Littleton City Zoning Code

Marijuana Cultivator;

Craft Marijuana Cooperative;

Marijuana Product Manufacturer;

Marijuana Research Facility;

Marijuana Laboratory, including a Standards Laboratory or an Independent Testing Laboratory;

Marijuana Transporter;

Marijuana Microbusiness;

Marijuana Delivery Licensee, including Marijuana Courier and Marijuana Delivery Operator; and

Medical Marijuana Treatment Center.

A copy of the final, executed Host Community Agreement ("HCA") or HCA waiver, as applicable, between the applicant and the Town of Littleton.

A written description of the status of its application to the Cannabis Control Commission relative to the establishment at issue, or a copy of such license, as applicable.

A list of any waivers of regulations that the applicant seeks to obtain from the Cannabis Control Commission, or a copy of any such waivers that the Commission has issued to the applicant, as applicable.

Copies of all policies and procedures approved by the Cannabis Control Commission including without limitation the Marijuana Establishment or MTC's operating and safety procedures, or copies of such policies and procedures that the applicant intends to submit to the Commission, as applicable.

For applications that propose cultivation, information demonstrating that the applicant has considered the following factors in its design and its operating plan:

For establishments that propose the cultivation, processing, or manufacturing of marijuana, an odor control plan that incorporates the best available control technology to ensure that emissions do not violate MGL c. 111 and § 173-200J.

The quantity and source or sources of all marijuana and marijuana products that will be sold, as applicable.

The quantity of marijuana and marijuana products that will be cultivated, processed, manufactured, packaged, transported, tested, or studied, as applicable.

Written statement confirming that no marijuana or marijuana products will be smoked, burned, or consumed on the premises as part of the cultivation, manufacturing, testing or researching operations, as applicable, or a statement explaining how any such uses have been authorized by the Cannabis Control Commission.

Names and addresses of each owner, and where the owner is a business entity, the names and address of each owner of that establishment.

If applicable, a copy of the Applicant's Articles of Organization, a current Certificate of Legal Existence from the Commonwealth, and the most recent annual report.

Copies of all licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies.

Evidence that the applicant has site control and the right to use the proposed site as a Marijuana Establishment or MTC. Such evidence shall be in the form of a deed, purchase and sale agreement, lease, or other legally binding document.

In addition to what is otherwise required to be shown on a site plan pursuant to Article IV, the applicant shall provide details showing all exterior proposed security measures for the premises, including but not limited to lighting, fencing, gates and alarms to ensure the safety of employees and patrons and to protect the premises from theft or other criminal activity. The site plan shall further delineate various areas of the Marijuana Establishment or MTC (indoors and outdoors) such as public access areas, employee only access areas, storage, cultivation, preparation, waste disposal, administrative, transportation, loading and parking areas. Site plans and/or application narrative shall contain sufficient information so that the SPGA can evaluate the design and operational standards contained in this Article XXVIII.

In addition to what is otherwise required to be shown on a site plan pursuant to Article IV, an applicant that proposes to provide delivery of cannabis or marijuana to consumers located off site (home delivery) shall include on the plans submitted to the SPGA any loading area to be used in connection with the home delivery operation, whether conducted by the establishment itself or a Marijuana Delivery Licensee, and/or the area where the establishment will park vehicles used for home delivery, including overnight parking. The applicant shall also provide a narrative description of how cannabis or marijuana will be loaded onto such vehicles for delivery. Additional traffic flow data shall be available upon request of the SPGA.

Certification to the SPGA that the applicant has filed copies of the special permit application as required by § 173-199D.

No Marijuana Establishment or MTC shall be located within 500 feet of any lot containing a licensed child care facility; public park, playground, athletic field or other public recreational land or facility; any use or facility where persons under the age of 18 commonly congregate to participate in scheduled or structured activities; religious facility; drug or alcohol rehabilitation facility; correctional facility, halfway house or similar facility; or any other non-collocated Marijuana Establishment or MTC. For purposes of § 173-200A(1), distances shall be measured in a straight line from the nearest point of the property line in question to the nearest point of the property line where the Marijuana Establishment or MTC is or will be located.

No Marijuana Establishment or MTC shall be closer than 500 feet from the nearest school entrance, defined as the entrance(s) that provide ingress and egress to students of the preexisting public or private or private school providing education in kindergarten or any grades 1 through 12 at the time of the newspaper publication of the proposed Marijuana Establishment or MTC's community outreach meeting. For purposes of § 173-200A(2), the buffer zone distance of 500 feet shall be measured in a straight line from the geometric center of the Marijuana Establishment or MTC's entrance, meaning the means the entrance or entrances that provides ingress and egress to Consumers, Registered Qualifying Patients and Caregivers to the Marijuana Establishment or MTC, to the geometric center of the nearest school entrance, unless there is an impassable barrier within those 500 feet; in these cases, the buffer zone distance shall be measured along the center of the shortest publicly accessible pedestrian travel path from the geometric center of the Marijuana Establishment or MTC's entrance to the geometric center of the nearest school entrance. As used in this subpart, impassable barrier shall mean a highway, public or private way or path, inaccessible structure, body of water, or other obstruction that renders any part of the 500-foot straight-line distance between a Marijuana Establishment or MTC's entrance and a school entrance inaccessible by a pedestrian or automobile.

Issuance of a special permit for a Marijuana Establishment to an entity with an existing MTC in Littleton.

Renewal of a special permit for an existing Marijuana Establishment or MTC where the use has been established after issuance of the original special permit.

Change of permit holder for an existing Marijuana Establishment or MTC where the use has been established after issuance of the original special permit.

Where the SPGA determines that reduction in the minimum distance is necessary for purposes of maintaining consistency with state law and siting of Marijuana Establishments or MTCs.

The applicant demonstrates to the satisfaction of the SPGA that application of § 173-200A will effectively prohibit the placement of a MTC within the Town.

The Marijuana Establishment or MTC shall operate within an enclosed structure. For purposes of this section, greenhouse shall qualify as an enclosed structure; provided § 173-200J(2) and (3) are satisfied.

The Marijuana Establishment or MTC shall incorporate the best available control technology to ensure that emissions do not violate MGL c. 111.

The Marijuana Establishment or MTC shall utilize the best available control technology to ensure that no odor from marijuana can be detected by a person with a normal sense of smell at the property line.

Minimization of the impacts of increased noise and traffic.

Imposition of security precautions related to the high value of products and case transactions.

Deterring the presence of unauthorized or ineligible persons at, or near, the Marijuana Establishment or MTC.

Imposition of measures to prevent diversion of marijuana and marijuana products.

Conditions related to the design and construction of the facility to improve safety, security and conformance with community character.

Conditions, consistent with the State Building Code, relating to energy efficiency and conservation.

Conditions required to addressed impacts to air quality, including the imposition of odor control technologies and devices.

Hours of operation, including dispatch for any home delivery.

Compliance with the Host Community Agreement.

The submission of a copy of the license from the Cannabis Control Commission with the SPGA and the Building Commissioner prior to the issuance of a building permit, certificate of occupancy, or commencement of use, whichever occurs first.

The reporting of any incidents to the Littleton Police Department as required pursuant to 935 CMR 500.110(9) and 501.110(9) and within 24 hours of their occurrence. Such reports may be redacted as necessary to comply with any applicable state or federal laws or regulations.

The reporting of any cease and desist order, quarantine order, suspension order, limiting sales order, notice of hearing or final action by the Cannabis Control Commission or the Division of Administrative Law Appeals, as applicable, regarding the Marijuana Establishment to the Building Commissioner within 48 hours of the applicant's receipt.

Copies of all reports submitted to any state agency, including, but not limited to, the reports required by 935 CMR 500.105(10)(d) and 501.105(10)(d) describing the establishment's liability insurance coverage and the annual security system audits required by 935 CMR 500.110(10) and 501.110(10) shall be submitted to the SPGA within five business days of submission to the State. Such reports may be redacted as necessary to comply with any applicable state or federal laws or regulations.

Documentation to the SPGA that each Marijuana Establishment Agent or MTC Agent has completed training regarding the proper handling of marijuana prior to performing job functions. Such documentation must be provided to the Select Board within five business days of the completion of such training. Annually, the establishment shall provide documentation to the SPGA and the Select Board that all Marijuana Establishment Agents and MTC Agents have received at least eight hours of on-going training.

The special permit shall expire within five years of the date of issue. If the applicant wishes to renew the special permit, an application to renew must be submitted at least 120 days prior to the expiration of the special permit.

Special permits shall be limited to the original applicant(s) and shall expire on the date the special permit holder ceases operation of the Marijuana Establishment or MTC.

The holder of a special permit shall annually file an affidavit with the Building Commissioner demonstrating that it is in good standing with respect to its license from the Cannabis Control Commission and any other applicable State licenses.

The holder of a special permit shall notify the Building Commissioner and the SPGA in writing within 48 hours of the cessation of operation of the Marijuana Establishment or MTC, or the expiration or termination of the permit holder's license from the Cannabis Control Commission.

The special permit shall expire upon the expiration or termination of an applicant's license from the Cannabis Control Commission.