Dennis board weighs legal review and a possible nonbinding ballot question after marijuana petition fails to reach two-thirds

The Select Board considered next steps for a citizens’ petition to allow marijuana establishments in Dennis after the article received about 56% support at town meeting but did not meet the two-thirds threshold required for zoning changes.

Chair (S1) said the petition contained drafting problems that legal counsel should correct — for example, language about taxation and locations that would make collection of revenue and regulatory oversight unclear — and recommended sending the petition to KP Law for formal review. Select Board Member (S3) proposed asking voters a nonbinding question on an upcoming special election ballot (potentially Oct. 8, tied to a wastewater debt-exclusion election) to get a broader reading of town sentiment. “I just think that that would give us a better handle on how the townspeople really feel,” S3 said.

Several members noted a state statutory constraint (Chapter 40A, Section 5) mentioned in the meeting: if a proposed zoning bylaw is unfavorably acted upon at town meeting, it generally cannot be considered again for two years unless the planning board recommends it. Board members requested clarification from legal counsel about whether substantive changes to the petition would allow earlier consideration. Resident Brian Hynes urged the board to be clearer about its position and said revenue considerations make the issue important for town finances.

The board did not adopt new bylaw language or place any question on a ballot at this meeting; instead it directed staff to obtain a legal review and to explore the feasibility and wording of a nonbinding question tied to the fall special election timeline.