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Date: 3/16/2023
PALMER — After months of public hearings on Green Adventures LLC, the Palmer Planning Board approved its site plan and special permit to redevelop the existing buildings to conduct cannabis retail sales on the property located at 1240 Park St.
Isaac Fleisher, legal counsel representing Green Adventures, began the March 6 discussion by addressing the outstanding issue: the proximity to Gotta Dance Studio, also located in the Pioneer Plaza.
During the first public hearing on Oct. 17, 2022, Gotta Dance Studio owner Kelly Jordan Peabody went before the Planning Board to share her concerns with the distance from her studio to the proposed location.
Peabody mentioned the buffer zone laws that require a minimum of 500 feet from a school, daycare center or any facility in which children congregate. Although not listed, she noted that her dance studio is a place where children gather.
According to the town’s buffer zone laws, Fleisher said no cannabis establishment should be located within 500 feet of a property boundary line of a school providing education to preschool, kindergarten, grades 1-12, or a daycare center. He noted that the Cannabis Control Commission (CCC) uses similar language.
Fleisher shared that the term “school” isn’t specifically defined in the zoning ordinance. However, according to the Palmer Board of Health, school is defined as public or private, elementary or secondary schools.
During the second public hearing on Nov. 21, 2022, Planning Board Chair Michael Marciniec said Peabody’s buffer zone questions were forwarded to the town attorney. He reiterated Fleisher’s previous points and noted that this does not include a dance studio. Although he was understanding of Peabody’s opinions on the matter, Marciniec said there is nothing in the regulations to say they cannot have this.
On Dec. 19, 2022, the Planning Board received a petition from Peabody with 71 signatures of people opposed to the marijuana retail establishment, however, Marciniec said it should have been addressed before it reached the Planning Board, such as the Town Council stage.
As several other towns use the same ordinance as Palmer, Fleisher shared a chart with board members on March 6 to show other retailers in Western Massachusetts that operate near a place where children congregate. For instance, in Easthampton, Insa is located next to a dance studio, he said.
During the last public hearing on Feb. 27, Fleisher said some of the board members expressed that they felt they should do what is best for the constituents rather than what is in the ordinance. Reflecting on these comments and referencing the vacant room on March 6, Fleisher said, “For certain members of the public, this may be a controversial issue but not so much that people have shown up at this meeting to speak… If the public opposition is so strong, I would not expect this room to be so empty today.”
Marciniec said even if 5,000 people were here against the proposal, it doesn’t change the zoning ordinance that was already passed.
When Marciniec asked the board if anyone would like to make a comment, Planning Board member Michael Dee said, “Yes — stop the browbeating and have a vote.”
A motion was made to approve the special permit for Green Adventures. The motion was seconded and approved with four yes votes and one abstention from board member Timothy Cienciwa.
A second motion was made to approve the site plan. The motion was seconded and approved by a 4-0 vote, with Cienciwa being the abstention.
Two other motions were made regarding applicability and waivers. The motions were approved with a 4-0 vote – Cienciwa abstained.
As the Planning Board is responsible for setting up Green Adventures’ hours of operation, they decided on opening daily from 10 a.m. to 10 p.m.
Background
During the first public hearing on Oct. 17, 2022, Don Frydryk, from the engineering firm Sherman and Frydryk, explained that the proposed marijuana facility is on the northwest side of the building, in a 1,250-square-foot space. This space was formerly occupied by Chmura’s Bakery.
He went on to say that they have not proposed any changes in parking. “The bakery use, and marijuana use kind of washes out for the number of parking spaces that are required.”
Frydryk continued, “Basically there’s no change in the building. You’ll see some signage put on, which we put some additional details to match what’s there now.” He noted that it is a requirement by the owner of the building that all businesses in the space have the same signage.
Fleisher shared that the applicant entered into a host community agreement with the town. He noted that about half of the space would be retail and the rest would be used for offices, bathrooms and a vault with access only to employees.
“The non-retail area is a limited access area,” he said.
Customer access would be in the front retail space, only with individuals who can verify with identification that they are over the age of 21. Identifications would be checked at the door and at the register.
In terms of deliveries, Fleisher said products would be coming through the rear entrance and will go straight into the vault.
On the exterior and interior parts of the building, Fleisher said there would be several security requirements regulated by the CCC that Green Adventures would comply with. This includes video surveillance of the property and a security room in the rear of the building that the Palmer Police Department will have direct access to viewing.
Fleisher explained that all marijuana products for sale are secured behind a shadow proof glass in a locked display. “It can’t be provided to customers to touch or hold. Everything has to be in its CCC compliant packaging,” he said. No products can be used on site.
Like any other retail establishment, waste would be handled properly, Fleisher said. “Marijuana waste is a unique category that will be handled differently. There’s going to be very little marijuana waste,” said Fleisher. “Ideally, it will be zero,” because everything that gets delivered is intended for sale. If a product expires or is recalled, typically it is sent back to the supplier and disposed of properly. No liquid waste is expected.
With marijuana establishments, Fleisher said people are typically concerned with odor control. However, with a retail establishment, this seems to be less of an issue. This is a result of the arrival and departure of products in airtight containers, he noted. Nonetheless, Fleisher assured that they will adhere to the same odor mitigation policies that exist.
Since the retail space is roughly 650 square feet, they do not predict people to fill the area nor create lines out the door. If lines were to occur, he said there is a sidewalk out front where people can wait.
One of the ongoing issues that delayed Green Adventures’ approval was with the stormwater. John Furman, managing director at the engineering firm VHB, said the site has a large gravel area that runs into Breckenridge Street when it rains. In Green Adventures’ application, they requested a waiver for part of stormwater management, however, Furman shared, this should not be waived.
Instead, he said it needs to be evaluated and investigated to address the problem on Breckenridge Street. To learn more about the stormwater issue, Frydryk said they would talk to the owners.
On Dec. 19, 2022, Furman noted that an updated site plan was provided, including the addition of spot grades, the gravel area that has been loamed, seeded and more. After receiving information on the history of stormwater management, he said the existing and proposed conditions have been upgraded. Furman went on to say that there is a pipe that goes across the parking lot that should not be paved over but instead treated in case it is needed in the future. He added that the site is completely isolated from the municipal system.
Frydryk noted that there is a manhole issue, but it will be addressed before paving.
Currently in the Pioneer Plaza there is a restaurant, liquor store, dance studio, driving school, dog grooming business, barber shop, training facility for emergency services, a retailer for rugged equipment cases and the vacant space. In front of the plaza is a residential building along with a building that is not being used.
111b Breckenridge St.
Countless public hearings for a cannabis establishment at 111b Breckenridge St. have been continued.
The Planning Board expressed their frustration during the March 6 meeting, as it was supposed to begin with a public hearing on 111b Breckenridge St., but instead, a letter was received with a request for continuance.
The applicant, Oraka Wellington, is looking to renovate a portion of the existing building and construct a 3,000 square foot marijuana cultivation facility.
If the Planning Board does not receive anything before April 3 — when the public hearing was continued until — Marciniec said they will ask the applicant for a request to withdraw as this is a waste of the board’s time.