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Date: 7/27/2022
WEST SPRINGFIELD — A majority on the Town Council voted on July 18 to allow recreational cannabis businesses in town, but members of the minority said they aren’t just three councilors, they’re part of a movement with hundreds of petitioners.
“People are angry,” said Councilor Daniel O’Brien, who joined Councilors William Eger and Anthony Distefano in voting against the zoning amendment.
The vote among councilors to adopt a zoning ordinance long sought by Mayor William Reichelt was 6-3, however. The town had previously banned non-medical cannabis establishments, a measure the council passed in 2019, overruling a veto from the mayor with an 8-1 vote. The new zoning amendment overturns that ban, making West Springfield the first town in the Pioneer Valley — and one of only about a dozen statewide — to have changed its mind on banning cannabis sales since Massachusetts legalized the drug.
In 2016, a majority of West Springfield residents voted against the state ballot initiative that legalized recreational cannabis growing, sales and use in the state, and at recent public hearings, residents have expressed concerns over what they see as the mayor and council acting against their wishes.
“Taking the vote away from the citizens of West Springfield smacks of hubris,” said resident Ken Curran, at a June council meeting.
At the July 18 hearing, O’Brien tried to amend the proposal to send it to the voters as a ballot question in November, but had to withdraw the motion.
“You can’t do that,” said Assistant Town Solicitor Jenna Wellhoff.
“The council doesn’t have that option,” clarified Distefano. “We could either vote it up, we could vote it down ... but it wasn’t as simple for us to be able to put it forward as a ballot question.”
The only way for it to reach the ballot would be for a group of citizens to petition for it. The petition would need at least 2,200 signatures of registered voters in town. According to Council President Edward Sullivan, at the time of the council’s vote, no one had requested petition forms from the town clerk, a necessary first step.
O’Brien said he has a petition signed by 1,200 residents, but according to Town Solicitor Kate O’Brien-Scott, these would need to be re-collected to be valid under West Springfield’s town charter. Asked if he planned to pursue a new petition, O’Brien said, “Most definitely. People are angry.”
Before voting on the ordinance, councilors voted unanimously to adopt three amendments proposed by Councilor Michael Laflamme. Two dealt with where facilities could be built, cutting out a loophole that could allow a retail shop to open less than 500 feet from a school or park; and further limiting any facilities from being built within 300 feet of a residential district. A third limited the total number of facilities that could operate in town to three.
Massachusetts law says that towns can place a cap on the number of recreational cannabis licenses they will issue, but it cannot be less than 20 percent of the total number of liquor stores in town. Sullivan said that since West Springfield has 12 liquor stores, three cannabis establishments is the lowest cap possible.
Mayor William Reichelt said he supported the amendments, and that he did not anticipate the buffer zone for residential buildings to pose any issues.
“Our focus is going to be on Riverdale and Memorial,” he said. “In most of the business districts along Riverdale, there’s no housing, or it’s much further away,” he said.
Reichelt added that due to a complex and lengthy application and permitting process required by state regulators, the first recreational cannabis businesses are still likely a year away from opening.
At least one business is excited to get started, however.
“The city council vote to remove the ban on adult-use facilities is long overdue,” said Thomas Keenan, a co-owner of the Westfield-based Cannabis Connection.
At several previous council hearings, Keenan and his business partner Marc Lichwan have spoken in support of the mayor’s push to allow recreational retail sales.
“I believe our track record with our store here in Westfield and our strong roots in Western Mass. make Cannabis Connection an ideal organization to partner with West Side to ensure things are done right and Cannabis Connection is a benefit to the community. I don’t believe there is another cannabis business that is more qualified than Cannabis Connection to be one of the city’s first retail stores,” said Keenan.
Retail stores are not the only types of businesses covered by the zoning amendment. The town could also attract cannabis growing facilities or laboratories for testing or manufacture of cannabis products.
At the same meeting, the council passed an ordinance delegating its authority to assign police details at polling stations to the town clerk. Under West Springfield’s charter, this had previously been the responsibility of the clerk, but the VOTES Act, passed by the state Legislature last month, gives this authority to city councils. The ordinance passed with eight yes votes and one abstention, from Councilor Jamie Smith, who abstained because her husband is a police officer.