Secondhand Pot Smoke, Marijuana Dispensary Zoning: West Tisbury Special Town Meeting Warrant, Nov. 5, 2013

West Tisbury holds a special town meeting Tuesday at 7 p.m. at West Tisbury School to act on the following matters, as listed in the town meeting warrant:

ARTICLE 1: To see if the Town will vote to Appropriate the sum of Ten Thousand Eight Hundred Eight Dollars ($10,808) to replace windows in the historic County Courthouse, contingent upon proportional support from all other Island towns, with $10,000 to be appropriated from the Community Preservation Act Historic Resources reserve fund and $808 to be appropriated from the Community Preservation Act Undesignated reserve.  (RECOMMENDED 5-0)  

ARTICLE 2: To see if the Town will vote to create a “Roads Maintenance” Stabilization Fund. (2/3 VOTE REQUIRED, RECOMMENDED 5-0)  ARTICLE 3: To see if the Town will vote to create a “Buildings Maintenance” Stabilization Fund. (2/3 VOTE REQUIRED, RECOMMENDED 5-0)  

ARTICLE 4: To see if the Town will vote to Raise and Appropriate the sum of Five Thousand Two Hundred Two Dollars ($5,202) to increase budget line 241-5120, Inspector of Buildings – Personnel, from the sum of One Hundred Three Thousand One Hundred Three Dollars and Twenty Three Cents ($103,103.23) to the sum of One Hundred Eight Thousand Three Hundred Five Dollars and Twenty Three Cents ($108,305.23).  (RECOMMENDED 5-0)  

ARTICLE 5: To see if the Town will vote to Raise and Appropriate the sum of Five Thousand Dollars ($5,000) to increase budget line 241-5700, Inspector of Buildings – Expenses, from the sum of Three Thousand Six Hundred Ninety Five Dollars ($3,695) to the sum of Eight Thousand Six Hundred Ninety Five Dollars ($8,695).  2 (RECOMMENDED 5-0)  

ARTICLE 6: To see if the Town will vote to Raise and Appropriate the sum of Eight Thousand Two Hundred Twenty Three Dollars and Fifty Six Cents ($8,223.56) to increase budget line 193-5700, Town Insurance, from the sum of Sixty Five Thousand One Hundred ($65,100) to the sum of Seventy Three Thousand Three Hundred Twenty Three Dollars and Fifty Six Cents ($73,323.56). (RECOMMENDED 5-0)  

ARTICLE 7: To see if the Town will vote to adopt the following general by-law:  “No person shall smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannibinol (as defined in G. L. c. 94C, §1, as amended) while in or upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under the control of the Town; or in or upon any bus or other passenger conveyance operated by a common carrier; or in any place accessible to the public.  This by-law may be enforced through any lawful means in law or in equity including, but not limited to, enforcement by criminal indictment or complaint pursuant to G.L. c. 40, §21, or by noncriminal disposition under G. L. c. 40, §21D, by the Board of Selectmen, the Town Administrator, or their duly authorized agents, or any police officer. The fine for violation of this by-law shall be three hundred dollars ($300) for each offense. Any penalty imposed under this by-law shall be in addition to any civil penalty imposed under G. L. c. 94C, §32L.”  (RECOMMENDED 4-1)  

ARTICLE 8: To see if the Town will vote to have its elected Treasurer become an appointed Treasurer for the Town effective April 10, 2014, provided that a majority of voters also vote in the affirmative on a ballot question for this purpose on April 10, 2014.  (RECOMMENDED 4-1)  

ARTICLE 9: To see if the town will vote to Appropriate the sum of Seven Thousand Four Hundred Forty Two Dollars and Thirty Five cents ($7,442.35) to purchase a lockable cabinet system with proper air flow to store and preserve historic West Tisbury documents and literature at the town library to be appropriated from the Community Preservation Historic Resources Reserve. (RECOMMENDED 4-1)  

ARTICLE 10: To see if the Town will vote to Raise and Appropriate the sum of Four Thousand Five Hundred Dollars ($4,500) as additional funds to supplement the sum of $18,500 approved in a vote on Article 20 at the Annual Town Meeting on April 9, 2013 to be used to purchase a truck for the highway department. The total appropriation then being $23,000. (RECOMMENDED 5-0)  

ARTICLE 11: To see if the Town will vote to rescind the following bylaw which states: At any meeting of the inhabitants of the town qualified to vote in town affairs, the number of  3voters necessary to constitute a quorum shall consist of not less than five percent (5%) of registered voters of the town at the time of said meeting, but a number less than a quorum may from time to time adjourn such meetings. This by-law shall not apply to meetings or parts of meetings devoted exclusively to the election of town officers. This was Article #14 of the Special Town Meeting held on January 17, 2006. (NOT RECOMMENDED 5-0)  

ARTICLE 12: To see if the Town will vote to amend the West Tisbury Zoning Bylaw to allow Registered Marijuana Dispensaries (RMD) in the Mixed Business District and the Light Industrial Districts for the sale and cultivation of medical marijuana by Special Permit, with a cultivation area not to exceed 1000 square feet, specifically: To be added to the Zoning Bylaw Definitions Section: 
Medical Marijuana Cultivation area shall refer to the space in a building where plants are cultivated and does not include the area used for processing or dispensing. Registered Marijuana Dispensary (RMD) – A facility for the cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use, whether located inside a structure or building or not.  To be added to the Zoning Bylaw Use Table Section: Registered Marijuana Dispensary operating location to be allowed by Special Permit in the Mixed Business District and the Light Industrial Districts.  To be added as a symbol addition to the Zoning Bylaw Use Table Section: The Board of Selectmen is to be the special permit granting authority for a Registered Marijuana Dispensary.  To be added to the Zoning Bylaw Dimensional Table Section:  Maximum cultivation area for medical marijuana not to exceed 1000 square feet.  (2/3 VOTE REQUIRED, NOT RECOMMENDED 3-2)  

Source: Town of West Tisbury

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