Legal concerns arise over property usage in marijuana bylaw revisions

May 08, 2025 | Town of Hubbardston, Worcester County, Massachusetts


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Legal concerns arise over property usage in marijuana bylaw revisions
During a recent Planning Board meeting in Hubbardston, concerns were raised regarding potential legal challenges to local zoning laws, particularly in relation to property use restrictions. Board members discussed the implications of language in proposed regulations that could limit property usage to only half of the designated area. This restriction could create practical barriers for property owners, especially those with irregularly shaped lots.

One board member highlighted a previous experience where similar restrictions led to the rejection of a marijuana bylaw by the Attorney General. The board was informed that the previous proposal was deemed problematic because it did not consider the diversity of lot sizes and shapes in the community, which raised social equity concerns. The Attorney General's office pointed out that the regulations unfairly disadvantaged those who could not afford larger, square lots, effectively prohibiting them from participating in the intended use of the property.

This discussion underscores the importance of crafting zoning laws that are inclusive and equitable, ensuring that all residents have fair access to property rights and opportunities. The board's ongoing deliberations aim to balance community needs with legal compliance, reflecting a commitment to thoughtful planning that serves the entire Hubbardston community. As the board continues to refine these regulations, the focus remains on creating a framework that supports diverse property ownership while adhering to legal standards.

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