometime in May.

"No one has a license to do this because there are no regulations to get the license," he said. "Do you lead with a (local) regulation that may or may not be legal, or do you (impose a moratorium)?"

Planning Board member Claudia Leis Bolgen asked if there was a location in the IP-2 zone that fits the other restrictions of the ordinance proposed by the three aldermen.

"There is no one who can tell us whether the combination of (the distance requirements) results in a physical location that may or may not result in an actual place," she said.

If the council were to adopt regulations that effectively zone-out medical marijuana, they might be considered the same as an outright ban which could be stricken.

The only person from the audience who spoke during the public hearing was Central Court resident William Stafford, who said he was opposed to medical marijuana shops opening in the city.

"The voters passed it, and unfortunately we have to deal with it," said Stafford.

Stafford also noted that the state regulations may be in conflict with federal law, under which marijuana use is still illegal.

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Website: Planners seek to shelve medical marijuana zone - Daily Times Chronicle: Woburn
 
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