GREENFIELD — A proposed amendment to zoning bylaws that would reimpose the Tier 1 limit on outdoor marijuana cultivation has been forwarded to City Council with a positive recommendation from the Planning Board and the Economic Development Committee.
The proposal for a moratorium on approvals for outdoor cultivation altogether, however, was forwarded to City Council with a negative recommendation.
The recommendations followed a remote public hearing Tuesday evening, which offered residents a chance to comment on both proposals. Residents, however, focused on their desire to reimpose the Tier 1 limit of 5,000 square feet of canopy, with a limit of three Tier 1 operations allowed on any given parcel.
“The decision in 2021 to drop any tier (limits) in combination with our minimal zoning regulations compared to other communities is what led to the excessive — and in my mind, outlandish — proposal by the three out-of-state investors,” said resident Nancy McIver. “If the city wants to make money from retail stores, that’s the way to go. Indoor growing has less odor and less security issues, and also can employ more people. Outdoor growing is the most problematic and that’s what we need new zoning (regulations) targeted for.”
For the last several months, residents in the neighborhood of 446 Country Club Road — where three limited liability companies have secured host community agreements with the city to operate three Tier 11 outdoor cultivation sites — have expressed concern over the magnitude of the operation planned for the property. Tier 11 allows for grow sites with up to 100,000 square feet of canopy, which is the largest size possible for a cultivation site in Massachusetts, according to the state Cannabis Control Commission.
Although the city has received no site plans, an Approval Not Required (ANR) plan was endorsed by the Planning Board in May. An ANR allows the owner of land on a public road to split the property without going through the subdivision process. The ANR also protects the land from future changes to the acceptable use of it, meaning if the acceptable use of the land changes, the property would be grandfathered in. The land is characterized as rural/residential.
According to attorney Jesse Belcher-Timme of Doherty, Wallace, Pillsbury & Murphy, the ANR does not appear to protect the land from any potential zoning changes that might occur, which would include any restrictions placed on the size of the cultivation project.
“This amendment does not disturb the use of land,” resident Al Norman said at Tuesday’s hearing. “It does not create a virtual prohibition of the use of this land and therefore does not change the intent of the use of land, and does not create any (Approval Not Required) complications.”
Although most Planning Board members and councilors on the Economic Development Committee were in agreement on forwarding a positive recommendation to City Council, Planning Board member George Touloumtzis — though in support of the intent to protect the Country Club Road neighborhood — had concerns that, contrary to the attorney’s opinion, the LLCs could indeed argue that the reduction to a Tier 1 cultivation limit would constitute a “virtual prohibition.”
“Looking at … what the court described as a ‘great reduction’ seems very different from the reduction being proposed here,” Touloumtzis said, arguing instead for a less severe reduction from the current Tier 11 maximum, such as a Tier 3 or Tier 4.
At-Large City Councilor Philip Elmer said he interpreted it differently.
“The City Council made a mistake … and it’s trying to correct a mistake,” he said. “We opened up a door wider than we meant to. I guess we’ll find out if we’re going to get sued for this, but I feel like going back to Tier 1 is the simplest, most efficient way to correct the mistake City Council made.”
A motion to send a positive recommendation to reimpose the Tier 1 limit passed by a Planning Board vote of 3 to 1, with Touloumtzis voting “no,” and Chair Charles Roberts, and Planning Board members Amy McMahan and David Chichester voting “yes.”
Reporter Mary Byrne can be reached at mbyrne@recorder.com or 413-930-4429. Twitter: @MaryEByrne