West Newbury planning board recommends leaving marijuana ban to town voters after public hearing

The West Newbury Planning Board on April 21 held a public hearing on a select-board–proposed zoning amendment to prohibit all marijuana establishments in town and, after public comment and internal debate, voted to recommend that the decision be left to town meeting and a follow-up ballot vote.

The select board representative provided state context and the proposed text of new Section 9.11, which would prohibit all types of licensed marijuana businesses in town if approved by voters. The legal notice read during the hearing cited General Laws chapter 94G and 935 CMR 500 and made clear that the prohibition would be effective only if the town adopts the bylaw at town meeting and then approves the ballot question at a later election.

Why it matters: under the 2016 state ballot measure municipalities that voted to allow recreational marijuana were required to take additional steps to ban establishments; for towns that voted yes in 2016 both a bylaw at town meeting and a separate ballot initiative are required to prohibit businesses. The select board said its proposal gives the town an explicit option to ban marijuana businesses while leaving a previously prepared overlay zoning district available if voters do not approve a ban.

During the public-comment period a resident identifying only an address (12 Maple Street) told the board she opposed siting a marijuana retail business in the village business district because of what she described as increased traffic, bright exterior lighting and the potential to depress adjacent property values. "There are tremendous amounts of residents that live around the business district," the resident said, and urged voters to support a prohibition at town meeting.

A planning board member who spoke for the select board’s rationale summarized the trade-offs: the state’s default rules allow establishments outside of school buffers (a 500-foot standard noted in the legal notice), while local zoning could require a business be located only in a designated business district with a 250-foot setback from the preschool’s front door and site-plan controls for lighting, parking and traffic.

The board debated whether to take a formal policy position or to leave the question to the electorate. Members who opposed taking a definitive planning-board position said they lacked conclusive evidence that a small, well‑regulated marijuana retailer would harm the downtown, while others said the character and small scale of West Newbury’s village made the risk unacceptable. The board voted that its recommendation would be “will of the town.” Recorded roll-call on that motion was: Anne Vardin, yes; Ray Cook, yes; Deb Hamilton, yes; Rob Phillips, no. Tim was present but did not cast a vote on that motion.

What happens next: the planning board’s recommendation will be reported at town meeting. Town meeting is scheduled for Monday, April 27 at 6:30 p.m. in the annex; if town meeting adopts the prohibition, the matter must also be approved later by ballot (town election scheduled May 4) for the ban to take effect.

Authorities cited in the hearing included General Laws chapter 94G and 935 CMR 500. The planning board also reminded residents that the draft zoning overlay mapping and the full bylaw text are on file with the town clerk and available on the town website.

The planning board closed the public hearing before moving on to other agenda items.