§ 235-73.4. Marijuana establishment.

A. 

Purpose. The purpose of this section is to permit state-licensed marijuana establishments to operate in select locations in the City of Melrose, pursuant to local requirements that seek to protect the health, safety, and public welfare of residents and in accordance with Chapter 94G of the Massachusetts General Laws, 935 CMR 500.000 ("Adult Use of Marijuana"), and regulations promulgated by the Cannabis Control Commission.

B. 

Applicability. The provisions of this section shall be applicable to all marijuana establishments in the City of Melrose, with the exception of registered marijuana dispensaries (RMDs). Regulations for RMDs can be found in § 235-73.3 of the Melrose Zoning Ordinance.

C. 

General requirements and conditions.

(1) 

Location and operation.

(a) 

Marijuana establishments are permitted as allowed in the Table of Use and Parking Regulations (§ 235-17).

(b) 

All marijuana establishments shall be located in, and conduct all operations within, an enclosed, permanent building.

(c) 

Marijuana establishments may cultivate, process, test, store and manufacture marijuana or marijuana products only within an area that is enclosed and secured in a manner that prevents access by persons not permitted by the marijuana establishment to access the area.

(d) 

No marijuana establishment shall allow cultivation, processing, manufacture, sale or display of marijuana or marijuana products to be visible from a public place without the use of binoculars, aircraft, or other optical aids.

(e) 

All marijuana establishments shall be ventilated in such a manner that no pesticides, insecticides or other chemicals or products used in cultivation or processing are dispersed into the outside atmosphere, and so that no odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana establishment or at any adjoining use or property.

(f) 

There shall be no smoking, eating, or other forms of consumption of any product containing marijuana or marijuana-related products on the premises, including all buildings, accessory structures, parking lots or parking areas, walks and/or immediate surroundings located on the same lot/parcel as the marijuana establishment.

(g) 

Marijuana establishments shall not permit any disorder, disturbance, or illegality under state or local law of any kind on the premises, including all buildings, accessory structures, parking lots or parking areas, walks and/or immediate surroundings located on the same lot/parcel as the marijuana establishment.

(h) 

Hours of operation of marijuana establishments shall be set by the special permit granting authority.

(i) 

Drive-through windows and/or any interactions or sales to customers within vehicles are prohibited.

(j) 

Marijuana establishments are prohibited from use of on-site self-service displays, including vending machines, through which customers may select marijuana or marijuana products without assistance from an employee or store personnel.

(k) 

Delivery-only marijuana retailers shall be prohibited.

(l) 

All signs associated with marijuana establishments shall comply with 935 CMR 500.000 and Article VII, Signs, of the Melrose Zoning Ordinance. Signs shall only identify the marijuana establishment by its registered name and shall not utilize graphics related to marijuana or paraphernalia on the exterior of the building in which the establishment is located. Signs shall not be illuminated after closing and neon and flashing signage is prohibited.

(2) 

Additional location requirements.

(a) 

A marijuana establishment shall not be sited within a radius of 500 feet from schools that serve kindergarten through 12th grade, whether public or private. The 500-foot distance shall be measured in a straight line from the property line of the school in question to the property line of the marijuana establishment.

(b) 

Marijuana establishments shall not be located in a building that contains a pre-existing daycare center.

(c) 

Marijuana product manufacturing shall not be done in any building containing assembly, educational, health care, ambulatory health care, residential board and care, residential, or detention and correctional facilities.

(d) 

Marijuana transportation or distribution facilities shall not occupy street-level space.

(3) 

Security.

(a) 

Marijuana establishments shall provide the Melrose Police Department and Building Commissioner with the names, phone numbers, and e-mail addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment and update that list whenever there is any change in management staff or key holders.

(b) 

Solid waste dumpsters or other waste containers shall be locked and enclosed by a screening enclosure so as not to be accessible to the public.

(c) 

Landscaping elements must be nonobtrusive. The placement of landscaping elements for the marijuana establishment must ensure landscaping elements, including trees, bushes, and other foliage, do not allow for a person or persons to conceal themselves at night.

(d) 

The exterior grounds, including the parking lot and landscaped areas, shall be lighted in such a manner that all areas are clearly visible at all times during business hours.

(e) 

Marijuana establishments shall secure every entrance to the marijuana establishment so that access to areas containing the storage of marijuana products are restricted to employees and others permitted by the marijuana establishment to access the area and to Cannabis Control Commission or state and local law enforcement officers, agents, and emergency personnel.

(f) 

Marijuana establishments shall secure their inventory and equipment during and after operating hours to deter and prevent theft of marijuana, marijuana products, and marijuana accessories.

D. 

Special permit. For special permits for marijuana establishments, the Planning Board is the special permit granting authority. The Planning Board may grant a special permit for a marijuana establishment as allowed herein if the Board finds that the proposal satisfies the purposes set forth in Subsection A above, the general requirements and conditions for marijuana establishments in Subsection C above, the findings in § 235-63 of the Zoning Ordinance, and the following statements, regulations, requirements, findings, conditions, and limitations. Applications for a special permit for a marijuana establishment shall not be subject to site plan review (§ 235-16.1).

(1) 

Requirements.

(a) 

It shall be unlawful for any person to operate a marijuana establishment without obtaining a special permit to operate pursuant to the requirements of this section.

(b) 

A separate special permit is required for each different marijuana establishment detailed in § 235-5, Definitions. In the case that one or more different types of marijuana establishments are proposed, each establishment type shall require a special permit from the Planning Board.

(c) 

The special permit requirements set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law.

(d) 

The issuance of a special permit pursuant this chapter does not create an exception, defense, or immunity to any person or entity in regard to any potential criminal liability the person or entity may have for the production, distribution, or possession of marijuana.

(e) 

A special permit issued for a marijuana establishment is not transferable or assignable to a different location or a different type of marijuana establishment.

(f) 

In compliance with Chapter 94G, § 3(a), of the Massachusetts General Laws, the Planning Board shall not grant special permits that would allow for more than one marijuana retailer to be in operation at any one time.

(2) 

Applications for a special permit shall include the following:

(a) 

The name and address of each owner of the establishment and property owner.

(b) 

Evidence of the applicant's right or intended right to use the site for the establishment, such as an executed or draft deed or lease.

(c) 

If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, trustees or other similarly situated individuals and entities and their addresses. If any 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.

(d) 

An operation and management plan containing a narrative describing the type and scale of all activities that will take place on the proposed site, including but not limited to cultivating and processing of marijuana or marijuana-infused products, on-site sales, distribution of educational materials, and other programs or activities. The operation and management plan shall also detail hours of operation, staffing, employee safety, fire prevention, ventilation system and air quality, and proposed utility demand.

(e) 

A floor plan of the proposed marijuana establishment that identifies square footage available and describes the functional areas of the marijuana establishment.

(f) 

A construction management plan, if renovations or new construction will occur, containing provisions for the protection of abutting properties during construction, and site excavation, demolition, blasting, and site reclamation plans if appropriate.

(g) 

A site plan depicting the proposed development on the property, including the dimensions of the building, the layout of parking, the location of pedestrian and vehicular points of access and egress, the location and design of all loading, refuse and service facilities, the location, type and direction of all outdoor lighting on the site, and any landscape design.

(h) 

Architectural drawings of all exterior building facades and all proposed signage, specifying materials and colors to be used.

(i) 

A security plan containing security measures for the marijuana establishment, including lighting, fencing, video monitoring, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft. The security plan shall also detail security measures for the transportation of marijuana and marijuana products to and from off-site premises.

(j) 

Traffic impact analysis including modeling the expected origin and frequency of client and employee trips to the site, the expected modes of transportation used by clients and employees, and the frequency and scale of deliveries to and from the site.

(k) 

Copies of registration materials for all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the marijuana establishment.

(l) 

Letters from the Police Department and Board of Health indicating that the application materials were reviewed and the safety and security measures of the marijuana establishment are adequate.

(m) 

Any other information requested by the Planning Board that will allow fair and full consideration of the special permit request.

(3) 

Applications for a marijuana retailer seeking to colocate with a registered marijuana dispensary shall include a narrative detailing the physical separation between medical and adult-use (recreational) sales areas. Separation may be provided by a temporary or semipermanent physical barrier, such as a stanchion, that adequately separates sales areas of marijuana products for medical use from sales areas of marijuana products for adult use. A retailer shall provide for separate lines for sales of marijuana products for medical use from marijuana products for adult use within the sales area; provided, however, that the holder of a medical registration card may use either line and shall not be limited only to the medical use line. A retailer shall additionally provide an area that is separate from the sales floor to allow for confidential consultation.

(4) 

The Office of Planning and Community Development (OPCD) will distribute a set of the application materials to the Police Chief, Health Director, and Building Commissioner for review. The Office of Planning and Community Development will provide notice of receipt of an application to the City Engineer, Fire Chief, Conservation Commission, City Solicitor, City Council, and Mayor. All departments shall report their comments, conditions, remedial measures and recommendations, in writing, to the Planning Board within 30 days.

(5) 

Findings. In addition to the findings required by § 235-63, the Planning Board shall not issue a special permit for a marijuana establishment unless it finds that:

(a) 

The marijuana establishment complies with all applicable state and local laws, regulations, and requirements, including, but not limited to, health and safety regulations, and construction and environmental requirements;

(b) 

The building and site have been designed to be compatible with other buildings and sites in the area;

(c) 

The siting of the marijuana establishment will be accomplished so as to minimize any adverse impacts on abutters and other parties in interest;

(d) 

The marijuana establishment will create no substantial harm to the established or future character of the neighborhood or city;

(e) 

With due consideration to aesthetics, the marijuana establishment is designed to ensure convenient, safe, and secure access for the personal safety of customers and those working at the facility, and to protect the premises from theft and diversion of marijuana;

(f) 

The applicant has demonstrated the availability and provision of adequate access, utilities, and other infrastructure and that the operation of the marijuana establishment will not adversely affect such access, utilities, and infrastructure;

(g) 

The applicant addresses issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the marijuana establishment; and

(h) 

The marijuana establishment provides adequate security measures to ensure that no individual participants will pose a threat to the health or safety of other individuals, and that the storage and/or location of cultivation of marijuana is adequately secured in enclosed, locked facilities.

(6) 

Conditions. The Planning Board may impose conditions reasonably appropriate to improve site design, traffic flow, public safety, and air quality and preserve the character of the surrounding area and otherwise serve the purpose of this section. As a condition of this special permit, all marijuana establishments shall meet with the Melrose Fire Department and Melrose Police Department to discuss emergency and contingency plans for the site. Prior to the issuance of a certificate of occupancy by the Building Commissioner, a written emergency response plan shall be filed with the Melrose Fire Department and the Melrose Police Department that includes employee roles and responsibilities, locations of fire suppression systems, evacuation routes, and meeting locations during an emergency.

E. 

Inspections and reporting.

(1) 

Marijuana establishments shall consent to unannounced, unscheduled, periodic inspections of its premises by the Building Commissioner or designee, including an agent from the Building, Health, Police, and Fire Departments on weekdays during normal business hours to determine the marijuana establishment's compliance with the requirements of applicable state and local laws, regulations, codes, license and permit conditions, and this section.

(2) 

Routine inspections may be made on weekdays during regular City business hours by authorized inspectional departments to determine compliance with applicable state and local laws, regulations, codes, and license and permit conditions. Inspections by the authorized inspectional departments may be made at other times to investigate complaints or suspected noncompliance issues.

(3) 

Inspections may include all areas occupied, used, or controlled by the marijuana establishment. Inspections shall be conducted in conformity with applicable federal, state, and local law.

(4) 

Each marijuana establishment permitted shall as a condition of its special permit file an annual report to the special permit granting authority, the Board of Health, the Building Commissioner, the Police Department, and the City Clerk no later than January 31, providing a copy of all current applicable state licenses for the marijuana establishment and/or demonstrating continued compliance with 935 CMR 500.000 as well as the conditions of the special permit.

F. 

Abandonment or discontinuance of use.

(1) 

A special permit granted under this section shall have a term limited to the duration of the applicant's operation of the premises as a marijuana establishment.

(2) 

A marijuana establishment shall be required to remove all material, plants, equipment, and other paraphernalia:

(a) 

If any required permit or license is revoked or suspended by the issuing authority;

(b) 

Prior to surrendering its state licenses or permits; or

(c) 

Within six months of ceasing operations; whichever comes first.

Added 3-18-2019 by Order No. 2019-31