SUNDERLAND — Voters at Monday’s special town meeting chose to establish guidelines for the marijuana industry more than two years after the state legalized it.
Adoption of the article amended Sunderland’s zoning bylaws to define various terms associated with marijuana, and added different types of marijuana-related establishments in a section of the town’s zoning regulations. The 57 voters in the Sunderland Elementary School gymnasium agreed to alter the semantics of some of the proposed language changes before opting, nearly unanimously, to pass the article.
One change was the addition of “Marijuana Transporter” to zoning bylaws’ list of business uses. A marijuana transporter is defined as “an entity, not otherwise licensed by the Cannabis Control 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 the Marijuana Establishments, but not to consumers.”
Under the zoning bylaw changes, Marijuana Transporters are prohibited in all of Sunderland’s districts except for Commercial 2, as long as a special permit is acquired.
Commercial 1 districts, along Route 116, are zoned for commercial use, whereas commercial 2 districts (on Route 63) allow for commercial use, as well as adult entertainment.
Also, references to “Marijuana Retail Stores” were changed to “Marijuana Retailer.”
Marijuana cultivation is now banned in each of the districts. The only exception is cultivation in a building up to 10,000 square feet in a commercial 2 district following receipt of a special permit from the Zoning Board of Appeals. Ellie Kurth suggested amending the proposed changes to allow cultivation in a building up to 10,000 square feet in a commercial 2 district. She said she feels the language of the bylaws is “essentially banning” cultivation. But the proposed amendment was defeated by a voice vote after a few people stood up to say it carried the potential of unintended consequences and too little is known about the marijuana industry at this time.
Marijuana retailers 2,000 square feet or less are now allowed in commercial 1 and 2 districts with a special permit, and those greater than 2,000 square feet up to 5,000 square feet can be in commercial 2 districts, also with a special permit. Marijuana retail stores greater than 5,000 square feet are banned.
Special permits would allow for marijuana processing or product manufacturing in commercial 2 districts and for marijuana research facilities or independent testing laboratories in commercial 1 and 2 districts.
Unless a city or town adopts its own buffer zones, under state law, all structures pertaining to marijuana must be set back at least 500 feet from schools, churches and other places where children congregate regularly.
Russell Lane said he was puzzled because he didn’t think Sunderland had OK’d marijuana. But Planning Board Vice Chairman Steve Schneider, who stood at the front of the gymnasium to explain the article in the absence of Chairman Dana Roscoe, explained that state voters legalized in 2016.
Kurth appeared to be the only person in attendance to vote against the bylaw changes. Moderator Bob Duby said the vote was unanimous. Susan Triolo pointed out that there was a “no” vote, but Duby said he had “the prerogative of not hearing it.” Triolo said she feels that is wrong.
Adoption of another warrant article imposed “a local sales tax at the rate of 3 percent of the total sales price upon the sale or transfer of marijuana or marijuana products by a marijuana retailer operating within the Town of Sunderland to anyone other than a marijuana establishment.”
Voters also agreed to transfer from the Stabilization Account $71,438 to be reimbursed by the state under the Small Town Housing Choice Community Capital Grant Program. The money will be used for analysis, streetscape design and cost estimates for the School Street ADA Improvements & Infrastructure Design Project and the design and constru ction of a manhole on School Street.