Wendell, Massachusetts      Flag of the town of Wendell Massachusetts width=

Special Town Meeting - Saturday September 26th, 9am, Town Common

(Rain Date: Sunday September 27th, 10 am)

TOWN WARRANT

Commonwealth of Massachusetts

FRANKLIN, ss.

To the Constable of the Town of Wendell in the County of Franklin,

Greetings,

In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote in elections and in Town affairs, to meet on the common in front of the Town Hall in said Town on Saturday, September 26, 2020 at 9 am, then and there to act on the following articles:

ARTICLE 1: To see if the Town will vote to raise and appropriate the sum of $260.15 to reimburse the Animal Inspector for a bill of prior year, or take any action thereon.

ARTICLE 2: To see if the Town will vote to raise and appropriate the sum of $1,291.96 to pay Fire Department bills of prior year to Amazon, or take any action thereon.

ARTICLE 3: To see if the Town will vote to raise and appropriate the sum of $630 to pay a Crocker Communications bill of prior year, or take any action thereon.

ARTICLE 4: To see if the Town will vote to raise and appropriate the sum of $25 to pay an Assessors bill of prior year to MAAO, or take any action thereon.

ARTICLE 5: To see if the Town will vote to raise and appropriate the sum of $360 to pay WRATS bills of prior year to Carsons Cans, or take any action thereon.

ARTICLE 6: To see if the Town will vote to transfer the sum of $10,000 from the Stabilization fund to pay for costs associated with repairs to the McAvoy Pond Dam, or take any action thereon.

 

ARTICLE 7: To see if the Town will vote to amend Article 4 of the June 2020 Annual Town Meeting by increasing the appropriation by $10,000 for Legal Fees, and to meet such appropriation by raising and appropriating said sum, or take any action thereon.

 

ARTICLE 8: To see if the Town will vote to amend Article 4 of the June 2020 Annual Town Meeting by increasing the appropriation by $13,409 for the R.C. Mahar Assessment, and to meet such appropriation by transferring funds from the Stabilization Account, or take any action thereon.

 

ARTICLE 9: To see if the Town will vote to amend Article 8 of the June 2020 Annual Town Meeting by increasing the appropriation by $695 for the FY21 Debt Service on Mahar Construction, and to meet such appropriation by raising and appropriating such funds, or take any action thereon.

 

ARTICLE 10: To see if the Town will vote to not impose the Excise Tax on Farm Machinery and Equipment and Farm Animals established under Mass General Laws, Chapter 59, Section 8A, or take any action thereon.

ARTICLE 11: To see if the Town will vote to establish the amount of five thousand dollars ($5,000) as the minimum value of personal property subject to taxation under Massachusetts General Laws, Chapter 59, Section 5 (54), superseding the current minimum value of ten thousand dollars ($10,000), or take any action thereon.

ARTICLE 12: To see if the Town will vote to authorize the Selectboard to acquire, on behalf of the Town, easements on, in, over, and through property located on Lockes Village Road shown on Assessors Map 409, as Lot 31.1 (and described in a deed recorded with the Franklin County Registry of Deeds in Book 7180, Page 207) and on Farley Road shown on Assessors Map 407, as lot 43 (and described in a deed recorded with the Franklin County Registry of Deeds in book 2785, page 105),  for use as dry hydrants resource and installation areas by the Fire Department, and to authorize the Selectboard to take all actions and execute all documents necessary or appropriate in connection therewith, or take any action thereon.

ARTICLE 13: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $500 for upgrades to the Veterans’ Memorial, or take any action thereon.

 

ARTICLE 14: To see if the Town will authorize the Selectboard to appoint a Municipal Light Board consisting of three citizens of the Town, each for a term of three years. Initially one shall be appointed for one year, one for two years, and one for three years, and thereafter shall be appointed for terms of three years. The Municipal Light Board shall have the authority to construct, purchase or lease the Municipal Light Plant in accordance with the vote of the town and to maintain and operate the same, or take any other action relative thereto.

 

ARTICLE 15: To see if the Town will vote, pursuant to M.G.L. c 164, sec. 55, to elect a Municipal Light Board consisting of five citizens of the town, each for a term of three years. Pursuant to the provisions of Massachusetts General Laws, of the five-member board, initially two shall be appointed for one year, two for two years, and one for three years, and thereafter shall be elected for terms of three years.  The municipal light board shall have the authority to construct, purchase or lease the municipal light plant in accordance with the vote of the town and to maintain and operate the same, or take any other action relative thereto.

 

ARTICLE 16: To see if the Town will vote to add to the Wendell Zoning Bylaws the following new article:

Article XVI

ADULT USE RECREATIONAL MARIJUANA ESTABLISHMENTS (ADDED 2020)

Section A – Statement of Purpose

It is the purpose of this article to maintain public health, safety and general welfare; to promote commercial development that is appropriate to the size and rural character of the Town, environmentally sustainable and when feasible, locally owned and operated; and to support the availability of recreational marijuana in accordance with State law and regulations (935 CMR 500.000 et seq.). To mitigate potential impacts to adjacent areas, this bylaw will regulate the locations and site development of Marijuana Establishments to promote safe attractive business areas, maintain property values, protect, and preserve the quality of residential neighborhoods, and protect the safety of all persons in the area.

Section B - Special Permit Granting Authority & Site Plan Review

The Zoning Board of Appeals or the Planning Board (see Use Table) shall be the Special Permit Granting Authority (SPGA) under this section in accordance with M.G.L. Chapter 40A, Article VI, Sections C and D of this zoning bylaw. In the case of site plan review, the Zoning Board of Appeals,. or the Planning Board (see Use Table) shall be the Permit Granting Authority (PGA) in accordance with Sections C and D of this zoning bylaw.

Upon written request by the applicant, the SPGA or PGA may waive or reduce any requirement of this Article XVI by the same majority vote required for the permit itself upon written findings included in the permit that: 1) special circumstances of the site, its surroundings, or the proposal negate the need for imposition of the requirement; or that the objectives of this section may be met in an alternative manner; and that 2) such a waiver or reduction will not derogate from the public purposes or intent of this zoning bylaw. In the case of a special permit, such requests must be made by the applicant no

later than the close of the public hearing. An affirmative or negative vote under this paragraph shall not be construed as an approval or disapproval of the permit sought.

Section C -  Definitions

Marijuana Establishment (ME) means a Marijuana Cultivator, Craft Marijuana Cooperative, Marijuana Product Manufacturer, Independent Testing Laboratory, Marijuana Research Facility, Marijuana Transporter, or any type of licensed marijuana-related business, except a medical marijuana treatment center. Marijuana retailers are not consideerd marijuana establishmnets for the purposes of this article.

Craft Marijuana Cooperative means a Marijuana Cultivator comprised of residents of the Commonwealth and organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the Commonwealth. A cooperative is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to Marijuana Establishments, but not to consumers.

Marijuana Retailer means an entity licensed to purchase and transport cannabis or marijuana product from Marijuana Establishments and to sell or otherwise transfer this product to Marijuana Establishments and to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers, and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a Marijuana Establishment.

Marijuana Cultivator means an entity licensed to cultivate, process, and package marijuana, and to transfer marijuana to other Marijuana Establishments, but not to consumers. A Craft Marijuana Cooperative is a type of Marijuana Cultivator.

Microbusiness means a co-located Marijuana Establishment that can be either a Tier 1 Marijuana Cultivator or Product Manufacturer or both, in compliance with the operating procedures for each license. A Microbusiness that is a Marijuana Product Manufacturer may purchase no more than 2,000 pounds of marijuana per year from other Marijuana Establishments.

Marijuana Product Manufacturer means an entity licensed to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other Marijuana Establishments, but not to consumers

Marijuana Transporter means an entity, not otherwise licensed by the Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale, and distribution to marijuana establishments, but not to consumers. Marijuana Transporters may be an Existing Licensee Transporter or Third-Party Transporter.

Process or Processing means to harvest, dry, cure, trim, and separate parts of the cannabis or marijuana plant by manual or mechanical means.

Research Facility means an entity licensed to engage in research projects by the Cannabis Control Commission.

Independent Testing Laboratory means a laboratory that is licensed by the Cannabis Control Commission.

Marijuana Products means products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana, and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.

Licensee means a person or entity licensed by the State Cannabis Control Commission to operate a marijuana establishment.  

Marijuana Establishment Agent means a board member, director, employee, executive, manager, or volunteer of a Marijuana Establishment, who is 21 years of age or older. Employee includes a consultant or contractor who provides on-site services to a Marijuana Establishment related to the cultivation, harvesting, preparation, packaging, storage, testing, or dispensing of marijuana.

Visitor means an individual, other than a Marijuana Establishment Agent authorized by the Marijuana Establishment, on the premises of an establishment for a purpose related to its operations and consistent with the objectives of St. 2016 Ch. 334, as amended by St. 2017 Ch. 55, and 935 CMR 500.000, provided, however, that no such individual shall be younger than 21 years of age.

Greenhouse means a structure, primarily of glass or sheets of clear plastic, in which temperature and humidity can be controlled for the cultivation or protection of plants.

Host Community Agreement — a marijuana establishment seeking to operate in Wendell

shall execute an agreement with the host community, setting forth the conditions for having a marijuana establishment located within the host community in accordance with Massachusetts General Law Chapter 94G, §3(d), which must be signed by the Marijuana Establishment and the host community. .

Section D - Requirements Regarding the Allowed Locations for Marijuana Establishments

1. Marijuana Establishments shall not be located within 250 feet of any existing public or

private school, providing education in kindergarten or any of grades 1 through 12. This setback shall include the grounds on which said public or private school, providing education in kindergarten or any of grades 1 through 12 is located. The distance between any Marijuana Establishment and any public or private school, providing education in kindergarten or any of grades 1 through 12, shall be measured in a straight line, without regard to intervening structures, from the closest property line of any existing public or private school, providing education in kindergarten or any of grades 1 through 12 to the

building, structure, growing area, work area or parking area of the Marijuana Establishment, whichever is closest.

2. Marijuana Establishments shall not be located within 100 feet from  any existing residential use if there is a closed loop water system for the establishment’s operations or not within 250 feet from  any existing residential use if there is no closed water loop for the establishment’s operations. The distance between a residential use and a Marijuana Establishment shall be measured in a straight line, without regard to intervening structures, from the closest property line of the residential property to the building, structure, growing area, work area or parking area of the Marijuana Establishment, whichever is closest.

3. Marijuana establishments shall comply with age restrictions established by Massachusetts

935 CMR 500 that prohibit access by marijuana agents and visitors under the age of 21 to marijuana establishments at all times.

4.  Outdoor cultivation requires setbacks on all sides of 300 feet and a 100 feet vegetative buffer made up of a mix of upper story and lower story evergreens and deciduous plants to mitigate any odors created from cultivation. Plants will be approved by the Planning Board.

Section E -  Site Development, Permitting Standards & Application

Pursuant to Chapter 40A §9, the following site improvements and amenities are required to protect public safety and neighboring property values, in addition to the Special Permit requirements found in Article VI, Sections C, D & E and the Site Plan Review requirements found in Article VI, Sections C, D & E. The SPGA or PGA are empowered hereunder to review and approve Special Permit applications and site plans for Marijuana Establishments and impose requirements for: buffering; odor control; noise; outdoor lighting; parking and loading; access to the site from public roads; hazardous materials; solid waste disposal, water management, environmental and energy controls, and landscaping and buildings. The purpose of these requirements is to avoid site development that may result in negative environmental, neighborhood, or public safety impacts.

1. Dimensional Requirements: Any building or structure containing a Marijuana Establishment shall meet the setback requirements of this Section.

2. Parking and Loading Requirements: All Marijuana Establishments must comply with parking requirements set by Article VII. For any property proposed to contain a Marijuana Establishment, the applicant for a permit for such use shall demonstrate that the entire property shall comply with these requirements and controls following the establishment of such use thereon. Marijuana establishments involved in transport shall provide adequate parking for employees and all transport vehicles. Marijuana establishments involved in retail shall provide adequate parking for customers and employees based on an estimated average daily visit rate and must submit a plan for parking overflow. Marijuana establishments involved with cultivation, manufacture, testing and research shall provide adequate parking for employees and business-related visitors. All parking and loading shall be onsite.

3. Site Screening: The Special Permit and Site Plan granting authorities shall have the ability to require appropriate screening from abutters..

For marijuana establishments involved in retail, manufacture, transport or indoor cultivation, rear and side property lines shall be screened from any neighboring residential, educational, childcare or recreational uses or properties. Screening will be accomplished with a 10 foot wide vegetated planting of hardy evergreens and deciduous trees and shrubsor other method as approved by the SPGA/PGA.

4. Lighting & Security: Security cameras covering external areas shall include cameras with the capability to function with minimum to no lighting at night. External lighting should be minimized and consistent with public safety requirements and hours of operation. Internal lighting in greenhouses and lights used for outdoor cultivation shall be fully screened from abutters after sunset. Lighting should comply with the dark sky standards.

a. All lighting installations shall be designed to achieve no greater than the minimum luminance levels for the activity as recommended in the most recent standards established by the Illuminating Engineering Society of North America (IESNA);

b. To prevent glare on off-site locations, all outdoor lighting fixtures shall be full cut-off (Full-cutoff means that no light is emitted above the horizontal plane that intersects the lowest part of the fixture). Where necessary to prevent light or glare, accessories such as hoods and shields shall be used on lighting fixtures. The source of light shall be so arranged and shielded as to prevent direct glare from the light source into any public street or onto adjacent property;


            c. Security lighting shall be shielded and directed at a downward angle.


d. As part of any application for Site Plan Review, the applicant shall prepare a lighting study showing that the development will meet these standards.


            What makes a light dark sky compliant? International Dark-Sky Association’s Fixture Seal of Approval program certifies outdoor lighting fixtures as being Dark Sky Friendly, meaning that they minimize glare while reducing light trespass and skyglow. All products approved in the program are required to be fully shielded and to minimize the amount of blue light in the nighttime environment.

5. Energy Efficiency: Outdoor cultivation, transport, and retail Marijuana Establishments shall be required to submit a detailed energy use and efficiency plan. Cultivators in buildings and greenhouses shall generate a minimum of 50% of their projected energy use on site with solar, where feasible.

6. Water Management & Efficiency: Marijuana Establishments involved in cultivation, manufacture and research/testing are required to submit a plan for water management and water efficiency which shall include providing information on run-off, recapture, and reuse, if deemed appropriate.

All Marijuana Establishments shall ensure high water quality for any run-off, discharge or re-absorption from the property.

To preserve and protect reasonably sufficient access to water resources for abutters and neighboring landowners, all Marijuana Establishments involved in cultivation, manufacture, and research/testing shall submit information regarding estimated use of water for regular and peak operation. Wellheads for Marijuana Establishments involved in cultivation, manufacture, and research/testing must be located at least 250 feet from the nearest existing wellhead. The distance between the wellhead of the Marijuana Establishment and the wellhead of an abutting property shall be measured in a straight line, without regard to intervening structures.

No Marijuana Establishment shall create a reasonable risk that groundwater on abutting land becomes significantly diminished such that an existing water well on an abutting property is no longer sufficient to reasonably meet current uses.

A hydrology report by a qualified hydrologist will be required to define what aquifer the establishment will be drawing from as well as what other wells will be using the same source. An estimation of the amount of water available and ivit is sufficient will be required.

All Applications for a Special Permit for an Indoor Marijuana Establishment shall be accompanied by a Certified letter from a professional engineer, licensed in the Commonwealth of Massachusetts, attesting that the subject of the permit application can achieve a 30% water reduction over a baseline calculation as defined by USGBC, LEED BD+C v4 WE - Indoor Water Use Reduction.

7. Noise/Odor: All Marijuana Establishments shall ensure that public nuisances — including odors and noise — to neighboring properties are minimized. An odor control plan shall detail the specific odor-emitting activities or processes to be conducted on-site, the source of those odors, the locations from which they are emitted from the facility, the frequency of such odor-emitting activities, the duration of such odor-emitting activities, and the administrative of odor control including maintenance

 of such controls.

Odors created by outdoor cultivation of marijuana shall be mitigated solely by use of plantings in the required 100 foot buffer. All other marijuana establishments shall be ventilated. For all marijuana establishments no odor from marijuana or its processing shall be detected by a person with an unimpaired or otherwise normal sense of smell at the perimeter of property and any properties within in 500 feet of the perimeter of property. The Planning Board may employ a third-party consultant to review the proposed policies regarding odor control;

Considering the complex and technical nature of the marijuana industry, the variety of Marijuanna Establishment’s , the issues of emissions control and mitigation and the rapidly evolving technologies, the Special Permit Granting Authorities reserve the right and may at its option engage an independent expert consultant to review and advise the Special Permit Granting Authorities concerning any application. In addition the Town of Wendell shall have the right to continued monitoring of emissions and water runoff from the facility, with all said consultant costs to be the sole responsibility of and paid for by the Applicant.

8. Hazardous Materials: For marijuana establishments involved in cultivation, transport, research/testing, and manufacture, submission of a complete list of chemicals,  fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use is required. Depending on the quantities proposed to be used or stored on site, the SPGA or PGA may request that a Hazardous Materials Management Plan be prepared to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism. The plan should include spill containment and clean-up procedures, and provisions for indoor, secured storage of

hazardous materials and wastes with impervious floor surfaces and must be approved by the Fire Chief.

No pesticides, butane, ethanol or other toxic materials, herbicides, including known carcinogens, shall be used in cultivating or processing. 

9. Solid Waste: For all Marijuana Establishments, waste shall be managed in accordance

with 935 CMR 500.105, §12.

10. Driveways and Parking Lots: No driveway to or parking lot for a Marijuana Establishment shall be within 125 feet of any existing residential use. The distance between residential use and a driveway or parking lot shall be measured in a straight line, without regard to intervening structures, from the closest property line of the residential property to the driveway or parking lot, whichever is closest.

11. Signs: All signs for a Marijuana Establishment must meet the requirements of Article VIII of these bylaws and the State Regulations (935 CMR 500.000 et seq.).

12. Buildings: Appearance of buildings for Marijuana Establishments shall be consistent with the appearance of other buildings in Wendell, not employing unusual color or building design that would attract attention to the premises.

13. Cultivation: Marijuana cultivation is allowed both indoors, in buildings or greenhouses, or outdoors. Cultivation is limited to no greater than Tier 2 or 10,000 square feet, whichever is less.

14. Applications: The applicant requesting permission to operate any Marijuana Establishment must file an application with the SPGA/PGA and the Town Clerk. Such application shall contain the information required by Article VI, Sections C and D, Special Permit and any rules and regulations established by the SPGA/PGA and the State Cannabis Control Commission. The application shall also include:

1. Name, Address, Phone Number and Email Address of the legal owner(s) and

Licensee(s) of the Marijuana Establishment;

2. Name, Address, Phone Number and Email Address of all persons having lawful,

equity, or security interests in the Marijuana Establishment;

3. The number of proposed employees;

4. The proposed hours of operation; and

5. Proposed security and environmental precautions.

15. Site Plan Review: No Marijuana Establishment shall be established prior to submission

and approval of a site plan by the SPGA/PGA, pursuant to Article VI, Sections C and D. The site plan shall, at the minimum, depict all existing and proposed buildings and permanent structures, parking spaces, driveways, service and work areas, and other open uses shown at scale. The site plan shall show the distances between the proposed Marijuana Establishment and all existing uses within 1,000 feet of the property lines of the proposed Marijuana Establishment. The site plan shall be accompanied by all additional documentation required in this Section, including plans for energy use, water use, security and lighting, solid waste management, parking and traffic flow, as appropriate.

16 In the event that the SPGA or PGA determines that circumstances necessitate expert technical review, the Planning Board or Zoning Board of Appeals reserves the right to select expertise for the review, and the expense of the review shall be paid by the Applicant, as provided in Article VI, Section C.

17. Hours of operation: In no event shall a Marijuana Establishment operate between the hours of 7:00 pm and 8:00 am. The hours of operation shall be set by the SPGA/PGA.

18. Reporting: All marijuana establishments shall provide contact information of the managerial staff to the Town Coordinator. All such contact information shall be annually submitted to keep it current and accurate, or more frequently if significant staffing changes are made. The Town Coordinator may distribute or publicize this information for purposes of public safety, to notify other marijuana or hemp growers to minimize occurrences of cross-pollination, or for other purposes that the Selectboard sees

fit and directs the Town Coordinator to act upon.

19. Retailer limits: No more than four Marijuana Retailers will be permitted to operate in the Town of Wendell.

20. Failure to provide all of the required materials and information shall be grounds for denial of an application. The SPGA or PGA may require additional or supplemental information at its discretion, and the Applicant's failure to timely provide such information shall also be grounds for denial of the application.  

21. Change in License or Owner: The Owner and Licensee of any Marijuana Establishment

issued a permit under this bylaw shall report to the SPGA or PGA, Building Inspector, and Town Coordinator, in writing, within 30 business days any change in the name of the legal owner of the Marijuana Establishment. Any failure to meet this requirement of this bylaw may result in the immediate issuance of a cease and desist order by the Building Inspector ordering that all activities conducted under the permit cease immediately. The Owner and Licensee of any Marijuana Establishment issued a permit under this bylaw shall report, in writing, within 10 business days any expiration or suspension of a state-issued license to the SPGA or PGA, Building Inspector, and Town

Coordinator. Any failure to meet this requirement of this bylaw may result in the immediate issuance of a cease and desist order by the Building Inspector ordering that all activities conducted under the permit cease immediately

22 Change of Ownership: A permit issued under this Article shall lapse upon any transfer of ownership or legal interest of more than 25% or change in contractual interest in the subject premises or property. The permit may be renewed thereafter only in accordance with this section and Article VI, Sections C and D,  (Special Permit) and (Site Plan Review), of these bylaws.

Section F Conflicting Provisions

In any case of conflict between the provisions within this section, or between this section and any other section in this zoning bylaw, the more restrictive provision shall apply.

Section G Expiration

A permit to operate a Marijuana Establishment shall expire after a period of five calendar years from its date of issuance but may be renewable for successive five-year periods thereafter, provided that a written request for such renewal is made to the SPGA or PGA at least six months prior to said expiration; that no substantial objection to said renewal is made and sustained based upon compliance with all conditions of the permit; that public safety factors are applied at the time the permit renewal is requested; and that the Purpose and Intent outlined in  of this Section will continue to be met with a renewal for operation.

Section H Severability

The invalidity of any section or provision of this article shall not invalidate any other section or provision thereof.  

 

 

ARTICLE 17: To transact any other legal business that may come before said meeting, or take any action thereon.

And you are directed to serve this Warrant by posting up attested copies thereof at the Wendell Town Office Building, 14 days at least prior to the time of holding said meeting.

Hereof fail not, and make due return of this Warrant with your doings thereon, to the Town Clerk, at the time and place of meeting, as aforesaid.

Given under our hands this 11th day of September  in the year of our Lord two thousand and twenty.

_________________________________      {          SELECTBOARD

_________________________________      {                      OF

 

_________________________________      {               WENDELL

 

 

A true copy.  Attest: ________________________________________, Constable

Wendell, Massachusetts

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