The URL can be used to link to this page

Home My Public Portal About2018-03-12 Special Town Mtg Warrant TOWN OF BREWSTER SPECIAL TOWN MEETING MARCH 12, 2018 Barnstable, ss To : Roland W. Bassett, Jr. Constable of the Town of Brewster Greetings : In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet in the Cafeterium at the Stony Brook Elementary School, 384 Underpass Road , on Monday, March 12, 2018, next, at 7 : 00 p . m . o' clock in the evening, then and there to act upon the following articles : ZONING BYLAW AMENDMENT/Recreational Marijuana Establishments ARTICLE NO . 1 : To see if the Town will vote to amend Chapter 179, Zoning Article IX, Special Regulations of the Brewster Town Code to include Recreational Marijuana Establishments . § 179-38 . 2 Recreational Marijuana Establishments a . Recreational Marijuana Establishments ( RME ) shall conform to 935 CMR 500 . 000 : Adult Use of Marijuana, and shall only be permitted pursuant to this Section and the requirements stated herein . b . The special permit granting authority for RMEs shall be the Planning Board . c. A special permit granted under this section shall have a term limited to the duration of the applicant' s ownership or lease of the premises for an RME, as licensed by the Massachusetts licensing authority. Any new license for an existing RME location or transfer of an existing license to a new owner of an RME shall require a new special permit pursuant to Section 179-51 and site plan review pursuant to Section 179-64 of the Brewster zoning bylaws . § 179-38 . 3 Applicability of Regulations a . The cultivation, production , processing, manufacturing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana is prohibited unless licensed by all applicable Massachusetts licensing authorities and permitted as a RME under this section . b . Pursuant to MGL c. 94G, § 3 ( a ) ( 2 ), the number of recreational Marijuana Retailers shall be limited to one ( 1) establishment in Brewster which is fewer than 20 per cent of the number of licenses issued within the Town for the retail sale of alcoholic beverages not to be drunk on the premises where sold under MGL c. 138 § 15 ( package store licenses ) . Any Medical Marijuana Dispensary, licensed or registered not later than July 1, 2017 engaged in retail sale of marijuana or marijuana products, shall be exempt from this limitation for purposes of converting from a Medical Marijuana Dispensary to a recreational Marijuana Retailer. Page 1 of 5 c. The number of any type of RMEs, except recreational Marijuana Retailers, shall be limited to not more than two ( 2 ) of the same type of RME in Brewster. d . On -site consumption of recreational marijuana products at RMEs shall be prohibited unless permitted by a local ballot initiative process, as allowed by MGL 94G § 3 ( b ) . e . RMEs are commercial uses and shall be located in stand - alone structures, not connected to any other building or use . f. Hours of operation for recreational Marijuana Retailers shall not exceed the Alcoholic Beverages Control Commission (ABCC) maximum hours of operation for liquor licenses not to be drunk on premises pursuant to MGL 138 § 15 but may be limited by conditions of the special permit . § 179-38 . 4 Definitions Any term not specifically defined herein shall have the meaning as defined in MGL c . 94G, § 1 and the Cannabis Control Commission Regulations 935 CMR 500. 00 governing Adult Use Marijuana . a . " Recreational Marijuana Establishment " shall mean a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana - related business as defined in MGL c. 94G , § 1 or the Cannabis Control Commission Regulations 935 CMR 500 . 00 . b . Marijuana Retailer - an entity licensed by the Cannabis Control Commission to purchase and deliver recreational marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer recreational marijuana and marijuana products to marijuana establishments and to consumers, as defined in MGL c. 94G , § 1 and the Cannabis Control Commission Regulations 935 CMR 500 . 00 governing Adult Use Marijuana . c . " Medical Marijuana Dispensary" - an entity registered by the Department of Public Health or the Cannabis Control Commission that acquires, cultivates, possesses, processes, transfers, transports, sells, distributes, dispenses, or administers medical use marijuana , products containing medical use marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers . § 179-38 . 5 General Requirements a . No RME shall be located within 500 feet, as measured from each lot line of the subject lot, of the following pre-existing uses : a K- 12 educational use; childcare center; public park; playground ; or children ' s camp . b . Applicants for an RME shall provide the licensing agent' s approved security plan to the Police Chief and Fire Chief prior to the granting of a Special Permit. c. An approved Host Community Agreement shall be required prior to the granting of a Special Permit for a RME . Page 2 of 5 § 179- (XX) ( Reserved ) Or take any other action relative thereto . ( Planning Board ) (Two Thirds Vote Required ) Motion : Move to approve as printed in the warrant . ZONING BYLAW AMENDMENT/Table of Use Regulations ARTICLE NO . 2 * To see if the Town will vote to amend Chapter 179- 11 Table of Use Regulations, subsection B (Table 1 ) to add and/or amend the following uses to the Village Business (VB), Commercial High Density (C- H ) and Industrial ( 1 ) zoning districts to the Brewster Town Code . R- R R- L R- M C- H WB I MRD PWS- CF Marijuana Cultivator - - - S - S - - Marijuana Product _ _ _ S - Manufacturer Independent Testing _ _ _ S - S - - Laboratory Marijuana Retailer S S - - - Any Other Licensed Recreational Marijuana - Establishment Medical Marijuana _ _ _ S S - - - Dispensary ( MMD ) Or to take any other action relative thereto . ( Planning Board ) (Two Thirds Vote Required ) Motion : Move to approve as printed in the warrant. LOCAL TAX OPTION /Recreational Marijuana Tax ARTICLE NO . 3 * To see if the Town will vote to accept the provisions of M . G . L. Chapter 64N , Section 3 to impose a local sales tax upon the sale or transfer of marijuana or marijuana products by a marijuana retailer operating within the Town to anyone other than a marijuana establishment at a rate of three percent (3 % ) of the total sales price received by the marijuana retailer as consideration for the sale of marijuana or marijuana products . A marijuana retailer shall pay a local sales tax imposed under this Page 3 of 5 section to the commissioner of revenue at the same time and in the same manner as the sales tax due to the Commonwealth . Or take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Motion : Move to approve as printed in the warrant . TOWN CODE AMENDMENT/Recreational Marijuana Retailers ARTICLE NO . 4 : To see if the Town will vote to amend the Brewster Town Code by adding Chapter 59, Recreational Marijuana Retailers, as follows . § 59- 1 Definitions a . Marijuana Retailer - an entity licensed by the Cannabis Control Commission to purchase and deliver recreational marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer recreational marijuana and marijuana products to marijuana establishments and to consumers, as defined in MGL c. 94G, § 1 and the Cannabis Control Commission Regulations 935 CMR 500 . 00 governing Adult Use Marijuana . b . " Medical Marijuana Dispensary" - an entity registered by the Department of Public Health or the Cannabis Control Commission that acquires, cultivates, possesses, processes, transfers, transports, sells, distributes, dispenses, or administers medical use marijuana , products containing medical use marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers . § 59-2 Number of Recreational Marijuana Retailers Pursuant to MGL c. 94G, § 3 ( a ) ( 2 ), the number of recreational Marijuana Retailers shall be limited to one ( 1 ) establishment in Brewster which is fewer than 20 per cent of the number of licenses issued within the Town for the retail sale of alcoholic beverages not to be drunk on the premises where sold under MGL c. 138 § 15 ( package store licenses ) . Any Medical Marijuana Dispensary, licensed or registered not later than July 1, 2017 engaged in retail sale of marijuana or marijuana products, shall be exempt from this limitation for purposes of converting from a Medical Marijuana Dispensary to a recreational Marijuana Retailer. Or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Motion : Move to approve as printed in the warrant . Page 4 of 5 OTHER BUSINESS ARTICLE NO . S * To act upon any other business that may legally come before this meeting; or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Motion : Motion to be provided at the Special Town Meeting. And you are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid . Given under our hand and Seal of the Town of Brewster affixed this 15th day of February 2018. MU 061 400 rZ Peter G . Norton , Chair Cynthia A. Bi , Vice- Chair David C. Whitney, Clerk ames W . Foley It t John T. Dickson I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Special Town Meeting of March 121, 2018 by posting attested copies thereof, in the following locations in the Town on the 16th day of February, 2018 . Brewster Town Offices Cafe Alfresco Brewster Ladies Library Brewster Pizza House The Brewster General Store Millstone Liquors U . S . Post Office Arn Roland W . Bassett, Jr. CVstable Page 5 of 5