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February 14, 2014     Barnstable Patriot
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February 14, 2014
 
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TOWN OF BARNSTABLE MAP NEW MEDICAL MARIJUANA DISTRICT - The highlighted section in the center of this map shows the medical marijuana overlay district that the town council approved last week. The council cut the larger district the planning board proposed inthe industrial park area by about half and along Route 28 from Willow Street to the West Yarmouth border. SUSAN VAUGHN PHOTOS THE RULES - Town Attorney Ruth Weil explains the regulations that govern the town's actions on medical marijuana dispensaries. She told the town council its moratorium on the issue would not be extended, and advised, "Something has to be passed by April 19." The council created a new zoning overlay district for the dispensaries last week. 'THIS ISSUE STINKS' - Planning board member David Munsell made it clear how he feels about the new state law allowing medical marijuana dispensaries at a joint meeting of the planning board and town council last week. "Ithink this whole issue stinks," he said,and sought another look at itbythe planning board.Listeningto Munsell,from left areTownCouncilors John Norman and Jim Crocker and planning brlard member Ray Lang. CONTINUED FROM PAGE A:1 a place people are going to be hanging out." Teague said the dispensaries also will require a special permit from the plan- ning board. Growth Management Direc- tor Jo Anne Miller Buntich said the proposed district was the result of interviews with police, hospital personnel and potential proprietors , who indicated the industrial park as the best area for a dispensary. Buntich said some of the par- cels in the district would not be eligible for a dispensary because of the church, school and other such facilities. "We don't know if they'll {dispensaries} come here, but we have to ready if they do," she said. Council Vice President Ann Canedy proposed the first amendment to the planning board's district, which pulled it back to the original area recommended by the Growth Management Department in a smaller section of the industrial park. She said the expanded area encroached on two large proposed projects there, a senior living center and the Village Green housing complex, as well as the church, school and Cape Abilities. Even though Canedy is not a proponent of the dispensaries, she said, "The reality is the law has passed and we have to zone." She favored the original recommendation as the best area because it is "isolated, yet secure, and does not have tour- ists driving by." Other councilors expressed ' concerns about the inclusion of the east end of Route 28. Jen Cullum proposed a "friendly amendment" to Canedy's that also eliminated the Route 28 section. Twoplanningboard members, David Munsell and Ray Lang, also expressed their objections to the expanded district and to the dispensaries entirely. "I think this whole issue stinks," Munsell said. "I would like to see this go back to the planningboard to look over."He also opposed the expanded area in the industrial area because of the planned housing develop- ments and the proximity to the church and school. He claimed the areas were chosen before the planning board voted. "We're becoming a rubber stamp. We'd like more time to make sure the zones are in the proper place," Munsell said. Lang shared Munsell's opin- ion. "It bothers me to vote on a drug. What's before us is a business,"which is supposed to be operated by non-profits. He suggested putting the dispensa- ries in other towns. "We haven't been privy to some information," Lang also said. He said he would not vote until he talks to a hospital administrator he said is opposed to the dispensary proposal. The public's comments were mixed-pro and con and neutral. Developer Stuart Bornstein favored expanding the Route 28 section of the marijuana district from the Yarmouth line to the Hyannis Rotary. "It's very lim- ited where it is," he said. "This type of product should open up the whole corridor on 28." West Yarmouth resident Christine Greeley had opposed a previous proposal to put the district near Cape Cod Hospi- tal, which her Hyannis Park neighborhood abuts. She com- mended the council for waiting to make a decision, and said, "I'm pleased you moved it out of the hospital area." Linda Raull of Hyannis was adamant against the dispensa- ries, which she said are caus- ing problems in states like California and Colorado. "Why Hyannis?" she asked. "Wehave enough problems here. This totally is a bad idea. It's not needed at all." However, Barbara Curley of West Barnstable, a cancer survi- vor who had used medical mari- juana, said, "We're not talking about street drugs. Theyhelp you calm down when you're going through cancer. There are a lot of us out there." She urged the councilto approve thedispensary site in the industrial park. John Norman was one of three councilors who voted against the new district, noting that he knew of several day care centers operating in the indus- trial buildings in the proposed district as well as the school, church and others within the 1,000-foot required setback of a district from such facilities. "We need more due diligence on the map," he said. "I'm open to looking at other areas." Councilors Will Crocker and Debra Dagwan, who also voted against the new zoning district, said they agreed with Norman for basically the same reasons. After all the discussion , Canedy withdrew her substi- tute amendment and Cullum's "friendly amendment" was ap- proved, 10 to 3. ( Canedy delayed her Vote until the end , then joined the proponents. The final vote was 10 to 3. A two-thirds vote of the council , or nine, was required. 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