10/16/2017 Annual Town Meeting - Laserfiche WebLink

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benefits to be provided by a prospective lessee, with respect to that certain parcel of Town owned land identified on Mashpee Assessor's Map 85 as Parcel 1-0 and located at 91 Milford Road (Also known as Childs River Conservation Area) in Mashpee, Barnstable County, Massachusetts, consisting of 24.70 acres, more or less, for the purpose of facilitating implementation of the Childs River Restoration Project and improving the conservation, recreational and open space qualities of the subject land consistent with the permitted uses of said land under Article 97 of the Amendments to the Massachusetts Declaration of Rights, and to authorize the Conservation Commission to enter into all agreements and to execute any and all instruments on behalf of the Town as may be necessary to effect such a lease. Motion passes by a 2/3`'d,vote as declared by the moderator at 7:39 PM. Article 12 To see if the Town will vote to adopt the following Bylaw to implement a temporary moratorium until December 31, 2018 on the local permitting and use of land or structures for recreational marijuana establishments and marijuana retailers in the Town in order for the Town to have sufficient time and opportunity to review yet to be promulgated Cannabis Control Commission regulations relative to said establishments/retailers and to consider and develop appropriate local Bylaws pursuant to comprehensive planning studies and appropriate public planning processes, or take any other action relating thereto: Add the following new General Bylaw Section: " Marijuana Establishments" A. Purpose By vote approving Question 4 at the State election on November 8, 2016, the voters of the Commonwealth approved a law allowing the non-medical cultivation, distribution, possession and use of marijuana for recreational purposes (Chapter 334 of the Acts of 2016). Revised/amended law on the subject was enacted by the General Court and the Governor effective December 15, 2016 (Chapter 334 of the Acts of 2016) and, thereafter, on July 28, 2017 (Chapter 55 of the Acts of 2017). The new law is codified at G.L. c. 94G, and municipalities are authorized by Section 3 thereunder to adopt bylaws for the purpose of regulating said activities. The recently appointed Cannabis Control Commission is presently required to issue final State regulations regarding implementation of said law by March 15, 2018. Currently under the Mashpee Bylaws, Marijuana Establishments and Marijuana Retailers are not permitted uses in the Town and the regulations to be promulgated by the State Cannabis Control Commission are expected to provide significant guidance to the Town with respect to local regulation of Marijuana Establishments and Marijuana Retailers. The regulation of Recreational Marijuana Establishments and Marijuana Retailers raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Recreational Marijuana Establishments and Marijuana Retailers and address such novel and complex issues, as well as to address the potential impact of the prospective State regulations on local regulatory authority, and to undertake a planning process to consider amending the Town Bylaws regarding regulation of Recreational Marijuana Establishments and Marijuana Retailers and other uses related to the regulation of recreational marijuana. The Town intends to adopt a temporary moratorium on the local permitting and use of 9