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Date: 7/5/2018
CHICOPEE – Although a 50-foot barrier between proposed retail marijuana shops and its neighbors was recommended by the council’s own Ordinance Committee and the city’s Law and Planning departments, the City Council decided to increase the limit to 100 feet, causing some councilors to believe the state would view this action as zoning the shops out of the city.
“I guess we’ll take our chances with the Commonwealth,” Councilor Shane Brooks said.
The amended ordinance was passed with the dissent of three councilors: William Courchesne, Fred Krampits and Joel McAuliffe.
The City Council meeting on July 3 had elements of drama in the discussion concerning the placement of retail marijuana sales shops. Brooks noted the ordinance would allow for four shops in the city, which he said would give potential owners a “fair opportunity.”
Councilor Frank Laflamme said the barrier should be 100 feet and then the city could allow a waiver to an applicant depending upon the individual circumstance.
“We give waivers [to businesses] all the time,” he added.
Councilor James Tillotson said, “This is a tough one. “ He noted the city had worked hard to meet the regulations of the Commonwealth’s Cannabis Control Commission and that by going to 100 feet the action would potentially eliminate many applicants.
“Very, very few spots would be left,” he said. Tillotson added the council’s actions might have to be decided by the courts.
Councilor Derek Dobosz noted his Ward 6 did not vote in favor of legalizing adult recreational marijuana in the referendum, but yet has the greatest number of potential sites for a retail shop. He was in favor of increasing the barrier limit.
Councilor Joel McAuliffe expressed his concern about restricting the city’s ability to garner additional taxes from the sale of marijuana, something he said the city needs. He called the ordinance in its amended form “overly restrictive.”
McAuliffe attempted to send the ordinance back to committee but was defeated. In a protest measure he then made a motion to increase the 50 feet limit to 55, but was defeated. He made another motion to raise it to 60 and said he was going to making motions to increase the barrier by five feet until the number reached 100.
McAuliffe stopped after 60 feet.
The council also considered a 3 percent local sales tax on retail marijuana sales. In his briefing prior to the meeting, Mayor Richard Kos said he would have the ability through Host Community Agreements (HCA) to add another 3 percent. Each retailer will have to enter into a HCA with the city.
The motion passed unanimously.
In other action, Kos explained that a first step was necessary so that Silverbrook Group LL can apply for a Tax Increment Exemption agreement to move its conversion of the Cabotville Industrial Park into 600 units of housing.
The council passed the proposal.
The council also approved for a first step for a change in the Water and Sewer Commissions and approved a Home Rule Petition. The Water and Sewer Departments have their own separate commissions. Essentially the petition would allow the city to change the charter and then re-organize the two departments into one, Kos explained.
If ultimately approved the city charter would be changed to create one commission with seven members, Kos added.
The mayor suggested sending the proposal to the Ordinance Committee so public hearings can be conducted. McAuliffe said some of the present members of the two commissions have expressed concerns about the merger.
The council voted to send the proposal to the Ordinance and Utilities Committees for a hearing and further consideration. Tillotson expressed happiness that Kos suggested having a public meeting so the public can understand the change.
“Hopefully we’ll have someone show up at the public hearing,” he added.