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Massachusetts: City of Falmouth: Amendments to Zoning Ordinance: Marijuana

In accordance with Section 5, Chapter 40A MGL and Article XXXXIII of the Falmouth Zoning Bylaw, the Falmouth Planning Board shall conduct a public hearing on Tuesday, January 8, 2019 at 6:40 pm, in the Town Hall, 59 Town Hall Square, Falmouth, MA 02540, to discuss the following proposed amendment(s) to the Falmouth Zoning Bylaw: Article: To see if the Town will vote to amend the Zoning Bylaw Article XXXIX – Site Plan Review - by amending § 240-193 Procedure by adding a new sub section C to read: C. No certificate of occupancy shall be issued until an As-built plan, prepared by a registered architect, landscape architect or professional engineer has been submitted and verified by the Planning Board’s designee within 7 days of the As-built submittal that all conditions of approval have been met. Article: To see if the Town will vote to amend the Zoning Bylaw Article XLIII – Amendments – by amending § 240-225 Notices deleting the words “by certified mail” so that the revised section will read: Amendments to any district of the Official Zoning Map shall require that notice of the Planning Board public hearing required by MGL c. 40A, § 5, be sent postage prepaid, to all parties in interest in accordance with MGL c. 40A, § 11, when those amendments involve the rezoning of 10 or fewer parcels of land. When greater than 10 parcels of land are proposed for rezoning, notice shall be accomplished by publishing a map in the local newspaper together with the public hearing notice required by MGL c. 40A, § 5. Article: To see if the Town will vote to amend the Zoning Bylaw Article XIV Dimensional Regulations – by amending § 240-68 Setbacks subsection A. establishing a 30 feet maximum setback from the street frontage for parcels in the General Residence and Business 2 and Business 3 Districts so that the revised subsection will read: A.  Minimum setbacks from the street frontage shall be 25 feet, however in the General Residence, Business 2 and Business 3 Districts there shall be a 35 feet maximum front setback with the following exceptions: Article: To see if the Town will vote to amend the Zoning Bylaw Article XLVII – Marijuana Treatment Centers – by amending § 240-250 B. Definitions: of Marijuana Treatment Center/Registered Marijuana Dispensaries so the bylaw will be consistent with the regulations adopted for such facilities by the Massachusetts Department of Public Health. (105 CMR 725.000) as called for in the Zoning bylaws Purpose section deleting the words “not-for-profit” so that the revised definition will read: An entity registered under 105 CMR 725.000 that acquires, cultivates, possesses, processes, transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, including development of related marijuana-infused product (MIP), related supplies, or educational materials to registered qualifying patients or their registered personal caregivers. Full text is available for public inspection in the Falmouth Planning Office and the Falmouth Town Clerk’s Office, 59 Town Hall Square, Falmouth Massachusetts 02540, Monday through Friday 8:00 am to 4:30 pm.