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Groton City Zoning Code

§ 218-10.4

Marijuana establishments.

A. 
Purpose.
(1) 
To provide for the placement of marijuana establishments in appropriate places and under conditions in accordance with the provisions of Massachusetts General Law Chapter 94G.
(2) 
To minimize the adverse impacts of marijuana establishments on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other sensitive land uses.
(3) 
To regulate the siting, design, placement, security, safety, monitoring, modification, and discontinuance of marijuana establishments.
B. 
Applicability.
(1) 
No marijuana establishment shall be established except in compliance with the provisions of § 218- 5.2 (Schedule of Use Regulations) and this § 218-10.4 (Marijuana establishments).
(2) 
If any provision of this section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.
C. 
General requirements and conditions for all marijuana establishments.
(1) 
All marijuana establishments shall be contained within a building or structure.
(2) 
The hours of operation of marijuana establishments shall be set by the special permit granting authority.
(3) 
No marijuana establishment entrance shall be located closer than 500 feet from the entrance of a preexisting public or private preschool, school providing education in kindergarten or any grades 1 through 12, junior college, college, licensed day-care center, church, library, park, playground, or other marijuana establishment. Distance shall be measured in a straight line from the geometric center of the marijuana establishment's entrance door to the geometric center of the entrance door or primary public entrance location of the nearest facility listed in the previous sentence, unless there is an impassable barrier within those 500 feet that renders any part of the 500-foot straight-line distance inaccessible by a pedestrian or automobile, in which case the 500-foot distance shall be measured along the center of the shortest publicly accessible pedestrian travel path from the geometric center of the marijuana establishment's entrance door to the geometric center of the entrance door or primary public entrance location of the nearest facility listed in the previous sentence.
[Amended 4-30-2022 ATM by Art. 12]
(4) 
The on-site consumption of marijuana at all licensed marijuana establishments is prohibited in the Town of Groton.
(5) 
The maximum number of licensed marijuana establishments in the Town of Groton shall be consistent with the following provisions:
(a) 
The number of nonretail marijuana establishments shall not exceed one.
(6) 
No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a marijuana establishment with the exception of product testing performed at a licensed testing facility.
(7) 
No marijuana establishment shall be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck.
(8) 
Marijuana establishments shall be located within a permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure. Marijuana establishments shall not have drive-through service.
(9) 
No outside storage of marijuana, related supplies or promotional materials is permitted.
(10) 
All marijuana establishments shall be ventilated in such a manner that no:
(a) 
Pesticides, insecticides, or other chemicals or products used in cultivation or processing are dispersed into the outside atmosphere.
(b) 
Odor from marijuana can be detected by a person with a normal sense of smell at the exterior of the marijuana establishment or at any adjoining use or property.
D. 
Special permit requirements.
(1) 
A marijuana establishment shall only be allowed by special permit from the Planning Board in accordance with MGL c. 40A, § 9, and § 218 2.3 (Special permits) of this chapter subject to the following statements, regulations, requirements, conditions and limitations.
(2) 
No special permit for any marijuana establishment shall be issued without major site plan approval having been obtained from the Planning Board, § 218-2.5, Site plan review, of this chapter. In addition to the standards set forth within, the site plan must meet all dimensional, parking, landscaping, and signage requirements within this chapter.
(3) 
A special permit for a marijuana establishment shall be limited to one or more of the following uses that shall be prescribed by the special permit granting authority:
(a) 
Marijuana cultivator.
(b) 
Marijuana testing facility.
(c) 
Marijuana research facility.
(d) 
Marijuana product manufacturer.
[Added 10-23-2021 ATM by Art. 16]
(e) 
Marijuana retailer.
[Added 10-23-2021 ATM by Art. 16]
(f) 
Marijuana transportation or distribution facility.
[Added 10-23-2021 ATM by Art. 16]
(g) 
Any other type of licensed marijuana-related business.
[Added 10-23-2021 ATM by Art. 16]
(4) 
In addition to the application requirements set forth above, a special permit application for a marijuana establishment shall include the following:
(a) 
The name and address of owner(s) of the establishment;
(b) 
Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts Cannabis Control Commission and any of its other agencies for the establishment;
(c) 
Evidence of the applicant's right to use the site of the establishment for the establishment, such as a purchase and sale agreement, deed, owner's authorization, or lease;
(d) 
Proposed security measures for the marijuana establishment, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft. A letter from the Town of Groton Police Chief, or designee, acknowledging review and approval of the marijuana establishment security plan is required. To the extent allowed by law, all such documents shall be confidential.
(e) 
All application requirements for major site plan review as specified in § 218-2.5D(2) of this chapter unless certain nonapplicable requirements are waived by the Planning Board.
(5) 
Mandatory findings. The special permit authority shall not issue a special permit for a marijuana establishment unless it finds that:
(a) 
The establishment is designed to minimize any adverse impacts on abutters and other parties in interest, as defined in MGL c. 40A, § 11.
(b) 
The establishment demonstrates to the satisfaction of the Planning Board that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will comply with all applicable state laws and regulations; and
(c) 
The applicant has satisfied all of the conditions and requirements set forth herein.
(6) 
A special permit granted under this section shall have a term limited to the duration of the applicant's ownership of the premises as a marijuana establishment. A special permit may be transferred only with the approval of the special permit granting authority in the form of an amendment to the special permit with all information required.
E. 
Abandonment or discontinuance of use.
(1) 
A special permit shall lapse if a final license has not been issued by the Cannabis Control Commission pursuant to CMR 500.103 within one year of issuance. The Planning Board may grant an extension if the applicant can demonstrate that despite diligent effort circumstances beyond their control have prevented the issuance of a final license and demonstrates to the satisfaction of the Planning Board that issuance of a final license is highly probable.
(2) 
A marijuana establishment shall be required to remove all material, plants, equipment and other paraphernalia within six months of ceasing operations.