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land use

Marijuana business ban passes at Special Town Meeting

October 21, 2018

Residents took the first step to ban marijuana-based businesses in Lincoln, at least for now, as residents approved a full ban at the October 18 Special Town Meeting.

Because Lincoln residents voted in favor of legalizing recreational marijuana in the 2016 state election, a two-thirds majority was required to enact the ban. The vote total according to a standing count was 73 percent in favor (140 votes) vs. 27 percent against (53 votes). However, a simple majority must also approve the ban at the town election in March 2019.  

Before the vote on the ban, a large majority of residents approved extending the current moratorium on marijuana businesses until June 30, 2019.

In an earlier town survey sponsored by the Marijuana Study Committee that garnered 408 responses, 61 percent supported a full ban. Of the 39 percent who did not, 85 percent supported allowing marijuana cultivation in town and 70 percent were in favor of allowing retail sales of marijuana products. In the 2016 state vote, 53 percent of the 3,783 Lincoln residents who cast ballots residents voted to legalize recreational marijuana.

The Agricultural Commission voted in August to support commercial cultivation of marijuana in Lincoln. However, the Planning Board and the Board of Selectmen both unanimously recommended that residents approve the full ban. If the town were to allow commercial marijuana cultivation, it would be in keeping with the town’s agricultural character, the committee noted. However, the town would not gain any revenue, whereas if retail establishments were allowed, the town could reap up to 3 percent of gross sales.

  • Click here for FAQs on commercial marijuana in Lincoln (handout from the State of the Town meeting)

Town officials did not have any estimates on either the amount of revenue that retail sales might bring in, nor the cost of additional police time that could be incurred. Police Chief Kevin Kennedy noted that because sales of marijuana is still illegal federally, products must be paid for with cash, potentially increasing the risk of robbery. Marijuana establishments can hire private guards, but they can’t be armed, he said.

Selectmen noted on Saturday that the full ban can be reserved in the future, but once legalized, marijuana businesses could not be banned later. Bedford, Weston, Concord, Sudbury, and Lexington have already approved full commercial bans. Wayland has done so at the ballot box but not at Town Meeting, while Waltham’s vote is still pending.

Owing to its low population density and location, “Lincoln is a most unattractive town in which to put a retail establishment” said Lincoln resident and cannabis operator/educator Jean Welsh, who was a panelist at a public forum on the issue in May. However, existing medical marijuana cultivation facilities in Massachusetts “are extremely secure; we have regulated them to the hilt,” she said. There are 30 dispensaries and about a dozen medical marijuana farms in the Commonwealth, “and we’re just not having issues,” she said.

Saying that alcohol is more dangerous than pot, Welsh wondered if the town ought to ban growing hops, which are used to make beer. For adults, marijuana “just isn’t that dangerous, folks, and I think in five to ten years you’re going to be buying it at Whole Foods anyway.”

The ban does not affect personal, noncommercial growing and possession of recreational marijuana, Selectman James Craig pointed out. Massachusetts law allows residents 21 and older to use the drug and have up to one ounce on their person (up to 10 ounces in their homes). Households with one adult over 21 can also grow up to six marijuana plants, or 12 plants if there are two adults in the household.

The Lincoln move has no effect on potential home delivery of marijuana products. The state Cannabis Control Commission does not currently allow home delivery of cannabis for recreational use, but it is considering allowing small Massachusetts-based marijuana retailers to make in-state home deliveries.

A few residents spoke against instituting the full ban. Given the restrictions on lot size for cultivation and on public visibility of the marijuana plants, “It doesn’t seem like it’s going to change the landscape very much,” said Sharon Antia. “Let’s just do it.”

Two medical professionals voiced warnings about marijuana’s effects on teenage brains. In treating teenagers and young adults having their first psychotic break, “marijuana is the single most important factor I have seen over the years,” said Rakesh Kharmacharya, an associate professor of psychiatry at Harvard Medical School and a clinician at McLean Hospital.

But such information is missing the point of the Town Meeting vote, said Ben Wells. “This isn’t a vote to ban adult use. That genie is out of the bottle. I’m concerned about teen use [of marijuana], but that’s not what’s on the ballot today. I’d hate to see us punish our farmers and entrepreneurs to send a message,” he said.

Peter Braun argued in favor of the full ban. “I’m informed by the wisdom of our surrounding towns,” he said, adding that “we need to see how it plays out” in towns that do allow marijuana businesses.

Category: elections, government, land use Leave a Comment

Corrections

October 10, 2018

  • The agenda for the October 20 State of the Town meeting posted in the Squirrel on October 9 was incorrect. Here is the correct agenda for the meting, which will take place in Brooks auditorium from 10:30 a.m.–12:30 p.m.:
    • Campus building projects (10:30–11 a.m.)
    • South Lincoln planning (11–11:30 a.m.)
    • deCordova bylaws (11:30a.m.–noon)
    • Open forum (12–12:30 p.m.)
    • Post-meeting table session (12:45–1:15 p.m.)
  • A photo caption in the October 10 story headlined “Sales of dolls, antiques providing big share of MCC budget” was initially incorrect; the second person in the photo is Erica Gonella, the MCC’s treasurer and director of annual giving.

Both posts have bene updated to reflect these corrections.

Category: community center*, government, land use, schools Leave a Comment

Town Meeting and election information

October 9, 2018

(Editor’s note: This post has been updated to reflect the corrected agenda for the State of the Town meeting.)

Special Town Meeting and State of the Town

On Saturday, Oct. 20, there will be a Special Town Meeting vote on the status of marijuana businesses in Lincoln starting at 9 a.m., immediately followed by the State of the Town meeting at 10:30. During the Town Meeting, residents will be asked to vote to:

  • Extending the current town moratorium on marijuana-related businesses from Nov. 30, 2018 to June 1, 2019.
  • Amending the zoning bylaw to prohibit all marijuana establishments (retail, cultivation, testing, research, product manufacturing, etc.).

Click here for the warrant. Previous Lincoln Squirrel articles: 

  • Hearing focuses on marijuana businesses in town (Sept. 11, 2018)
  • Special Town Meeting vote on marijuana businesses planned (July 26, 2018)
  • Panelists share views on marijuana sales and use (May 1, 2018)

State of the Town

There will be no votes at the State of the Town portion of the morning, but officials will present updates on the following:

  • Campus building projects (10:30–11 a.m.)
  • South Lincoln planning (11–11:30 a.m.)
  • deCordova bylaws (11:30a.m.–noon)
  • Open forum (12–12:30 p.m.)
  • Post-meeting table session (12:45–1:15 p.m.)

Early voting hours set

Early voting for the November 6 election will be offered in the Town Clerk’s office from Monday, Oct. 22–Friday, Nov. 2. Hours:

8:30 a.m.–4:30 p.m. on Mondays, Wednesdays, and Fridays

8:30 a.m.–7 p.m. on Tuesdays, Oct. 23 and 30, and Thursdays, Oct. 25 and Nov. 1

9 a.m.–3 p.m. on Saturday, Oct. 27.

Voting on Election Day takes place in the Smith gym from 7 a.m. to 8 p.m. Anyone who has not registered for the election must do so by Wednesday, Oct 17. Click here for a specimen ballot.

Category: businesses, government, land use Leave a Comment

Property sales in August

September 30, 2018

14 Oak Meadow Rd. — Theofanie Mela to Mohammed Movassaghi for $959,000 (August 31)

265 South Great Rd. — Edmund Neuhaus to Alexander Tallett for $640,000 (August 31)

138 Tower Rd. — Blair Galinsky to Theofanie Mela for $886,500 (August 31)

0 baker Farm Rd, — John Adama Trust to Walden Woods Project for $100,000 (August 17)

25 Page Rd. — John Braasch tp Kennth Bassett and Mary Lorenz for $1,050,000 (August 15)

202 Concord Rd. — Tamas Oravecz to James and Li Kent for$1,080,000 (August 13)

62 Beaver Pond Rd. — Linda Menkis to Tamer Khafagy for $1,100,000 ((August 9)

35 Sandy Pond Rd. — John Veague to Richard and Christine Chesworth for $1,885,000 (August 3)

 

 

Category: land use Leave a Comment

Public hearings coming up

September 20, 2018

Planning Board

There will be a public hearing on Tuesday, Sept. 25 at 7 p.m. on two proposed changes to the zoning bylaws relating to marijuana businesses in Lincoln. Residents will be asked to vote on the measures at a Special Town Meeting on October 20.

Zoning Board of Appeals

The Zoning Board of the Appeals will hold a public hearing on Thursday, Oct. 4 at 7:30 p.m. to hear and to act on the following petitions:

  • Myra Ferguson, 14 Baker Bridge Rd., for transfer of a special permit for an accessory apartment.
  • Richard Hermann, 25 Bypass Rd., for renewal of a special permit for an accessory apartment.
  • Alex MacLean, 23 Conant Rd., for renewal of a special permit for an accessory apartment.

Category: government, land use, news Leave a Comment

Hearing focuses on marijuana businesses in town

September 11, 2018

The Planning Board will be conducting a public hearing on Tuesday, Sept. 25 at 7 p.m. at Town Offices for the purpose of reviewing two marijuana-related bylaw proposals that will be voted on during a Special Town Meeting on October 20.

The first of the two bylaws proposes to extend the existing recreational marijuana moratorium from November of this year until June 2019, to provide the town with more time to complete public education and outreach, to develop alternative bylaw proposals and to schedule the required town meetings and election.

The second bylaw asks the town to consider enacting a ban on all forms of commercial recreational marijuana, including cultivation, retail sales, manufacturing, and testing. This requires a two-thirds majority to pass. The vote on the proposed full ban will occur first because:

  • The results of a town-wide survey last spring indicate that a strong majority favors a full ban.
  • In the event the full ban fails to achieve the required two-thirds majority, we will have time to prepare partial ban alternative bylaws for a vote in March.
  • A total ban could be reversed by a future vote of Town Meeting.
  • Operating under a full ban would provide time to learn from the experience of other communities.

Before voting on the full ban during the October 20 Special Town Meeting, voters will hear a presentation from the Marijuana Study Committee that explains the law and the pros and cons of the various options.

Officials urge interested citizens to attend the public hearing to hear a presentation from the Selectmen’s Marijuana Study Committee. Also on the group’s website is an FAQ document and a link to the video of an April 2018 public forum on the issue of marijuana businesses.

Category: government, land use Leave a Comment

Property sales in July

August 16, 2018

  • 9 Stratford Way — Neil H. Aronson trust to Demetri and Marie Pascale Sideras for $1,870,000 (July 31)
  • 270 Lincoln Rd. — Andre Coleman to Pierre-Guy Douyon and Celine Yang for $750,000 (July 30)
  • 9 Birchwood Lane — Roger Stoddard to John and Catherine Crabtree for $630,000 (July 20)
  • 243 Aspen Circle — Robert H. Curtiss Trust to Mitchell G. Eckel III Trust for $579,000 (July 19)
  • 10 Sweet Bay Lane — Kristina Ryan to Michael Chang and Joanne Lyons for $1,900,000 (July 19)
  • 8 Sweet Bay Lane — Kristina Ryan to Michael Chang and Joanne Lyons for $575,000 (July 19)
  • 24 Old Sudbury Rd. — Lawrence Kroin Trust to Tristan Rooks for $1,000,000 (July 18)
  • 233 Concord Rd. — Lynn B. Weigel Trust to 233 Concord Road LLC for $662,500 (July 17)
  • 23 Brooks Rd. — Massimo Grasso to Anasuya Mitra for $928,000 (July 17)
  • 1 Cedar Rd. — Timothy Callahan to Adela and Kimberly Palencia and Adam Doffini for $580,000 (July 16)
  • 27 Tabor Hill Rd. and Old County Rd. — William C. Carey to Christopher and Asako Csendes for a total of $2,447,500 (July 16)
  • 11 Stratford Way — Ian Blumenstein to Walter McCarty for $1,950,000 (July 16)
  • 0 Weston Rd. and 75 Weston Rd. — George Hibben to Reuven and Orli Klier Avi-Yonah for $1,450,000 (July 11)
  • 44 Greenridge Lane — Joan Platt Dolinsky to Timothy Brunelle for $455,000 (July 10)
  • 17 Giles Rd. — Robert S. Orgel Trust to Diana Jong for $1,350,000 (July 10)
  • 10 Linway Rd. — George A. Coleman Trust to Andrew and Sandra Coleman for $900,000 (July 9)
  • 32 Greenrridge Lane — Johannes Perkins to Elizabeth Slater for $494,000 (July 2)
  • 4 Morningside Lane — Anne Marie Rose Previte Trust to Heather Sheridan and Phyllis Wampler for $990,000 (July 2)

Category: land use 1 Comment

Public hearings coming up

July 31, 2018

Zoning Board of Appeals

The Zoning Board will hold a public hearing on Thursday, Aug. 2 at 7:30 p.m. to hear and to act on the following petitions:

  • John Briedis, 27 Canaan Drive, for renewal of an accessory apartment special permit.
  • Shu Chen, 117 Lincoln Rd., for transfer and renewal of an accessory apartment special permit.
  • Center for Dental Medicine and Reconstructions/Cambridge West 2 LLC, 152 Lincoln Rd., for special permit for change of tenant and use.
  • Apolinaras Sinkevicius, 124 Tower Rd., for a special permit to add a raised wooden deck and add a new room above the garage.
  • Neil B. Middleton, 45 Weston Rd., for a special permit to install a new higher-pitched roof, add exterior insulation to walls, and install a new entry canopy.

Historical Commission

The Lincoln Historical Commission will hold a public hearing at 7:30 p.m. on Tuesday, Aug. 7 to consider the following applications:

  • James Dwyer, to demolish the existing structure at 233 Concord Rd. 
  • Christopher Eliot and Patricia Stuart, to demolish the existing attached garage at 124 Bedford Rd.

Category: land use Leave a Comment

Special Town Meeting vote on marijuana businesses planned

July 26, 2018

The town will schedule a Special Town Meeting this fall to vote on extending the current moratorium on recreational marijuana businesses in Lincoln and whether to seek a full ban on such businesses.

Massachusetts legalized recreational marijuana sales in 2016, but individual cities and towns can choose to opt out of marijuana growing, processing, testing or retail businesses. Lincoln narrowly voted to legalize recreational marijuana in the state election in 2016; as a result, any future partial or full ban in Lincoln must be approved by a two-thirds majority at Town Meeting and by a simple majority at a later ballot vote.

In March 2017, Lincolnites approved a temporary moratorium on cannabis businesses while residents decided on a permanent course of action. That moratorium is set to expire on November 20, but the town has the option of extending it for a limited period of time. This fall’s Town Meeting vote will seek to extend it until June 30, 2019.

At the fall vote, residents will also be asked if they want to institute a full ban on all cannabis businesses. If two-thirds say yes, the town will seek to affirm that vote at the ballot box after the spring 2019 Annual Town Meeting. “We’re fairly close to two-thirds now in terms of support for a full ban,” Selectman James Craig noted at the board’s June 19 meeting, referring to results of a town-wide survey mailed to residents in April.

If the two-thirds bar isn’t met, the Marijuana Study Committee will seek more feedback with another survey “so we can really drill down on what appetite the town has for commercial development ore retails sales” of cannabis products, Craig said. The Planning Board would then draw up proposed zoning amendments to regulate businesses and would bring them to a Town Meeting vote in spring 2019.

If the town does nothing, the state could begin issuing licenses to marijuana-based establishments in Lincoln once the moratorium has expired, as noted in the FAQ document posted by the committee in April.

Selectmen emphasized that any town-wide action on cannabis businesses will not affect the personal rights granted under the 2016 statewide legalization of recreational marijuana. Under the new law, Massachusetts residents 21 and older may use, grow and possess marijuana products. Individuals may possess under 10 ounces of marijuana inside their homes and under one ounce in public, as well as grow up to six marijuana plants in their homes (or 12 plants in households with two adults). Public consumption and driving under the influence of marijauan remain illegal.

There will be another public forum on marijuana businesses in Lincoln in October. “We want to make sure people understand what they’re voting on” at the Special Town Meeting later in the fall, Craig said.

Category: agriculture and flora, government, land use Leave a Comment

Property sales in June

July 23, 2018

82 Virginia Rd. #B411 — Debra Taylor to Carol Bickford for $420,000 (June 29)

5A South Commons — Ronald Golay to Kathleen Sullivan for $460,000 (June 26)

17 Stonehedge — Henry Cretella to Joseph Soucy and Norana Cavanao for $1,315,000 (June 26)

3 Smith Hill — Gita Srinivastava to Piyush and Gari Srinivastava for $1,150,000 (June 26)

84 Davison Drive — Belinda Gingrich Trust to Xiaoran Fu and John Carr for $1,492,500 (June 22)

102 Lincoln Rd. — Steven Tanabe to Ephraim Lessell for $590,000 (June 22)

97 Lincoln Rd. — Susan Jones to Timothy Clark and Kate Johnsen for $1,400,000 (June 22)

10 Twin Pond Lane — Roger Cody to Antje and Sebastian Barreveld for $2,288,000 (June 21)

12 Hiddenwood Path — Carolyn L. Buckler Trust for Elana McDermott and Michael DiGiando for $865,000 (June 18) 

7 Linway Rd. — Herman Michael Tannert Trust to Jonathan and Elizabeth Everitt for $885,000 (June 18)

55 Old Bedford Rd. — FFMS Lincoln North LLC to RCS-Bedford (DM) (Parks IDE) LLC c/0 Arsenault Holdings LLC for $19,550,000 (June 15)

# Goose Pond Rd. — Patricia Gray to Robert and Anne McGarr for $1,285,000 (June 13)

 

 

Category: land use Leave a Comment

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