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Planning board votes to propose 250-foot setback for marijuana businesses from schools and licensed daycares
Summary
The Planning Board voted to recommend a 250-foot buffer (measured from lot lines) between marijuana establishments and preexisting schools and licensed childcare (including church-run daycares) and asked staff to request a map from the regional planning agency to support the warrant article.
The West Newbury Planning Board voted Jan. 6 to draft a warrant article proposing that marijuana establishments not be permitted within 250 feet of the lot lines of preexisting public or private school buildings that provide kindergarten through grade 12 instruction and licensed child-care facilities (the board specifically identified two church-run daycare sites). The planner advised that the state default applies only to K–12 schools and that including licensed childcare requires local language.
Board members discussed a 500-foot buffer as proposed by other communities but concluded that a 500-foot setback would effectively exclude large areas of the business district and would likely face legal or public-policy challenges. The board asked staff to provide clean ordinance language for the warrant article (Sam to edit legal text) and requested that the regional planning agency prepare a map showing the 250-foot buffer around the identified facilities to help visual review and public outreach.
A motion to proceed with the 250-foot setback proposal and to have staff work with town counsel and the regional planning agency passed unanimously on a roll call of board members.
