At their Jan. 8 meeting, Planning Board members reached a consensus on a set of proposed bylaws to regulate the sale and cultivation of marijuana in Harvard. The new bylaws would set a town limit of two marijuana sales licenses, issued by special permit, and restricts sales to the commercial district along Ayer Road.
Following the passage of the 2016 state referendum on the legalization of recreational marijuana, municipalities across the state are preparing for July 1, 2018, the date when legalization will go into effect. Harvard’s current bylaws permit the sale of medical marijuana in up to two retail dispensaries, although no businesses currently take advantage of this.
The state regulation sets a minimum number of marijuana sale licenses at 20 percent of the number of off-premises liquor licenses. Harvard has two such licenses, meaning that the state-mandated minimum would be one. Town Planner Bill Scanlan recommended increasing that number to two, wishing to avoid creating a monopoly. Planning Board member Rich Maiore agreed, citing the town’s current medical marijuana law as precedent for that number.
The proposed bylaw would restrict hours of operation to 8 a.m. to 8 p.m., with Planning Board Chairwoman Erin McBee citing concerns about a “late night crowd” as the reason for the restriction. It would also require an increased setback from residential properties, with the Planning Board currently undecided among 100, 150, and 200 feet as the final number. Beyond these restrictions, retail sale of marijuana would be treated no differently from other retail operations.
The growing of marijuana was also discussed at the meeting. The state law bans outdoor growing by default, unless towns specifically allow it. In cases where outdoor growing is allowed, the state law requires a variety of security procedures, such as fences, and also mandates that the plants not be visible from public roadways. The new Harvard bylaw would permit outdoor growing, on the grounds that it is likely to be better for the town’s viewsheds than the greenhouses associated with indoor growing.
These bylaws will appear on the 2018 Annual Town Meeting warrant. Before then, there will be public hearings to take in public opinion. Planning Board members shared a concern that if the bylaws did not pass at Town Meeting, there would be no local regulation on recreational marijuana. To ensure town control, they plan to prepare amendments to the bylaws that could be added on the spot, to make sure that some regulation will be in place.
