Wellfleet Town City Zoning Code
ARTICLE IX
Overlay Districts
§ 235-9.1 Wellhead Protection District.
A.
Purpose. The purpose of this section is to protect the health, safety, and welfare of the community by ensuring that development and redevelopment in this district will not prohibit the siting of a well serving a public water system.
B.
Districts established.
(1)
For the purposes of this section, there are hereby established in the Town of Wellfleet two Wellhead Protection Districts which are overlay districts superimposed on the zoning districts. The Wellhead Protection Districts consist of:
(a)
District I - the land bounded by LeCount Hollow Road from 150 feet west of its intersection with Ocean View Drive to State Route 6; State Route 6 from LeCount Hollow road to Old County Road; Old County Road from State Route 6 to Cahoon Hollow Road; Cahoon Hollow Road from Old County Road to a point 150 feet west of its intersection with Ocean View Drive; a line 150 feet west of Ocean View Drive running from Cahoon Hollow Road to LeCount Hollow Road, excluding any land that lies in a Commercial District on the effective date of this bylaw.
(b)
District II - the land within a 1/2 mile radius of the Coles Neck well.
(2)
The Wellhead Protection Districts established by this section are shown on the Town of Wellfleet Zoning Map, which is on file in the office of the Town Clerk.
(3)
These overlay districts shall apply to all new construction, reconstruction or expansion of existing buildings and new or expanded uses.
C.
Boundaries. If the Wellhead Protection District boundary passes through a lot which cannot be subdivided, the entire lot shall be deemed to be within the Wellhead District. If the Wellhead Protection District boundary passes through a lot which may be subdivided, such lot shall be comprised of a portion of the Wellhead Protection District as delineated by the District boundary; and if such a lot is subsequently subdivided, any created lots will be treated in the same way as a lot which cannot be subdivided.
D.
Use regulations.
(1)
Allowed:
(a)
All uses permitted in the underlying zoning districts except those uses specifically prohibited herein shall be allowed in a Wellhead Protection District. Nothing contained in the following list would prohibit uses customarily incidental to the principal use of land for residential purposes. New residential development, and maintenance, repair and alteration of existing structures are allowed with appropriate permits.
(b)
Nothing contained in the following list would prohibit uses customarily incidental to the use of land for outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted; foot, bicycle and/or horse paths and bridges.
(c)
For purposes of this § 235-9.1, "normal household use and household quantity of hazardous material or waste" means any or all of the following:
[1]
550 gallons or less of oil on site at any time to be used for heating of a structure or to supply an emergency generator; and
[2]
25 gallons (or the dry weight equivalent) or less of other hazardous materials on site at any time, including oil not used for heating or to supply an emergency generator; and
[3]
A quantity of hazardous waste at the very small quantity generator level as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.353.
[4]
Change in ownership shall require conversion to a double-wall oil tank.
(d)
For purposes of this § 235-9.1, "commercial" means requiring use, generation or storage of hazardous materials or waste in quantities greater than those allowed for normal household use and household quantities.
(2)
Prohibited:
(a)
Landfills and open dumps as defined in 310 CMR 19.006;
(b)
Landfilling of sludge or septage as defined in 310 CMR 32.05;
(c)
Automobile recycling, automobile graveyards and junkyards as defined in MGL c. 140B, § 1;
(d)
Stockpiling and disposal of snow and ice from highways and streets located outside of the Wellhead Protection District that contain de-icing chemicals such as sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal;
(e)
Sales, storage or transportation of liquid petroleum products of any kind, except those incidental to:
[1]
Normal household use;
[2]
The heating of a structure; or
[3]
Required waste oil retention facilities;
(f)
Storage of sludge or septage;
(g)
Storage or disposal of road salt or de-icing chemicals unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(h)
Storage of animal manure except when associated with a permitted use, in accordance with the Board of Health standards for best management practices;
(i)
Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21E, except the following licensed or permitted activities:
[1]
Very small quantity generators (VSQG) as defined under 310 CMR 30.00;
[2]
Waste oil retention facilities required by MGL c. 21, § 52A; and
[3]
Water remediation treatment works approved under 314 CMR 5.00;
[4]
Home occupations and service trades operating in accordance with VSQG codes and the Wellfleet Zoning Bylaws and Board of Health Regulations;
(j)
Storage of pesticides, herbicides, fertilizers and soil conditioners, except for normal household use or for use in agriculture, horticulture, floriculture or viticulture on parcels of land of more than five acres, provided storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(k)
The use, generation, storage, treatment or disposal of toxic or hazardous materials or wastes in quantities greater than those associated with normal household use;
(l)
The removal of soil, loam, sand, gravel or any other mineral substances within four feet of the historical high groundwater table elevation (as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey), unless the substances removed are redeposited within 45 days of removal on site to achieve a final grading greater than four feet above the historical high water mark, and except for excavations for the construction of building foundations or the installation of utility works;[1]
[1]
Note: In approving Subsection (l), the Attorney General calls our attention to the protections accorded to agriculture under state law. MGL c. 40A, § 3, provides protection to agriculture and provides in pertinent part as follows:
No zoning. . . bylaw shall . . .prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture; . . .except that all such activities may be limited to parcels of more than five acres in area not zoned for agriculture, horticulture, floriculture, or viticulture.
General Laws c. 40A, § 3, states that all agricultural uses must be allowed as of right on land zoned for agriculture and on land that is greater than five acres in size; therefore, a municipality cannot restrict agricultural uses in those areas. A municipality is allowed to restrict agricultural uses on land less than five acres that is not zoned for agriculture. Thus, it would be inconsistent with state law to prohibit, require a special permit, or unreasonably regulate agricultural uses that enjoy the protections accorded under MGL c. 40A, § 3.
Depending on the circumstances, earth removal activities may qualify as normal and customary maintenance and improvement of agricultural land. Earth removal may be necessary for a number of agricultural purposes, e.g., leveling of land for growing areas and preparing land for farm structures. In those instances, it would be inconsistent with MGL c. 40A, § 3, to prohibit such earth removal activities. Thus, they remind the Town to apply Subsection (l) in a manner consistent with the protections accorded to agriculture under state law.
(m)
Underground fuel storage tanks except as required for the use of liquid propane for normal residential use, the heating of a structure or to supply an emergency generator;
(n)
Storage for resale of heating fuels, including but not limited to oil, coal, gas and kerosene;
(o)
Metal plating, finishing and polishing;
(p)
Chemical and bacteriological laboratories;
(q)
Commercial boat, motor vehicle, and aircraft cleaning, service and repair;
(r)
Commercial furniture stripping, painting and refinishing;
(s)
Treatment or disposal works that are subject to 314 CMR 5.00, Groundwater Discharge Permit Program, except the following:
[1]
The replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s);
[2]
The placement of an existing subsurface sewage disposal system(s) with wastewater treatment works with a design capacity no greater than the design capacity of the existing system(s);
[3]
Treatment works approved by the Department of Environmental Protection (DEP) designed for the treatment of contaminated ground or surface waters;
(t)
Auto service or repair, trucking and bus terminals, gas stations, commercial laundry, dry cleaning establishments, car washes, airports, commercial accommodations, industrial and commercial uses which discharge process wastewater on-site; parking lots set apart primarily to accommodate off-site activities.
(u)
Individual sewage disposal systems that are designed to receive more than 110 gallons of sewage per quarter acre under ownership per day, or 440 gallons of sewage on any one acre under one ownership per day, whichever is greater, provided that:
[1]
Replacement or repair of a system, which will not result in an increase in design capacity over the original design capacity of 310 CMR 15.00, whichever is greater, shall be exempted; and
[2]
In cluster subdivisions the total sewage flow shall be calculated based on the number of percable lots in the entire parcel;
[3]
Lots which are protected by the provisions of MGL c. 111, § 127P as of the effective date of this bylaw shall be permitted to install individual sewage disposal systems in accordance with the applicable provisions of the State Sanitary Code during the period of protection if any;
[4]
Alternative sewage disposal systems meeting the requirements of and approved by the Board of Health;
(v)
Any floor drainage systems in existing facilities, in facilities, in industrial or commercial process areas or hazardous material and/or hazardous waste storage areas which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the State Plumbing Code, 248 CMR 10.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies;
(w)
Any other use which involves as a principal activity or use the generation, storage, use, treatment, transportation or disposal of hazardous materials.
(3)
Lot coverage. Unless the applicant demonstrates that all run-off is recharged on-site, no more than 15% of the total area of any lot shall be rendered impervious by the installation of buildings, structures and paved surfaces. If all recharge is disposed of on-site, no more than 50% of the total upland area of any lot shall be made impervious by the installation of buildings, structures, and paved surfaces.
(4)
Site clearing. A minimum of 30% of the total upland area of any lot shall be retained in its natural state. This shall not prevent the removal of dead, diseased or damaged trees.
(5)
Exemptions. The Zoning Board of Appeals may grant a special permit to exempt a use from the requirements of this section, provided that the applicant demonstrates that the proposed use at that location cannot adversely affect any developed or planned public water supply. Applications for such a special permit shall be referred to the Water Commissioners, Conservation Commission, Planning Board and Board of Health within seven days of their receipt for their review and comment prior to the conclusion of the Zoning Board of Appeals' hearing on the proposal. Failure by any of the above-named commissions or boards to respond to the Zoning Board of Appeals within 45 days shall be considered a confirmatory response.
§ 235-9.2 Main Street Overlay District.
[Added 4-25-2006 ATM]
A.
Purpose and intent. This bylaw enables the development and redevelopment of Wellfleet's village center (a portion of Main Street) in keeping with its historic development patterns, including the size and spacing of structures and open spaces.
B.
Overlay district defined. The Main Street Overlay District shall extend along the south side of Main Street, one lot in depth, from Bank Street to Holbrook Avenue. The Main Street Overlay District established by this section is shown on the Town of Wellfleet Zoning Map, which is on file in the office of the Town Clerk. Within the Main Street Overlay District, special permits are required under this bylaw for all uses and structures required to obtain a special permit by the underlying Central District zoning district.
C.
Special permit granting authority. The special permit granting authority for this bylaw shall be the Zoning Board of Appeals.
D.
Special permit criteria. In addition to the special permit criteria listed in § 235-8.4B of this Zoning Bylaw, applicants for special permits in the Main Street Overlay District must meet the following requirements:
(1)
Pedestrian access. Provision for safe and convenient pedestrian access shall be incorporated into plans for new construction of buildings and parking areas and must be designed in concert with landscaping plans noted below. New construction should be considerate of pedestrian access to buildings, sidewalks and parking areas and should be completed with considerations of pedestrian safety, handicapped access and visual quality.
(2)
Landscaping and appearance. Landscape design plans should ordinarily be prepared by a landscape architect, although the Zoning Board of Appeals may accept a plan prepared by one other than a landscape architect if it believes the plan meets the design guidelines noted below and is in concert with the intent of this regulation.
(a)
A landscaped buffer strip or some other type of screening may be required adjacent to adjoining properties. This buffer strip shall be planted with a combination of grass, appropriate height shrubs, shade trees or other type of screening.
(b)
Exposed storage areas, machinery, garbage "dumpsters," service areas, truck loading areas, utility buildings and structures shall be screened from the view of abutting properties and streets using plantings, fences and other methods compatible with the goals of this regulation.
(c)
To ensure that landscaped areas are maintained, the Zoning Board of Appeals shall include as a provision of any special permit granted that a condition of said special permit is the maintenance of the landscaping as approved by the Zoning Board of Appeals.
E.
Height, setback and building coverage within the Main Street Overlay District:
(1)
Height. The maximum height of any new or expanded existing structure shall be 28 feet.
(2)
Minimum yard requirements. The front yard setback of any new or expanded existing structure may be reduced to a zero line setback to continue the existing development pattern. The side yard setback shall be six feet, and the rear line setback shall be 15 feet.
(3)
Building coverage. Maximum building coverage within the Main Street Overlay District shall be 33%. Building coverage shall be calculated using the entire area of the lot (upland and lowland), exclusive of any areas on a street or way open to the public.
F.
Parking requirements. Recognizing that parking requirements in the underlying zoning district may hamper development of village-style land use and development, the Zoning Board of Appeals is authorized to reduce or waive the parking requirements specified for the use or structure proposed. In determining the appropriate reduction, if any, the Zoning Board of Appeals may give consideration to the hours of usage of the proposed use or structure, hours of usage of other uses or structures within the Main Street Overlay District, amount of "shared" parking with other uses, the opinions of merchants, residents and municipal officials as to the adequacy or inadequacy of parking spaces within the specific area of the proposed use or structure, as well as other relevant information to assist the Zoning Board of Appeals in determining the need for additional parking for motor vehicles.
G.
Allowable uses. Recognizing that village-style development entails a mixture of uses, the Zoning Board of Appeals is authorized to allow a mix of residential and nonresidential land uses within the Main Street Overlay District. Allowable uses shall be those listed in the underlying Central District within § 235-5.3 of this Zoning Bylaw and the following:
(1)
Conversion of dwelling unit.
(2)
Arcade.
(3)
Inn.
(4)
Restaurant, indoor.
(5)
Guesthouse, private.
(6)
Guesthouse, public.
(7)
Nursing home.
H.
Severability. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of Wellfleet's Zoning Bylaw.
§ 235-9.3 Medical Marijuana Overlay District (MMOD).
[Added 4-28-2014 ATM]
A.
Establishment. The Medical Marijuana Overlay District (MMOD) is established as an overlay district, which is shown on the Zoning Map on file with the Town Clerk. Within the MMOD, all requirements of the underlying district(s) remain in effect, except where these regulations provide an alternative to such requirements. If the provisions of the MMOD are silent on a zoning regulation, the requirements of the underlying district shall apply. If the provisions of the MMOD conflict with the requirements of the underlying district, the requirements of the MMOD shall control. Land within the MMOD may be used either for (1) a registered marijuana dispensary (RMD), in which case the requirements set forth in this section shall apply; or (2) a use allowed in the underlying district, in which case the requirements of the underlying district shall apply.
B.
Purpose. To provide for the location of RMDs in accordance with the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et seq., in locations suitable for lawful RMDs and to minimize adverse impacts of RMDs on adjacent properties, residential neighborhoods, historic sites, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security, modification and removal of RMDs.
C.
Definitions. Where not expressly defined in the Zoning Bylaws, terms used in the MMOD Bylaw shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et seq., and the Commonwealth of Massachusetts Department of Public Health (MDPH) Regulations promulgated thereunder, 105 CMR 725.001 et seq., as they may be amended or superseded, and otherwise by their plain language.
REGISTERED MARIJUANA DISPENSARY (RMD)
Also known as a "medical marijuana treatment center," means a not-for-profit entity registered under 105 CMR 725.100 that acquires, cultivates, possesses, processes [including development of related products such as edible marijuana-infused products (MIPs), tinctures, aerosols, oils, or ointments], transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to a site of dispensing, cultivation, and/or preparation of marijuana, which site is expressly designated in the Certification of Registration issued by the MDPH.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
As used in this § 235-9.3, the Town of Wellfleet Zoning Board of Appeals.
STATE LAW
Collectively, MGL c. 94C, App. § 1-1 et seq. and the MDPH Regulations promulgated thereunder, 105 CMR 725.001 et seq., as they may be amended or superseded, and any successor or re-codified version of any regulation issued by an agency of the Commonwealth of Massachusetts with jurisdiction for certifying or regulating the production and/or sale of marijuana for medical use.
D.
Location.
(1)
The MMOD consists of certain portions of the land within the C and C-2 District, as follows:[1]
(a)
Commercial District. The land described in the Town of Wellfleet Zoning Bylaw, District Descriptions, as Subsections (2) and (3); and
(b)
Commercial 2 District. The land described in the Town of Wellfleet Zoning Bylaw, District Descriptions, as Subsection (1).
[1]
Editor's Note: See the district descriptions in Appendix A, included as an attachment to this chapter.
(2)
An RMD may be permitted in the MMOD pursuant to a special permit granted pursuant to this § 235-9.3 and § 235-8.4B of the Wellfleet Zoning Bylaws.
(3)
An RMD may not be located within 300 feet of the following:
(a)
School, including a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university;
(b)
Child-care facility;
(c)
Playground;
(d)
Youth center;
(e)
Public beach or pond; or
(f)
Other facility in which minors commonly congregate, excluding the Cape Cod National Seashore and the Cape Cod Rail Trail.
(g)
Notwithstanding the above, the properties separated by U.S. Route 6 from an RMD shall be excluded from this list of protected uses.
(4)
The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses identified in Subsection D(3) to the nearest point of the property line of the proposed RMD.
(5)
A special permit issued pursuant to this section may, at the discretion of the SPGA, provide for reduction of the distance from protected uses pursuant to Subsection D(3) by no more than 25%, provided that:
(a)
The applicant demonstrates that the RMD would otherwise be effectively prohibited within the municipality; and
(b)
The applicant demonstrates that the RMD will employ adequate security measures to prevent diversion of marijuana to minors or those who are not qualifying patients or customers pursuant to state law.
E.
General requirements and conditions.
(1)
All RMDs shall be contained within a building or structure, except that no RMD shall be located inside a building containing a residential unit, including transient housing such as motels and cottages, or in buildings that contain the office of a medical doctor or doctor of osteopathy or other professional practitioner authorized by state law to issue a certification for a qualifying patient for the use of marijuana.
(2)
The hours of operation of an RMD shall be set by the SPGA, but in no event shall said RMD be open to the public between the hours of 8:00 p.m. and 8:00 a.m.
(3)
Except as specified in state law, no smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises or grounds of any RMD.
(4)
Signage for RMDs. In addition to meeting the requirements of state law and the Town of Wellfleet Zoning Bylaws, the following additional requirements and restrictions shall apply:
(a)
A sign visible from the exterior of the building in which the RMD is located shall be displayed either by posting on the building exterior in close proximity to the entrance or by placement in a window in close proximity to the entrance with the text facing and legible from the exterior, which states: "Registration card issued by the MA Department of Public Health required." The required sign shall not exceed six square feet in area, shall be easily readable, and shall not be included in the signage calculation in Subsection E(4)(b).
(b)
Exterior signage shall comply with Wellfleet Zoning Bylaws, except that:
[1]
No RMD shall have a permanent or temporary freestanding accessory sign or off-premises signage;
[2]
Permitted signage, excluding any state-required signage, shall be limited to 12 square feet in area;
[3]
In accordance with state law, no RMD external signage shall be illuminated except for a period of 30 minutes before sundown until closing.
(c)
Be in accordance with all other provisions of state law.
(5)
Fencing and gates shall be in accordance with state law and with all Town of Wellfleet Bylaws. To the extent practicable, fencing shall be consistent with the character of surrounding properties.
(6)
Landscaping shall be in compliance with Wellfleet Zoning Bylaws, except that in accordance with state law, RMDs shall maintain trees, bushes, and other exterior vegetation so that they do not allow for a person or persons to conceal themselves from sight.
(7)
Lighting shall be designed and maintained so as to protect adjacent properties and the night sky from intrusive lighting; however, in accordance with state law, the exterior perimeter of the RMD shall be sufficiently lit to facilitate surveillance.
(8)
Security and alarm systems for RMDs shall be in accordance with state law and Town of Wellfleet General Bylaws, and shall be adequate to prevent and detect diversion, theft, or loss of marijuana or unauthorized intrusion, utilizing commercial-grade equipment.
(9)
Pesticide and fertilizer storage and use shall be in accordance with state law and with all applicable state and local statutes, bylaws, and regulations.
(10)
Solid and liquid waste, including waste composed of or containing marijuana, finished marijuana, marijuana-infused product, or byproducts of marijuana processing shall be stored, secured, managed, and disposed of in accordance with state law and all other applicable statutes and bylaws and regulations of the Town.
(11)
In accordance with MGL c. 44, § 53G and regulations adopted by the Zoning Board of Appeals, the SPGA may engage, at the applicant's expense, professional and technical consultants, including legal counsel, to assist the SPGA Board with its review of any application pursuant to this bylaw. Failure of the applicant to pay for any such consultant review expense shall be grounds for denial of the application.
F.
Special permit procedure.
(1)
The SPGA shall act in accordance with provisions, regulations, requirements, conditions and limitations set forth in this § 235-9.3 and in accordance with § 235-8.4B of the Wellfleet Zoning Bylaw, and with state law and any other applicable Massachusetts General Laws.
(2)
An applicant for the RMD special permit shall file with the Wellfleet Town Clerk all required forms, plans and supporting documentation along with an original and 12 copies and required fees. The Town Clerk shall stamp the application with the date received and shall immediately notify the SPGA of a submitted application packet.
(a)
The SPGA may refer any application pursuant to this bylaw for review by other boards, departments or officers as it deems appropriate, including, but not limited to, the Inspector of Buildings, Fire Department, Planning Board, Police Department, Board of Health, the Conservation Commission, the Department of Public Works. Such boards, departments or officers shall review the application and shall submit their written recommendations, if any, to the referring authority within 35 days of receipt of referral of the application, or the application shall be deemed to be unopposed.
(b)
All plans and maps shall be prepared, stamped and signed by the appropriate registered design professional licensed to practice in the Commonwealth of Massachusetts, at a scale not greater than one inch equals 30 feet. Site plans shall include North arrow and locus map.
(c)
Applications shall include all additional materials and fees as required by the SPGA, including the following:
[1]
Twelve copies of the applicant's application to and Certificate of Registration as an RMD received from the MDPH;
[2]
A single copy of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the RMD;
[3]
The name and address of each owner of any interest in the RMD or the property on which it is proposed to be located;
[4]
If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If one or more of the above are entities rather than persons, the applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals;
[5]
Evidence of the applicant's ownership of or right to use and control the site of the RMD for the RMD, as applicable, such as a deed or lease; for any property located within the Cape Cod National Seashore (CCNS), a copy of the notice sent by registered mail, return receipt requested, to the Superintendent of the CCNS;
[6]
A detailed floor plan of the premises of the proposed RMD that identifies the square footage available and describes the functional areas of the RMD, including areas for the preparation of any MIP;
[7]
Detailed site plans that include the following information:
[a]
Compliance with the requirements in § 235-6.3B(2) (Other Uses) of the Wellfleet Zoning Bylaws for parking and loading spaces, for lot size, frontage, yards and heights and coverage of buildings, and all other provisions of this bylaw, to the extent not in conflict with any term of the registration of the RMD;
[b]
Provision for convenience and safety of vehicular and pedestrian movement on the site and for the location of driveway openings in relation to street traffic;
[c]
Provision for convenience and safety of vehicular and pedestrian movement off the site, if vehicular and pedestrian traffic off-site can reasonably be expected to be substantially affected by on-site changes;
[d]
Analysis of the adequacy of the arrangement and the number of parking and loading spaces in relation to the proposed use of the premises, including designated parking for home delivery vehicle(s), as applicable;
[e]
Proposed building elevations; design and appearance of structures, signs, screening and landscaping; and
[f]
Provisions for adequate water supply, septic, surface and subsurface drainage and light;
[8]
A description of the security measures, including but not limited to lighting, fencing, gates, and employee security policies, approved by MDPH for the RMD;
[9]
A copy of emergency procedures, including a disaster plan with procedures to be followed in case of fire or other emergencies, approved by MDPH for the RMD;
[10]
A copy of the policies and procedures for patient or personal caregiver home-delivery approved by MDPH for the RMD;
[11]
A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between RMDs approved by MDPH;
[12]
A copy of proposed waste disposal procedures;
[13]
Proof of liability insurance that is in accordance with 105 CMR 725.105(Q);
[14]
A description of proposed financial surety to satisfy the requirements of Subsection K(2); and
[15]
Any waivers from MDPH issued for the RMD.
(3)
After notice and public hearing and consideration of application materials, consultant reviews, public comments, and the recommendations of other Town boards and departments, the SPGA shall determine whether the application meets the standards, purpose and intent of § 235-9.3 and the standards and conditions of § 235-8.4B generally applicable to special permits, and if so determined, may approve the special permit with conditions consistent with this bylaw.
G.
Special permit conditions on RMDs. The SPGA may impose conditions reasonably appropriate to improve site design, traffic flow, public safety, protect groundwater quality, air quality, and significant environmental resources, preserve the character of the surrounding area and otherwise serve the purpose of this § 235-9.3 and the Wellfleet Zoning Bylaws. In addition to any specific conditions applicable to the applicant's RMD, a special permit granted under this bylaw shall include the following general conditions:
(1)
Hours of operation, including dispatch of home deliveries.
(2)
The permit holder shall file a copy of any Incident Report required under state law with the Inspector of Buildings and the SPGA within 24 hours of creation by the RMD. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.
(3)
The permit holder shall file a copy of any summary cease and desist order, cease and desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action issued by MDPH or the Division of Administrative Law Appeals, as applicable, regarding the RMD with the Inspector of Buildings and SPGA within 48 hours of receipt by the RMD.
(4)
Each RMD permitted under this bylaw shall as a condition of its special permit file an annual report with the SPGA no later than January 31, providing a copy of all current applicable state permits, licenses, and registrations for the RMD and/or its owners, certificate of liability insurance that is in accordance with state law and demonstrate continued compliance with the conditions of the special permit.
(5)
The permit holder shall provide to the Inspector of Buildings and Chief of the Police Department the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.
(6)
The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the RMD.
(7)
The special permit shall lapse upon the expiration or termination of the applicant's registration by MDPH.
(8)
The permit holder shall notify the Inspector of Buildings and SPGA in writing within 48 hours of the cessation of operation of the RMD or the expiration or termination of the permit holder's registration with MDPH.
(9)
As-built conditions, post-construction, shall be submitted to the Inspector of Buildings prior to issuance of an occupancy permit. Any changes or subsequent alterations to previously filed as-built conditions shall be submitted to the Inspector of Buildings upon completion of work.
H.
Off-site cultivation as authorized by RMD Certificate of Registration. In the case of cultivation of marijuana at a site other than the dispensary, where, 1.) the Certificate of Registration identifies the cultivation site, and 2.) the cultivation site meets the requirements of MGL c. 40A, § 3 for exemption from the use restriction in the zoning district in which the cultivation site is located, the cultivation of marijuana at such a site shall not require an additional special permit pursuant to Subsections F and G; but shall be considered within the area subject to the conditions imposed on the RMD special permit.
I.
Prohibition against nuisances. No use shall be allowed in the MMOD which creates a nuisance, including loitering, to abutters or to the surrounding area, or which creates any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.
J.
Modification and alteration. All modification, remodeling, expansion, reduction, or other physical, non-cosmetic alteration of an RMD made after issuance of the special permit shall require approval by the SPGA as provided in this § 235-9.3.
K.
Abandonment or discontinuance of use.
(1)
An RMD shall be required to remove all material, including plants, products, waste, equipment and other paraphernalia:
(a)
Prior to surrendering its state-issued licenses or permits; or
(b)
Within six months of ceasing operations, whichever comes first; and
(c)
In accordance with state law and all other applicable federal, state, and local requirements.
(2)
The SPGA shall require the applicant to post a bond at the time of construction in an amount adequate to pay the costs of removal of the RMD in the event the Town must remove the RMD . The value of the bond shall be based upon the ability to completely remove all the items noted in Subsection K(1) and properly clean the RMD at prevailing wages. The value of the bond shall be determined based upon the applicant's supporting information provided to the SPGA, consisting of three written bids to meet the noted requirements. Use of consultants by the SPGA may be required at the expense of the applicant when evaluating or comparing the bids. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate funds for the Town to remove the RMD at prevailing wages. Notwithstanding the above, the bond amount is subject to review by the SPGA every three years.