The Harvard Planning Board has drafted amendments to the Protective (Zoning) Bylaw to allow medical marijuana dispensaries (Article 45) and adult entertainment businesses (Article 46). The Planning Board believes it is important for the town to approve both bylaws at this year’s Town Meeting on April 1. Without the specific requirements spelled out in each article, Harvard would have little control over these uses.
The proposed bylaws would permit medical marijuana treatment centers and adult entertainment establishments in the Commercial (C) District by special permit of the Planning Board. The special permit process requires a public hearing where interested parties may express their concerns. The Planning Board decision may include conditions to minimize impacts on the town or neighborhood. The bylaws would prohibit such uses within 500 feet of a residence, 200 feet of a Commercial District boundary, or 500 feet of a school, church, child care facility, park, or playground. This has the practical effect of confining possible sites to a few small areas in the C district, and far enough away from homes and other sensitive sites that could be harmed by these uses.
Communities have limited ability to regulate adult uses. The U.S. Supreme Court has ruled that adult entertainment establishments are protected by the Constitution as an expression of free speech. While communities may not prohibit adult businesses, some regulation is permissible. Under state law, towns may require a special permit, which gives the approving authority the ability to regulate a proposed adult business. As long as at least one site is available for such a use, the bylaw will pass legal muster.
Similarly, a 2012 state law authorizes the establishment of medical marijuana treatment centers to assist patients with a debilitating medical condition. The Attorney General ruled that an outright ban by a community is not permissible. However, many towns, Harvard included, adopted temporary moratoria in order to study the impacts of such uses and develop appropriate zoning controls. If Town Meeting defeats the proposed bylaw, the moratorium will expire on Nov. 30, 2014, leaving the town without specific regulations for medical marijuana treatment centers.
In both cases, taking no action is not a viable strategy. Without the proposed bylaws, the uses could locate in areas where Harvard allows commercial uses. Since Harvard may not prohibit such uses, it is a much wiser course to identify where these uses may locate and specify measures to protect the town from potential adverse impacts.
In summary, the Planning Board believes it is better to take a proactive position and put into place adequate safeguards before applicants put forth proposals over which the town would have little control. We urge you to vote ‘yes’ on Articles 45 and 46 at next week’s Town Meeting.
Bill Scanlan is Harvard’s town planner.
Jim Breslauer is vice chairman of the Harvard Planning Board.
