By Beth David, Editor
A group of Fairhaven residents presented two petitions to the Selectboard at its meeting on Monday, 9/24, asking for the board to support extending the moratorium on marijuana retail shops in town, and to place a question on the ballot to ban pot shops in town.
The ballot question would be non-binding if submitted by the residents, but the group hoped that after the board saw the number of voters who signed, the board would reverse its position and place the question on the ballot. Only the Selectboard can place a binding question on the ballot.
The other petition was for an article to be placed on the warrant of the next Town Meeting, asking that they extend the moratorium on retail marijuana shops past the 12/31/18 that is currently in place. A Special TM has been scheduled for 11/13.
The group hopes to extend the moratorium long enough for the town to vote in the April election. Their goal is to get the voters to ban retail pot shops in town before any can start operating.
The group re-hashed all the old arguments, and threw in some new ones, along with some misinformation that did not get countered during the meeting.
Selectboard chairperson Daniel Freitas was absent from the meeting, so it fell to Vice Chair Charles K. Murphy, Sr., and board member Bob Espindola to reiterate that the board had made the decision not to put a question on the ballot.
Also at issue is the precise wording of the two measures: If voters signed the petition expecting the ballot question or the TM article to be exactly what was written on the petition, or if making changes would require the group to collect the signatures all over again.
Town Administrator Mark Rees said the wording of both the warrant article and ballot question had to conform to regulations. He suggested having Town Counsel look at the two petitions to see if they complied.
Doug Brady said he felt as long as the wording adhered to the “spirit” of the petitions, then he did not feel they should have to collect signatures all over again. He did say, however, that the group was willing to do that if necessary.
Deadline for citizen articles for the Special TM in November is about three weeks away. There is more time for the question that would be on the ballot in April.
The moratorium article will require a public hearing by the Planning Board, said Mr. Rees. The PB will also make a recommendation on the article, although Town Meeting will not be bound by that recommendation.
Several people addressed the board with a variety of concerns about recreational use of marijuana in Fairhaven.
Marijuana use and possession of small amounts of marijuana are legal in Massachusetts after a 2016 state-wide vote legalized pot in the state.
The discussion around complaints of private use, mostly prompted the board to note that the town has no way to stop a citizen from buying marijuana from a shop in a neighboring town and using it at home. The law also allows for residents to grow up to six plants per person, 12 per household for personal use.
Karen Vilandry said she felt the town was “very unprepared” to handle the issue of recreational marijuana. She noted that pot is still illegal federally, and talked about the developing brains of children. She said the extended moratorium would give the town a chance to learn more about the effects of pot.
She did say, erroneously, that the existing Medical Marijuana Dispensary in Fairhaven, Bask, would be responsible for setting up shops throughout the town. It is unclear how she came to that conclusion. The reality is that Bask has preference with the state’s Cannabis Control Commission because it already has been put through the gauntlet to get approved for medical marijuana, but Bask will have no authority over other establishments in town.
The bylaw that the Planning Board has drafted would limit retail shops to the same Medical Marijuana overlay district, which is in the industrial zone in Fairhaven, along Alden Road, near Bridge Street.
Ms. Vilandry also cautioned that the edibles being sold are flavored and that minors will be drawn to them. She noted that a recent fatal accident involved a young person high from pot.
“It’s not a pretty sight,” said Ms. Vilandry. “It’s not a pretty sight.”
Maria Carvalho told the board that she cannot sit outside because she can smell marijuana from her neighbor.
“What about my rights,” she asked
Mr. Murphy and Mr. Espindola noted that there was nothing the town could do to stop personal use of pot on private property.
“I just want to say publicly that it was the wrong thing to do when they passed it,” said Ms. Carvalho.
Mr. Brady noted that the people who signed the petitions had many different reasons for doing so, but they all wanted to see a new vote.
He and a couple of others emphasized that the issue was not about medical marijuana, it was strictly about recreational retail shops.
Bernard Roderick, speaking about the moratorium, said there was no harm in getting an extension to let the Planning Board “get it right the first time.”
“I personally feel that extending it six months is in no way detrimental to the process,” said Mr. Roderick.
Mr. Espindola reiterated that he was not a supporter of legalizing pot for recreational use, but that he had a problem with the board putting a measure on the ballot. He said he was uncomfortable overriding the will of the voters. If the question, however, comes from those same voters, he said he was more apt to support it.
Mr. Brady said that what they wanted was a more direct question because the 2016 vote was a generic question legalizing pot use.
“The question was not asked, point blank and simple: Do you want retail shops in town,” said Mr. Brady.
Since the meeting, the town clerk’s office has certified 199 signatures on the moratorium petition, so they have enough to put it on the Special TM warrant.
In another matter, the board announced approval of a three-year contract, ending in 12/31/21, for Town Administrator Mark Rees, with an increase in salary from $160,742, to $166,142; and an increase in vacation from four to five weeks. The contract also eliminates Mr. Rees’s car allowance. He said the shifting of the funds from expenses to his salary will help with his retirement. Other changes include an increase in his professional development reimbursement from $3,000 to $4,000 and an increase in his dues and subscriptions from $1,000 to $1,500.
In other business, the board:
• Approved a handicapped parking spot with signs at 64 Fort Street.
• Voted to join a lawsuit with 150 other municipalities against pharmaceutical companies due to the opioid crisis. •••
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