Fall town meeting: bylaw changes, no new limits on marijuana dispensaries

Brookline’s 2014 fall town meeting held its first session Tuesday, November 18, working through 12 of 20 articles. A second session looks likely to complete the agenda. It starts at 7:00 pm Wednesday, November 19, in the High School auditorium, reached via the side entrance at 91 Tappan St. A summary of actions at the November 18 session, by article number, follows:

  1. unpaid bills–none, no action
  2. collective bargaining–two contracts approved
  3. budget amendments–$0.04 million allocated
  4. Cleveland Circle sewer abandonment–approved
  5. Cleveland Circle sewer rights releases–approved
  6. Cleveland Circle authorizations–approved
  7. gender identity and expression–bylaw amendments approved
  8. disorderly conduct–bylaw amendments approved
  9. noise control–referral rejected–no action
10. commercial recycling–bylaw amendments approved
12. marijuana dispensary zoning–referral rejected–article defeated
14. naming for Hennessey Field–approved through a substitute article

The high point of the evening was rejection of all three motions on Article 12, after a long and vigorous debate about new limits on locations for medical marijuana dispensaries. Sponsors failed to get even one-third support for their zoning amendment, which needed two-thirds to pass. Because of the defeat, they will be unable to take the issue back to town meeting for two years.

Medical marijuana: Under Article 12, Gordon Bennett of Davis Ave. and other petitioners proposed more limits on locations of licensed dispensaries for medical marijuana–adding 500-foot exclusion zones around day-care centers and places where “children commonly congregate.” The Planning Department had analyzed the proposal and prepared a map for the effects of Article 12. [Supplement No. 1, pp. 8 ff.]

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 to allow state-regulated dispensaries in general business, office and industrial zones. They require a special permit from the Zoning Board of Appeals. The boundary of a site must be at least 500 feet from the boundary of any school property. A building proposed for a dispensary may not contain a day-care center.

Mainly because of the large number and wide dispersal of day-care centers, the Planning Department found no eligible location left in Brookline with Article 12. Currently there are four: along Commonwealth Ave. near Pleasant St., in the Coolidge Corner area on and near Beacon St., in Brookline Village near the intersection of Washington and Boylston Sts. and in the Chestnut Hill area near the intersection of Boylston and Hammond Sts.

Starting with the Zoning Bylaw Committee, six boards and committees reviewed Article 12, all coming out in opposition. Seeing that, some supporters of further limits, led by Precinct 11 town meeting member Jennifer Goldsmith, proposed to refer the article to a special committee to be appointed by the moderator, Edward “Sandy” Gadsby. That would have prevented defeat, keeping the issues in play for future actions.

Led by Precinct 5 town meeting member Angela Hyatt, other supporters of Article 12 moved to add to the referral motion a moratorium on dispensary licensing, for about six months. That was fairly clearly outside the scope of the article, which concerns itself only with zoning. However, Mr. Gadsby allowed it to be debated and voted on, saying only that it was of “doubtful legality.”

Arguments at town meeting largely repeated those at nine full-dress reviews held by boards and committees. One new element came from Mr. Bennett, who revealed that his mother had benefitted from treatment with medical marijuana during a long illness–supplied by “a friend.” Town meeting was not persuaded. After an hour and a half of debate, Ms. Hyatt’s amendment was defeated by a large majority in a show of hands. The referral motion went down by 65-138 and the main motion on the article by 60-146, both using electronically recorded votes.

Noise control: Under Article 9, former town meeting member Fred Lebow tried to weaken Brookline’s noise control bylaw. It was exactly the same article that was rejected at this year’s annual town meeting in a unanimous vote of No on a main motion–a very rare event. Nevertheless, the Board of Selectmen proposed to refer Article 9 to a new Noise Control Bylaw Committee. They had previously appointed Mr. Lebow to the Naming Committee, which he chaired this year.

Mr. Lebow, an acoustic engineer, has wanted to make life easier for fellow engineers by exempting them from night-time work–instead, estimating night-time noise by adjusting the amount of noise measured during the day. Mr. Lebow’s article would also have completely exempted any leafblower from noise regulation that is not handheld or carried in a backpack. It would have legitimized use of European noise meters, which are calibrated to different standards from the meters that are now authorized and in common use in the U.S. Previously, Mr. Lebow had disclosed that he owns a European meter.

Precinct 6 town meeting member Tommy Vitolo, whose air-strikes sank Mr. Lebow’s article last spring, returned to the fray: “The article still stinks.” A referral proposal, said Dr. Vitolo, “won’t solve a problem.” Real problems with noise control, he said, don’t need “tinkering with language…Are there sightings of landscapers thumbing through town bylaws? I doubt it.”

Precinct 13 town meeting member Andrew Fischer seemed equally incensed. Article 9, he said, was an attempt to narrow the meaning of “leafblowers,” exempting some from regulation. Precinct 3 town meeting member Jane Gilman objected to both the article and the motion to refer it, saying, “This article is not worthy of our time…It is simply going to delay other business.” The motion to refer failed by a big majority, on a show of hands. No other motion was offered, leaving “no action” as the disposition of Article 9.

Hennessey Fields: Under Article 14, the town meeting was asked to designate the playing fields at Cypress Playground as Hennessey Fields. Because of objections to a 10-year duration specified in Article 14, the Board of Selectmen proposed a substitute article in a synchronous special town meeting warrant, making the designation permanent.

Precinct 2 town meeting member Stanley Spiegel and Precinct 6 town meeting member Robert Sperber reviewed the contributions to Brookline by the late Thomas P. Hennessey, the only person to have chaired both the Board of Selectmen and the School Committee–serving between 1969 and 1995. He had been a star athlete at Brookline High School. Both his father and his mother had also served on the School Committee.

Betsy DeWitt of the Board of Selectmen recalled chairing the Advisory Committee in 1994–while Mr. Hennessey chaired the Board of Selectmen–and working with him to organize Brookline’s first tax override. He was particularly effective, she said, handling conflicts and building coalitions. The naming article from the synchronous town meeting was approved 208-1, with only Precinct 12 town meeting member Harry Friedman opposed.

Union contracts: Under Article 2, town meeting reviewed union contracts with police officers and emergency dispatchers. Those involved over two years of negotiations, making significant changes but providing salary adjustments generally comparable to the ones for other employees. According to Sandra DeBow, the human resources director, Brookline is replacing the former state “Quinn” program for education incentives with a program that recognizes a much wider range of achievements.

Daniel O’Leary, the police chief, described the long negotiations, exchanging a 5-percent “senior step” in pay after 20 years service in return for “changing management.” The unionized, civil-service jobs of police captains are being abolished, as the four current captains retire. They are being replaced by management positions called “deputy superintendents.” Town meeting approved, in unanimous votes.

Cleveland Circle: Under Articles 4, 5 and 6, town meeting approved legal abandonment of long unused sewer connections through the development site at the former Circle Cinema in Cleveland Circle, and it authorized the Board of Selectmen to enter into tax and development agreements–all by unanimous votes.

Kara Brewton, the town’s economic development director, mentioned a partnership for this project that had been announced in business journals Monday, November 17. National Development of Newton Lower Falls will work on senior housing, while Boston Development Group will pursue hotel, office and retail at Cleveland Circle. Only the latter are planned on the part of the development in Brookline.

Other business: Sponsor Alex Coleman of Tappan St. described the topics of Article 7, adding gender identity and gender expression to Brookline’s protected classes. Responding to a question from Precinct 6 town meeting member John Bassett, Dr. Coleman said gender identity means “one’s sense of who one is,” and gender expression means “how you show the world what your identity is.” Town meeting unanimously approved the bylaw changes.

Under Article 8, town meeting approved changes to Brookline’s disorderly conduct bylaw proposed by Mr. O’Leary, the police chief, and Patricia Correa, an associate town counsel. They say the changes are needed to comply with state and federal court rulings. Their revisions seem to expect any would-be offenders will be experts in Constitutional law, saying “disorderly” will “only relate to activities that involve no lawful exercise of a First Amendment right.”

Under Article 10, Precinct 4 town meeting member Alan Christ had convinced the Board of Selectmen and Advisory Committee to honor longstanding promises of commercial recycling. Mr. Christ came in next-to-last in the 2014 town election but got in for the year by caucus when another town meeting member resigned. Moving on swiftly, Mr. Christ salvaged his article from referral limbo. [Supplement No. 1, pp. 1 ff.]

In last-minute prestidigitation, the Board of Selectmen tweaked Mr. Christ’s proposal, providing a one-year delay, putting the onus on property owners rather than business operators and allowing “temporary waiver” of recycling “for cause”–whatever that might mean. Town meeting gave the amended article unanimous approval.

– Beacon staff, Brookline, MA, November 18, 2014


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

Board of Selectmen: interviews and warrant articles, Brookline Beacon, October 16, 2014

Zoning Bylaw Committee: no new restrictions on marijuana dispensaries, Brookline Beacon, October 28, 2014

Board of Selectmen: Muddy River project, school construction and warrant articles, Brookline Beacon, October 29, 2014

Advisory Committee: no new restrictions on marijuana dispensaries, Brookline Beacon, October 31, 2014

One thought on “Fall town meeting: bylaw changes, no new limits on marijuana dispensaries

  1. Gordon Bennett Post author

    Your coverage has a couple of factual errors:

    a) Because of town’s expansive interpretation of “a facility in which children commonly congregate,” we changed the main motion language to “playgrounds or parks with play structures,” to ensure there were areas in Brookline where an RMD could be sited.

    And b) beyond the story of my mother (was town meeting not persuaded that marijuana helped her?), Dr Tim Naimi, with authority and detail, demonstrated that the DPH regs are actually some of the most lax in the country.

    Editor’s note — Sponsors of warrant articles often rework motions presented to town meetings but cannot change articles after a warrant is published. The Beacon does not try to report all these maneuvers.

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