Bourne planners propose bylaw that sets locations for medical, recreational pot shops

BOURNE — There will be no cannabis dispensaries in the core downtown Buzzards Bay business district if a bylaw approved by the Planning Board is also approved at the November special town meeting.

The board voted 7-1 on July 13 to exclude the mile-long business stretch of Main Street between Head of the Bay and Old Bridge Roads at Belmont Circle. The area east of the rotary would be appropriate for a dispensary, according to the board.

The proposed bylaw, if approved, would allow two medical marijuana dispensaries and one recreational marijuana outlet. While medical cannabis outlets are legal, town meeting has voted four times to ban recreational cannabis shops and the state Supreme Judicial Court upheld the ban in a June 2022 ruling.

After May town meeting rejected recreational cannabis outlets — by one vote — town officials assigned the Planning Board and town planners to come up with a marijuana bylaw that includes the locations in town where medical and recreational, if approve at some point, outlets would be allowed.

Despite years-long efforts by town officials and local business owners to build interest in expanding commercial activity and creating a more vibrant retail business scene along Main Street, a majority of Planning Board members exempted the downtown area from the bylaw proposal.

Members agreed suitable areas for dispensaries, a critical aspect of the bylaw, would include the business district near McDonald’s and the United Parcel Post Service in North Sagamore, an area near Pairpoint Glass and Gallo Construction Co. and the 847 block of Sandwich Road in South Sagamore.

Other areas the board deemed suitable for dispensaries include various points directly off MacArthur Boulevard (Route 28) south of the Bourne Rotary to Pocasset. They include a parcel at Henry Drive in Heritage Commercial Park and all lots in the new Forest Park business subdivision, which does not back up to any residential areas.

The Planning Board opted to support three marijuana dispensaries — adding a recreational marijuana outlet — in town, which would have to be approved at the Nov. 6 special town meeting.

The ban could end on a simple majority vote at town meeting, but bylaw adoption for eventual dispensary placements requires a two-thirds vote of approval, Planning Board Chair Dan Doucette said during the July 13 board meeting. He said success on that front could be “a difficult sell.”

The bylaw-in-the-making will also be the subject of a public hearing at 7 p.m., Aug. 10 in the Main Street Community Center in Buzzards Bay, he said.

Main Street Buzzards Bay not a good fit cannabis dispensary

Board member David O’Connor led the discussion to reject Main Street dispensaries in the downtown core because of potential difficulties with the mixed-use aspects of the Buzzards Bay commercial district. For example, cannabis businesses need adequate space for parking.

O’Connor mentioned a prohibition on marijuana products being displayed in storefront windows, something he said would not blend well with the Main Street retail mix.

Board member Chris Farrell, however, disputed the idea a dispensary would be a bad fit for Buzzards Bay.

“There is a Dunkin’ Donuts there that creates more issues related to parking,” he said. “A pizza shop. A lot of other businesses that create (downtown) parking issues.”

A Main Street dispensary might not “especially be a high revenue location," O’Connor said. "And it’s a good compromise to people who think the idea of (marijuana) retail in the downtown core is a bad idea.”

Steve Strojny, a real estate agent with Sotheby's in Falmouth, told board members that removing Main Street from the mapping overlay for marijuana dispensaries was a good idea and that his cannabis business clients did not object to it.

But Farrell hopes the decision to ban Main Street cannabis dispensaries does not carry over to any other bylaw efforts that would eliminate certain businesses in certain areas.

"I just don’t see how that benefits the town," he said. "I’d rather see the opportunity given to businesses and let them display the advantages or disadvantages of being in a certain location.”

Farrell questioned whether the board should serve as bylaw sponsors at town meetings.

“I want this to be sponsored by the town, not a separate entity,” he said. “We’ve done a lot of work on this. We’ve looked at every nook and cranny. This is a zoning bylaw. If it passes (town meeting), this is where everything should be.”

Doucette agreed, saying members had engaged in thoughtful discussion and careful planning even when there were disagreements.

“If the (recreational pot sales) ban is lifted, this helps decide where they (the dispensaries) would go,” he said. “We’ve had a great and honest discussion.”

Is the tide changing for cannabis outlets in Bourne?

During earlier summer meetings board members stressed that the town is evenly divided on recreational cannabis sales. Strojny and his clients predict a realignment in community sentiment about marijuana sales in town.

Town meeting voters in May defeated a special session request, through a citizen petition, to end the recreational marijuana ban in Bourne. The vote was 249-248. That decision made discussion of a cannabis bylaw written and submitted by commercial marijuana interests a moot point. The town meeting vote marked the fourth time that voters rejected recreational marijuana sales.

Planners in the interim have said that if the ban in place ultimately ends, it would be better for the community if they crafted a regulatory bylaw on marijuana dispensaries rather than those who represent cannabis business interests.

Strojny in earlier planning board sessions said cannabis businesspeople working with board members on a control bylaw would create a product that might encourage people to reconsider Bourne dispensaries.

Bourne Select Board agrees with cannabis dispensary districts

The Select Board on July 18, meanwhile, praised the Planning Board’s work on a bylaw, especially as it relates to mapped areas for dispensaries.

“They’re really limited districts,” Select Board Chair Mary Jane Mastrangelo said, adding the South Sagamore area should include a special permit review for dispensary operations given it's next to Keith Field Recreation Area on Sandwich Road.

Board member Jared MacDonald said special permit review should also be extended to any Main Street dispensary if such an operation ultimately is able to locate there.

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This article originally appeared on Cape Cod Times: Bourne marijuana bylaw: Store locations, recreational pot shop