In the 2016 state election, a majority of Harvard residents supported referendum Question 4, “Legalization, Regulation and Taxation of Marijuana.” The Planning Board proposed a moratorium on commercial marijuana last year that was defeated. Thus, there are currently no rules in place for commercial marijuana. Please note, however, that the personal use provisions of the law cannot be altered by a town bylaw.
The proposed bylaws would require all marijuana establishments and cultivators to obtain a special permit from the Planning Board. This is a discretionary permit that requires four affirmative votes of the five-member board. The board can deny the permit if it feels the proposed use would be detrimental to the neighborhood or town.
The board is proposing two marijuana articles. One would allow commercial cultivation by special permit in the agricultural-residential (AR) district, which covers most of Harvard. Farming enjoys strong support in Harvard, and the board believes that allowing marijuana cultivation could enable some farmers to continue farming and preserve their farms. Applicants would have to maintain a 200-foot setback from their property line. During the public hearing, the board heard testimony that marijuana cultivation should be allowed both outdoors and in greenhouses; as a result, the proposed bylaw would allow growing of up to 10,000 square feet of marijuana canopy of both types. (Canopy measures all levels of growing area.) While state regulations allow a maximum of 100,000 square feet of canopy, the board has opted for a much smaller area to minimize visual and lighting impacts on a neighborhood. In addition to the local bylaw, an applicant would also need to apply for a license from the state’s Cannabis Control Commission (CCC).
The second article would allow a marijuana establishment (retail sales, marijuana product manufacturing, cultivation, testing labs, but excluding social consumption establishments) by special permit in the commercial (C) district. (The C-district runs on both sides of Ayer Road from the Route 2 interchange to around Myrick Lane.) The bylaw would allow just one marijuana establishment in the district. A marijuana establishment could not be located within 500 feet of a school or day care center, and would need to be at least 200 feet from the AR district. These setbacks are intended to minimize the impact on residential neighborhoods and protect children from marijuana influences. Establishments could have a maximum of 6,000 square feet of floor area, of which up to 3,000 square feet could be retail. Applicants would also have to obtain a license from the CCC and comply with all of its regulations.
The state law allows communities to tax marijuana sales and impose an impact fee to offset the new costs to the town. The Board of Selectmen would be responsible for negotiating the terms of a host community agreement.
In summary, the Planning Board has tried to strike an appropriate balance between protecting public safety and community character on the one hand, and enabling residents to take part in legal marijuana activities on the other. As zoning amendments, the articles require a two-thirds majority at Town Meeting. This is an important question that will affect the culture of the community, and the board encourages residents to engage in a spirited debate at Town Meeting.
Erin McBee is chairperson of the Planning Board.
