Sunderland Elementary School 
Sunderland Elementary School  Credit: RECORDER FILE PHOTO

SUNDERLAND — Adoption of a proposed article on the Jan. 28 special town meeting agenda would both accommodate and restrict the marijuana industry were it to make its way into town.

The article proposes amending Sunderland’s zoning bylaws to define various terms associated with the pot business and to include different types of marijuana-releated establishments in a section of certain zoning regulations. The special town meeting, which has nine articles on its warrant, is scheduled to begin at 7 p.m. in Sunderland Elementary School.

If voters adopt the article, marijuana cultivation would be banned in each of Sunderland’s five districts. The only exception would be 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. 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.

Marijuana retail stores 2,000 square feet or less would be allowed in C1 and C2 districts with a special permit, and stores greater than 2,000 square feet up to 5,000 square feet would be permissible in C2, also with a special permit. Marijuana retail stores greater than 5,000 square feet would be banned.

Special permits would allow for marijuana processing or product manufacturing in C2 districts and for marijuana research facilities or independent testing laboratories in C1 and C2 districts.

By state law, all structures pertaining to marijuana must be set back at least 500 feet from schools, churches and other places where children regularly congregate.

Adoption of this article would also provide definitions for independent testing laboratory, marijuana cultivator, marijuana establishment, marijuana product manufacturer, marijuana products, marijuana research facility and marijuana retailer.

Another article on the warrant asks if voters wish to “impose 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.”

The special town meeting warrant can be viewed at bit.ly/2CgoIFD, though it has been posted sideways.