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Meeting Held to Discuss Zoning Bylaw Changes to Limit Smoke Shops

Does Burlington want smoke shops?

That was the question at an August 10 joint meeting between the Zoning Bylaw Review Committee, the Planning Board and the Land Use Committee when members discussed possible zoning changes to limit where new smoke shops could be located.

The issue came up in the wake of the Planning Board approving a special permit to allow Cambridge Street Smoke Shop to open at 226 Cambridge Street in the Town Center. The fact that the location is adjacent to Schoolhouse Ice Cream & Yogurt sparked debate among some members about the nature of the business and whether it was appropriate in locations near where children are likely to congregate.

During the joint meeting Planning Director Kristin Kassner put forward potential zoning bylaw changes that, if approved by Town Meeting, would limit smoke shops to Continuous Traffic Business District (BT) zoning districts. This would essentially halt any new smoke shops from locating in town as there are only three such districts in Burlington – the Midas Muffler Shop and the Burlington House of Pizza and Shell Station locations.

The concern among some members of the three bodies and some residents is that the approved smoke shop has other locations that feature smoking paraphernalia that can be used for uses other than tobacco. Planning Board member Bill Gaffney said he visited the owner’s Beverly location and said it had a lot of glassware that could be used for marijuana use alongside tobacco and vaping products. He suggested that might not be what residents want to see in the Town Center.

“Maybe we don’t want to have that vibe there so maybe in the Town Center these types of places should not be allowed,” he said. “The primary point of these places is not to sell tobacco but more marijuana products.”

Planning Board Chair Brenda Rappaport agreed that having a store with products that can be used for marijuana use may not be appropriate in all locations in town, including the center.

“I take my children to the Town Center and I don’t want to have an opportunity when I look at my daughter or son and say ‘that’s a hookah’ and that’s what I’ve heard from other parents,” she said. “That’s something we really need to take into consideration.”

Other members of the three groups were not convinced the town should limit what types of legal products are allowed to be sold in certain locations.

“Since tobacco products can be purchased at retail stores I’m assuming this change is part of our misguided persecution of people who use marijuana products,” Land Use Committee member Monte Pearson said.

As reported by BNEWS, marijuana dispensaries are not allowed in Burlington after a vote by Town Meeting. Additionally, the Planning Board put restrictions on Cambridge Street Smoke Shop stating that at least 85 percent of their merchandise must be tobacco or vaping products and that they cannot sell hookahs or display glassware in the front window display.

The proposed zoning changes are set to be discussed at the August 18 Planning Board meeting.