EAST LONGMEADOW — Jeffrey and Christina Brooks are seeking to open a recreational marijuana dispensary in the industrial zone on Shaker Road. The couple knew they would need a bylaw amendment to do so but ran into an unexpected roadblock when they came before the Town Council on Nov. 26.
Christina Brooks described the business as a place to “provide consumption and safe access” for customers in the area, who she said are currently driving at least 20 minutes to other communities.
The bylaw changes suggested by the Brookses were reviewed by the council. Council President Connor O’Shea said the existing bylaw was adopted by the town after medical marijuana was legalized by Massachusetts in 2012 and mostly focuses on that application.
In preparation for the meeting, Councilor Marilyn Richards had been researching previous decisions on marijuana in East Longmeadow.
“I got into the weeds on this,” Richards said to uproarious laughter from those in the room. She said a ballot question on allowing recreational marijuana from June 6, 2017, was defeated by voters. The question was put to voters at the behest of the Board of Health, which had concerns about children accessing cannabis edibles. “I don’t believe that we, as a council, can change a ballot vote,” Richards said.
Building on Richards’ point, O’Shea said that despite the passage of a statewide ballot legalizing recreational marijuana, 55% of East Longmeadow voters voted against the measure. O’Shea said he wanted input from the town’s legal counsel on whether a bylaw could be changed despite a previous referendum.
Town Manager Tom Christensen also questioned whether the marijuana bylaw could be changed through the town’s established bylaw process, which involves a public hearing, or if it would have to go back to the voters because it had previously been a ballot question.
Councilor Ralph Page said the ballot question was binding, and he did not believe the bylaw process could supersede it. “I would not be comfortable doing it without hearing from voters,” he said.
Christina Brooks said public sentiment on cannabis has changed since 2017. While there were many “unknowns” at the time, many of those questions have been answered by the experiences of communities that have allowed dispensaries. She added that she and her husband own a house in town and have five children in East Longmeadow Public Schools. She said they want to be a part of the town’s business community.
O’Shea and Councilor James Leydon agreed that opinions have changed since the last vote on the matter. Leydon said the town could use the tax revenue with several big-ticket projects underway and on the horizon. Still, he said he would rather it go back to voters.
Commenting on the concern around children and edibles, Jeffrey Brooks claimed Massachusetts has been one of the best of any state in regulating the industry and making sure packaging does not appeal to minors.
The issue was referred to legal counsel. Depending on the legal opinion, O’Shea assured the Brookses that he was willing to put the issue on a ballot, however, the couple would need to be the ones to reach out to and educate voters.
Planning Board bylaws
Two other bylaw matters were also considered by the council. The first was a proposal by the Planning Board to create an unmanned drone bylaw. Planning and Community Development Director Rob Watchilla presented the draft of the bylaw. He explained that the bylaw would not stop people from flying drones but would address “what the Planning Board saw as people’s right to privacy.” He gave the example of people flying a drone past a neighbor’s window.
O’Shea commented that there is nothing stopping someone from walking past a house and taking a photo through a window using a telephoto lens.
Page said the bylaw as drafted was “impossible to enforce.” He said, “There’s a lot of benefits to drones” and noted they are used in parts of the country to deliver packages. It is also common for children to receive drones as gifts.
Page went on to say that most people would not know whose property they were flying a drone over and therefore, the drafted bylaw’s requirement to receive permission was unrealistic. Calling it “overreach,” Page questioned how many complaints about drones the Police Department has received.
O’Shea agreed that it would be “a lot of extra work for police.” In addition, he said only the Federal Aviation Administration can regulate airspace. Further, he had concerns that such a bylaw might subject the town to legal liability. Watchilla noted the FAA already regulates drones.
Richards said it would be beneficial to “establish some criteria” and said the Police Department could use some guidelines to help them if an issue arises. Councilor Jonathan Torcia said drones are still fairly new technology and the council should look at ways to make the bylaw more enforceable. The issue was continued to a future meeting.
The other bylaw from the Planning Board would have regulated property “upkeep” and appearance. Watchilla said the Planning Board has identified issues around town, such as temporary dumpsters not being removed in a timely manner, a restaurant that had a boat for sale on its property and people parking on unpaved surfaces, such as lawns. The last of these Watchilla said can destroy grass and lead to flooding but is “more of an appearance issue.” There were also concerns about people using shipping containers as sheds or garages.
Leydon wondered whether the draft bylaw is the result of “two or three people driving the discussion.” Watchilla said he sometimes receives calls from residents upset that an unregistered vehicle is parked on a neighbor’s property. Christensen said that one of the most frequent calls he receives is one person upset about what a neighbor is doing on their property. He said he is asked, “What can you do about it?” His answer: “Nothing.”
O’Shea said, “I don’t think it’s the job of any local government, especially East Longmeadow, to try to regulate what certain people think is their preferred visual standard for how other people live their lives,”
Page agreed. He said that people with dumpsters on their property are not illegally dumping materials elsewhere and that a person may take six months to renovate a house, making the proscribed 30-day limit unreasonable. He also said that with accessible dwelling units now allowed under state law, East Longmeadow may begin to see people outfitting shipping containers as tiny homes, as is done in other parts of the country. When it comes to trailered vehicles, such as boats, he said, “With what people pay for taxes … let him put it in his driveway. It’s a registered trailer. Who cares?”
Watchilla said that under existing bylaws, large or recreational vehicles are to be screened or otherwise not visible from the street.
Richards said she has received complaints from one resident who has neighbors that park their recreational vehicles next to one another.
Page said the issues may be solved with a rule that the behavior as permitted “as long as the neighbors are okay with it.”
Councilor Anna Jones countered, “So, your neighbors are OK with it so it’s OK for you, but my neighbors aren’t so … ?”
Page said he was not in favor of the bylaw as drafted and did not know what changes would lead him to support it. The council agreed. Instead of referring the bylaw back to the Planning Board for a public hearing, no action was taken and the initiative died.
