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Date: 4/26/2022
HOLYOKE – During their April 19 meeting, the City Council discussed a referred order to review and revise the current buffer in the city’s marijuana ordinance. The ordinance referral from the Committee on Ordinance was updated to bring in more relevant language and regulation concerning the locations of marijuana dispensaries and manufacturers.
The initial writing only stated that any marijuana manufacturing establishment shall have a 200-foot buffer from any other use listed in the city’s table of principle uses section.
The new language states any location for a recreational marijuana retail establishment (RMRE) shall not be located within 500 feet of any pre-existing public or private school providing education in pre-kindergarten, kindergarten, or any grades 1-12. It also adds that any other marijuana establishment (ME) shall not be located within 200 feet of any pre-existing public or private school providing education in the same grade levels.
This new version was ultimately voted on and approved by the council.
Discussions between councilors focused on whether the difference in the 200 feet to 500 feet in RMREs and general ME establishments made sense based on feedback from the community.
Ward 4 Councilor Kocayne Givner suggested there be more specific language within the writing to differentiate buffers between residential areas and separate buffers for schools.
Ward 2 Councilor Will Puello said from speaking with his constituents he learned they were in favor of bringing in more of a buffer for marijuana facilities in Holyoke. At-Large Councilor Kevin Jourdain shared similar sentiments and said a 500-foot buffer was similar across the board for schools generally.
“I would not want to see that mitigated more than necessary. The 200 offer for residential and all for schools is not burdensome at all,” Jourdain said.
He added that he too felt specific language was needed in separating the two for consistency’s sake. At-Large Councilor Jose Maldonado Velez made the point that this would be an easier fix if city zoning laws allowed for marijuana establishments to be placed in just the first two zones in the city.
At-Large Councilor Tessa Murphy-Romboletti said her feelings had not changed on the issue and that creating more strict language was not something she was interested in, calling the move “a slippery slope.” She also agreed with councilor Maldonado Velez’s comments on zoning limiting locations.
“Prior councils made sure marijuana facilities are restricted to the IG zone. I have mentioned we should reconsider this,” Murphy-Romboletti said. “If we have a Walgreens or a CVS across from someone’s house that is not different than a dispensary.”
Ward 1 Councilor Jenny Rivera said she has not received any complaint “whatsoever” from constituents and credited the marijuana establishments for already being proactive and careful with odor exposure. She added while she herself is not a smoker, she has been around enough establishments where she has not noticed an odor.
“I smell it more near cars and on the street than odor from a building,” Rivera said.
Maldonado Velez added that currently the only areas in the city that are permitted for marijuana establishments are the same areas where people used to be arrested for the plant.
“I saw so many people arrested. I am voting no on the language change because our people are also looking for opportunities. We are not getting enough opportunity for our people to access these opportunities in marijuana,” Maldonado Velez said.
He added that the city should consider a program similar to what Boston incorporated where people who were directly impacted by the “war on drugs” in the past and arrested due to marijuana related crimes are involved and given opportunities in the now legal field.
“Can we have too much cannabis? Yes, but my biggest thing is industry security and making sure people get chances,” Maldonado Velez said. “This city, state, and country have arrested plenty of our people over this plant that is being profited on.”
Councilor Israel Rivera also felt there should be more opportunity, saying that the fact marijuana establishments were limited to certain districts was something that should change and felt resident’s opinions on these issues meant more to him opposed to his fellow colleagues. He added it was unfair and that it should be a shared “burden” within the community and not just a specific part.
When finally making the vote on the proposed changes, the council voted against and ultimately voted on the initial referral given to them from the Committee on Ordinance. The ordinance of RMRE’s not being allowed within 500 feet of pre-existing schooling and any other ME not being located within 200 feet of existing schooling was approved for Holyoke.