MA: Council Passes Medical Pot Zoning, Temporary Retail Ban

Ron Strider

Well-Known Member
Medical marijuana will now be allowed on Route 1.

The Peabody City Council last week approved a zoning change proposed by Mayor Ted Bettencourt Thursday to create an overlay district that encompasses four parcels on the southbound side of the highway, near Bertucci's and the ramps to I-95.

The overlay replaces a complete ban on medical pot the council enacted in 2014.

"I think you all know my feelings about marijuana by now," Bettencourt said Thursday. He added that if he had his way, he still wouldn't entertain any pot facilities in the city. But strong state regulations are now in place, and he does see some medical benefit of the drug, he said.

Not to mention, he doesn't believe the existing ban would sustain a legal challenge.

"The best course is to create a zone for this," he told councilors, noting he did scale back the overlay to remove three parcels after hearing concerns from neighboring Lynnfield residents.

The area now covers four parcels zoned for business regional uses – Bertucci's, Brother's Kouzina and a gas station, Don's Power Equipment and a vacant 2-acre lot.

Councilors didn't discuss a detailed proposal that was submitted to them a couple of weeks ago on behalf of Sanctuary Medicinals. The company asked for an expansion of the overlay to include an adjacent lot it had under agreement with the intent of building a dispensary.

Bettencourt said in a previous interview, however, that he viewed it as one of a dozen inquiries he's received in recent months and would not be further revising his plan.

Opposition Thursday came, again, from Councilor-at-large Anne Manning-Martin.

She cited traffic concerns in an area of Route 1 that is already often congested, as well as her hesitancy to push forward until state legislators hash out new regulations for retail marijuana.

Under the new recreational pot law, licensed medical dispensaries could sell retail pot as well.

She said they appear to all agree medical pot can help patients with debilitating illnesses, such as Parkinson's disease or multiple sclerosis, but she's not convinced that section of Route 1 is the best place for a dispensary, especially if it were to attract thousands of clients.

That problem could be greatly exacerbated, she added, if the voter referendum on November's city ballot fails to ban retail pot sales in Peabody.

"I just need a little more time to find the right place for what we're implementing," she said.

Bettencourt replied: "I think your points kind of back up what I'm saying. I'm not sure about 5,000, but certainly it will be a lot of people.

"We don't want all that traffic (clogging) our major streets," he said – neither does he want it downtown or at Centennial Park. "I think this is an accessible site. This is exactly the reason why I think this is the right place."

Manning-Martin replied that she would like to consider Centennial Park, given that other health care facilities – and even a site to register for a medical marijuana card – are already there.

"I think putting it in Centennial Park would be horrific for traffic in South Peabody," interjected Ward 1 Councilor Jon Turco. "I would be adamantly opposed to that."

Joel Saslaw, who represents Ward 5, pointed to news reports that said Sanctuary Medicinals predicts its facility slated for Route 1 in Danvers will see 40 to 60 patients per day.

The vote to accept the mayor's proposal was 9-1 with only Manning-Martin opposed. Ward 6 Councilor Barry Sinewitz, who has also been critical of the mayor's plan, was absent Thursday.

After the vote passed, Ward 2 Councilor Peter McGinn then quickly made another motion to reconsider in the hopes it would fail, which it did. That parliamentary maneuver is only rarely employed on the council floor.

A little later in the meeting, the council voted unanimously on a temporary ban on retail pot until Dec. 31, 2018. There was no discussion at all on the zoning change.

Councilors had already indicated their support months before and the measure also received support from the Planning Board. The board had also unanimously supported the overlay zone for medical marijuana.

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