Medical Marijuana Zoning Includes Ban, Limit
The restriction would take effect if the ban is ruled invalid.
Medical marijuana treatment and dispensing facilities, and marijuana cultivation, would be banned from Westborough under part of a planning board zoning amendment.
If the ban is ruled invalid, the proposed bylaw includes language restricting the activities to medical marijuana overlay district(s), created by town meeting, and allowed by special permit from the planning board, according to the draft amendment. An amended use regulation schedule in the proposal shows the activities allowed only in the AE district, after the town meeting vote establishing the overlay.
The planning board's public hearing on the proposal is at 7:30 p.m. Tuesday, Feb. 5 in Forbes Municipal Building Room 23. Voters will get the request at the March 16 annual town meeting.
Voters approved the new law at the Nov. 6 statewide election. Westborough residents supported the measure, Question 3 on the ballot, 5,367 to 3,347. The law allows the state Department of Public Health to authorize “no more than 35 treatment centers” in 2013, according to the ballot question.
The planning board’s plan calls for the “complete disallowance” of medical marijuana treatment and dispensing facilities, and marijuana cultivation. It adds definitions of medical marijuana treatment and dispensing facilities, marijuana and marijuana cultivation.
The bylaw intends “to address possible adverse public health and safety consequences related to the passage of Question 3,” the text states.
The proposal also seeks “to minimize any potential adverse impacts on the quality of life in the Town”; “to minimize the adverse impacts of Medical Marijuana Treatment and Dispensing Facilities and Marijuana Cultivation on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said Facilities”; and “to limit the overall number of Medical Marijuana Treatment and Dispensing Facilities and Marijuana Cultivation activity in the Town to what is essential to serve the public necessity.”