The Planning Board and the Economic Development Committee meet for a joint public hearing on proposed amendments to outdoor cultivation zoning bylaws at the John Zon Community Center on Thursday.
The Planning Board and the Economic Development Committee meet for a joint public hearing on proposed amendments to outdoor cultivation zoning bylaws at the John Zon Community Center on Thursday. Credit: STAFF PHOTO/MARY BYRNE

GREENFIELD — Potential amendments to marijuana cultivation zoning, including defining the difference between indoor and outdoor cultivation and setback requirements, were well-received by councilors, Planning Board members and residents who attended Thursday’s joint public hearing at the John Zon Community Center.

“This is not the only city where it’s come out that outdoor grow has brought some concerns,” said Precinct 3 Councilor Virginia “Ginny” DeSorgher, a member of the council’s Economic Development Committee, which convened the joint meeting with the Planning Board. “I advocated for outdoor grow and I still do, but it brought some other things with it.”

The conversation follows controversy surrounding the potential development of three Tier 11 outdoor cultivation sites on Country Club Road. Hearing those concerns, City Council approved an amendment to the zoning bylaws 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 project at 446 Country Club Road will be subject to this change.

Following this change, it was understood that officials would begin to consider further amendments to the zoning bylaws with respect to outdoor cultivation.

The proposed amendments, brought forward by DeSorgher, include language specifying that greenhouses and hoop houses would not be characterized as indoor cultivation sites. Rather, indoor cultivation “shall be within a fully enclosed and secured space within a building envelope that complies with the Massachusetts Building Code and the Greenfield Building Code.”

Conversely, outdoor cultivation would be any location not enclosed in a building and that entails the cultivation of mature cannabis without the use of artificial lighting at any point. It would be permissible, however, to maintain immature or vegetative mother plants.

“There’s a difference between indoor and outdoor grow,” DeSorgher said. “My main intent with this was to clearly define that.”

Other significant amendments include adding a 500-foot setback from any residential property, and ensuring proper ventilation mitigates odor caused by the cultivation of the product. The amendments also included security requirements, but at the recommendation of Planning and Development Director Eric Twarog, those could be removed as they came directly from current Massachusetts General Laws.

Resident Al Norman said he strongly supported DeSorgher’s recommendations. He asked about incorporating a “resolution process” for neighbors with complaints about odor.

He also addressed comments DeSorgher relayed from Twarog that suggested the 500-foot setback was too much.

“In our opinion, 500 feet is not that much of a distance,” he said, noting the state Cannabis Control Commission has a 300-foot requirement for schools and places of worship. “For somebody who’s living in a house, right across the street from one of these, it’s a big deal. The 500 feet setback was designed to at least mitigate (outdoor odor).”

The topic of odor, however, brought up conversations about enforcement — who would be the authority to deal with complaints when issues arise — as well as the ability of the city to regulate that odor over others. Councilors on the Economic Development Committee noted that other products, such as cabbage or manure, also produce a unique smell.

Planning Board member David Chichester asked if there was a limit to the number of cultivation sites, similar to the limit of eight licenses for retail marijuana dispensaries. But councilors cautioned that zoning should be fair.

“We don’t limit the number of cornfields … in Greenfield,” At-Large Councilor Philip Elmer said. “I can’t think of a logic except, ‘We don’t like marijuana.’”

No votes were taken, as Planning Board Chair Charles Roberts suggested DeSorgher’s proposed amendments return to Twarog for another review, following Thursday evening’s discussion.

After that, the Planning Board and Economic Development Committee will each take up the amendments as one final document to then forward their respective recommendations to City Council.

Reporter Mary Byrne can be reached at mbyrne@recorder.com or 413-930-4429. Twitter: @MaryEByrne.