Buckland Town Hall
Buckland Town Hall Credit: FILE PHOTO

BUCKLAND — Single-use plastic is banned and marijuana has a municipal bylaw.

These articles, among about 20 others, were resolved at the Annual Town Meeting Wednesday night.  

Marijuana regulations

There was so much discussion on a Planning Board marijuana bylaw, residents eventually took a vote to stop talking (though that motion was defeated).

Following an extensive debate reflecting a myriad of opinions, the town approved a bylaw conceived by the Planning Board in a paper ballot with 111 votes in support and 36 opposed.

As proposed, the bylaw imposes a series of regulations on marijuana cultivation and production in the town. At present, marijuana establishments are only regulated by state laws. Regulations range from mandating fences around a marijuana establishment to barring growth and production within 500 feet of all pre-, elementary and high schools.

According to the Planning Board, the bylaw reflects the views of all townspeople as gleaned from 25 public meetings attended by 100 residents over the course of a year. The board intends to formally review the bylaw in two years’ time. 

The bylaw seeks to protect residents from a list of expressed concerns, the board said. Among worries raised during the process of creating the bylaw were lighting and security, odors, noise from mechanical equipment, appearance, substantial electricity and water use, added law enforcement requirements, public health and safety concerns, wastewater treatment and traffic, according to the board. 

To allay townspeople’s concerns about the impacts of marijuana establishments, the board will consider an array of issues when issuing a permit. Such considerations include setbacks, hours of operation, water consumption, odor and noise restrictions, hazardous materials use and storage requirements, lighting and security requirements, signage, screening, size and appearance. In addition, cultivation establishments are required to be indoors. 

Townspeople had mixed views on the bylaw on Wednesday night. Some expressed enthusiasm for having local laws to regulate marijuana. Others warned that additional restrictions may inhibit local business.

Resident Karen Schaeffer said the bylaws were “convoluted” and may prohibit residents from growing on a small scale to supplement their incomes. She said the state’s laws were “sufficient.”

Alex Meade also said the proposed regulations were too strict. In his view, securing a license under state law is already challenging and costly.

“This is the equivalent of saying we allow a commercial dairy farm in Buckland, but there’s a three-cow limit,” Meade said of the bylaw.

Clarissa Spawn said the laws are too restrictive, reducing properties able to grow marijuana establishments to nearly zero. She proposed an alternative, less restrictive bylaw via citizens petition to be voted on at a Special Town Meeting. 

“Basically, what the Planning Board is proposing is a two-year moratorium,” Spawn said. “We’d be much better off with no bylaw than a bylaw that limits economic opportunity.”

Janice Sorensen supported having a “custom-made bylaw,” saying the Planning Board “took into account our desire to keep our community beautiful and rural.”

Finance Committee member Paula Consolo said the Planning Board’s bylaw represents “a lot of work” on a contentious issue.

“These are people who are smart and this is really smart and we should pass it,” Consolo said.

Buckland Board Clerk Mary Bolduc said the Planning Board worked “diligently” to create a bylaw that would “honor the landscape and the heritage of Buckland.”

Single-use plastic ban

After roughly two minutes of discussion, the town unanimously passed a bylaw to ban all single-use, non-biodegradable plastic. Buckland is among the first towns in the state to enforce such a measure.  

“Do I really need to give a presentation to say why we need to ban single-use plastic?” Selectboard Chair Zack Turner bellowed to the crowd, who cheered in response. Turner conceived the bylaw late last year. 

Budgets

While the proposed marijuana bylaw was debated for more than an hour, the town easily accepted its operating budget of $4.9 million for fiscal 2020, an increase of 4.4 percent from the current year.

This budget translates to a tax rate of $19.34 per $1,000 valuation for fiscal 2020. Taxes have steadily risen in Buckland over the years – in fiscal 2010, the rate was $13.78 per $1,000 valuation.

First up, the town passed $1.8 million in general town operating expenses – an increase of nearly $51,000.

Education costs were then approved by the town. The town first passed a $2.3 million contribution to Mohawk Trail Regional School District, a jump of about 3 percent from the current year. The increase reflects a lack of state transportation funding as well as rising enrollment in district schools, School Committee Chair Martha Thurber said. The town also accepted capital costs for Mohawk of $79,000, with the funding directed mainly to asbestos abatement.

Asked about recent news that the school district would finish the current fiscal year $700,000 in deficit, Superintendent Michael Buoniconti said this shortfall would not impact future budgets. He said the school district had been stringent since he arrived in fiscal 2006 and could cover the deficit with savings accrued in previous years.

The deficit was the result of a budgeting error where the school did not account for roughly $1 million in various expenses. To ensure this mistake does not happen again, Buoniconti said the school had started reviewing operating statements on a monthly basis instead of each quarter.

“We squirreled away money every year for a rainy day, and unfortunately this year it is raining,” Buoniconti said.

Other budget-related articles

All other budget-related articles were fairly swiftly approved by the town. 

■ $56,000 for Smith Vocational High School operating costs.

■ $110,800 in operating costs and $7,000 in capital for Franklin County Technical School.

■ $264,000 in operating costs and $30,000 in capital for the Shelburne Falls Wastewater Treatment Plant.

■ $29,500 in Town Hall renovation project debt payments, $84,000 in highway garage debt payments. 

■ $175,000 in various capital expenses, including a new police cruiser; road repaving; a transfer station compactor; recreation area improvements; and Broadband installation in Apple Valley.  

■ $118,000 toward a stabilization account for future police and highway vehicle purchases plus general savings.

Short-term rental tax

The town accepted a 5-percent local lodging tax on short-term rental properties, amending the original item that imposed a 6-percent tax. 

The Finance Committee had varied views on the tax, with four voting to support the article and two opposed.

Selectboard member Dena Willmore expressed support for the tax, saying it would give Buckland another stream of revenue. She said the town has limited business and draws most of its revenue from property taxes.

“We think of ourselves as agricultural, but unfortunately not so much,” Willmore said.

Sorensen said this tax may deter visitors from choosing a Buckland Airbnb.  

“I am a little afraid that 6 percent is going to bump things … so that when somebody’s searching, even if they put Amherst, we may show up, and if it is too expensive to stay here, they will go to Brattleboro,” Sorensen said.

Citizens petitions

Two citizens petitions were subject to a vote.

■The town approved an article to support a state bill that would create a commission to review the state seal and flag – specifically its depiction of Native American history.  

■The town opposed an article that would impose term limits for appointments to town boards.

■The town passed over Spawn’s alternate marijuana bylaw as the submission had a technical issue. 

Reach Grace Bird at gbird@recorder.com or 413-772-0261, ext. 280.