Zoning Bylaw Committee: no new restrictions on marijuana dispensaries

The Zoning Bylaw Committee met to review proposed new restrictions on marijuana dispensaries Monday, October 27, starting at 7:30 pm in the first floor south meeting room at Town Hall. Article 12 for the November 18 town meeting proposes to exclude these facilities within five hundred feet of day-care centers and places where “children commonly congregate.” The committee had held a public hearing on the article September 22.

Proponents: In November of last year, after voter approval the previous year of a state law to allow marijuana distribution for medical use, Brookline adopted zoning amendments to allow state-regulated dispensaries in general business, office and industrial zones. The use requires a special permit from the Zoning Board of Appeals, the property boundary must be at least 500 feet from the boundary of any school property and the building may not contain a day-care center. Section 4.12 of Brookline’s zoning bylaw contains several other general restrictions and some procedural requirements.

Gordon Bennett of Davis Ave. and the other petitioners for Article 12 argue that those restrictions are not enough. They claim a basis for the specifics of their proposal in a regulation of the Massachusetts Department of Public Health, presumably meaning 105 CMR 725, titled “Implementation of an Act for the Humanitarian Medical Use of Marijuana.”

At the committee’s hearing and at several other recent meetings, Mr. Bennett claimed Brookline should have followed regulations from the state’s public health department–adding exclusion zones around day-care centers and places where “children commonly congregate.” However, the petitioners for Article 12 quote selectively from state regulations.

Crumbling claims: The state regulation at issue, 105 CMR 725.110(A)(14), can be found in a section titled “Security Requirements.” It provides (in full):

“An RMD [registered marijuana dispensary] shall comply with all local requirements regarding siting, provided however that if no local requirements exist, an RMD shall not be sited within a radius of 50 feet [sic] of a school, daycare center or any facility in which children commonly congregate. The 500 foot distance [sic] under this section is measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed RMD.”

The regulation is only a default. It applies “if no local requirements exist.” Last year, Brookline enacted its own local requirements in Section 4.12 of its zoning bylaw. The regulation does not apply to Brookline. Since it was the keystone of Mr. Bennett’s claims, they appear to crumble. He and the other petitioners for Article 12 are left with general arguments about “protecting children” but not with the hard-edged specifics such as a “radius of 50 feet” or a “500 foot distance.”

Opponents: The petitioners for Article 12 claimed that in Colorado half the prescriptions for medical marijuana had been written by a dozen physicians. One of the petitioners, Elizabeth Childs of Walnut St., showed how that might happen. Ironically, the statement from Dr. Childs, a physician, became an argument in opposition.

Dr. Childs said she, along with other physicians belonging to the practice groups of the major Boston medical centers, would refuse to prescribe marijuana. That is likely to leave a small number of independent physicians as sole resources for patients interested in treatment. As in Colorado, a small number of physicians is then likely to write a large fraction of prescriptions, because of rigid attitudes adopted by other physicians.

Eddie Benjamin of Brookline objected that petitioners for Article 12 wanted to ban marijuana dispensaries by leaving no place for one to locate. Maps prepared by the Planning Department confirmed that locations of parks, playgrounds and child-care facilities in Brookline were so numerous and widely dispersed that no part of a general business, office or industrial zone would remain as an eligible site.

New England Treatment Access (NETA), now headed by Arnon Vered of Swampscott, proposes to use the former Brookline Bank building at the intersection of Boylston and Washington Sts. Mr. Vered argued that it is one of the few suitable sites in Brookline: an isolated, single-use building in a general business zone, on a state highway with on-site parking, close to a transit stop on Station St.

According to Polly Selkoe, the assistant director of regulatory planning, the Brookline Bank location is an eligible site under current zoning, and NETA has filed a plot plan that freezes the zoning for its site. Under those conditions, even if town meeting were to pass Article 12 as submitted, NETA would be able to use the site as long as it began operations within three years from filing the plot plan.

Review: Committee members found claims advanced for Article 12 unconvincing. Linda Hamlin, who chairs the Planning Board, said there was “no evidence day cares are put in jeopardy.” Kenneth Goldstein, who chairs the committee and the Board of Selectmen, said, “Voters in Brookline have spoken clearly…The bank is about as good a location as we could find in this town.” The committee voted unanimously to oppose Article 12.

– Beacon staff, Brookline, MA, October 28, 2014


Marijuana dispensary zoning, currently allowed, Town of Brookline, October, 2014

Marijuana dispensary zoning, proposed Article 12, Town of Brookline, October, 2014

An Act for the Humanitarian Medical Use of Marijuana, St. 2012 C. 369, Massachusetts General Court, November, 2012 (enacted by voters through a ballot initiative)

Implementation of an Act for the Humanitarian Medical Use of Marijuana, 105 CMR 725, Massachusetts Department of Public Health, May 24, 2013

Zoning bylaw, Town of Brookline, MA, June 2, 2014

Warrant for Special Town Meeting, November 18, 2014, Town of Brookline, MA

Warrant explanations, November 18, 2014, town meeting, Town of Brookline, MA

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