Lenox — Two issues dominated the special Lenox town meeting held Thursday, November 1: permission for marijuana businesses to operate in Lenox, and restrictions on short-term housing rentals. At the largest town meeting turnout in years, 400 voters came to the Duffin Theater at Lenox Memorial Middle/High School and rejected both — but not permanently. Both issues can legally come up for discussion and another vote soon again.
The marijuana proposal would have allowed retail shops to sell marijuana products by special permit in the town’s commercial zones along Pittsfield Road. Other cannabis businesses, such as cultivators and processors, would have been allowed to operate in those same zones, as well as in the Lenox Dale industrial zone.
The proposal lost, not because the majority opposed it, but because the vote failed to reach the full two-thirds majority required to pass a zoning proposal. The vote by hand ballot yielded 252 in favor and 138 against. Then, by voice vote, the existing moratorium on all marijuana businesses was extended through June 30.
Reconsideration of the issue is likely after June 30, especially since Lenox voters had voted in favor of legalizing marijuana by a margin of 52 to 48 percent when the question was on the November 2016 state ballot. In the meantime, according to proponents of the proposal, pot shops will end up in neighboring towns, will contribute tax revenues to those towns and, when Lenox residents next have to deal with the issue, they may have lost the advantage of being early.
Also in the spotlight at the meeting were a series of proposed amendments dealing with the issue of short-term rentals by Lenox homeowners. First to be discussed was a proposed general bylaw requiring homeowners renting their houses for fewer than 30 days at a time to schedule health and safety inspections and to register with the town clerk. A voice vote firmly shot down this amendment.
Next came a proposed zoning bylaw that sought to reclassify short-term rentals of one- and two-family homes. After much debate and a couple of amendment efforts, a voice vote overwhelmingly tabled the proposal and sent it back to the Planning Board for review and possible revision. All the other amendments were then also withdrawn.
This vote leaves the short-term rental issue unsettled. Had this proposal been voted down, it could not be raised again for two years. Now, because it has been sent back to the Planning Board, it can come be brought back for further discussion at any time.
According to Lenox-based architect Jim Harwood, the meeting was a good example of democracy in action. “People who sincerely disagree with each other spoke civilly and listened to the other side. The voters sent a strong message to the Town of Lenox that there needs to be balance, fairness and transparency among those who are entrusted to represent taxpayers and residents. I am grateful for the opportunity to have participated in this activity with so many wonderful and caring people.”
According to Harwood, who opposes restrictions on short-term rentals (STR), “the Planning Board attempted to address too many issues under the umbrella of STR, collected no data on the problem and did no impact study of the proposed solution. Flawed regulation resulting from a flawed process…After last night, I think we are on the right track to advocate for the greater good of the town, its residents, and its visitors, including merchants, service providers, and all homeowners.”
Harwood goes on to suggest that the Select Board form a working group, similar to the windmill and solar study groups of a few years ago, that would be outside the Planning Board’s authority and would include business owners, lodging providers, merchants, service providers and both first- and second-homeowners. Once this group is able to present a more complete understanding of the issue, a set of rules designed to maximize benefit and minimize abuse, could be more logically discussed.
Whether or not the Select Board follows Harwood’s suggestion, one thing is sure…neither of these contentious issues is going away. Stay tuned.
