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Date: 10/26/2022
PALMER – Green Adventures, a marijuana retail establishment, is looking to fill the one vacant space at the end of the Pioneer Plaza, however, a neighboring dance studio has raised some concerns regarding exposure to children.
During the Oct. 17 Planning Board hearing, Rebekah Wright, administrative assistant, explained that Green Adventures LLC is seeking a special permit and site plan approval to redevelop the existing buildings to conduct marijuana retail sales on the property located at 1240 Park St. in Palmer.
Mike Harris, owner of Green Adventures, began by introducing himself to the Planning Board. In Palmer, Harris has owned a jewelry store for 18 years, which has been “very supportive” of the community and plans to continue the support with this venture.
Don Frydryk, from the engineering firm Sherman and Frydryk, said they have completed the site plan and put together narratives for specifics on the special permit for the marijuana facility. At the existing space on Park Street, 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’s a requirement by the owner of the building that all businesses in the space have the same signage.
Isaac Fleisher, legal counsel representing Green Adventures, shared that the applicant has entered into a host community agreement with the town. Fleisher 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 Cannabis Control Commission (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.
John Furman, managing director at the engineering firm VHB, said the Planning Board is responsible for setting up the business hours of operation. At the time of the meeting, nothing had been suggested.
Furman 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, 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. Frydryk said they will talk with the owners to learn more about the stormwater issue.
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.
Kelly Jordan Peabody, a Palmer resident and owner of Gotta Dance studio in the Pioneer Plaza for 17 years, shared her concerns on the topic. She claimed to be the sole tenant who was not notified by the owner about the potential marijuana establishment.
Peabody noted that she was representing the parents of her students, who range in age from 3 to 16.
“I do think that this has the potential to have a negative impact on a business that I have – quite frankly in the last couple of years – struggled to keep alive during the [coronavirus] pandemic,” she said.
After further investigation into the matter, Peabody asked what the distance is from her studio to the proposed location. She said that in the absence of a specific buffer zone dictated by the town, the state is looking for a minimum of 500 feet from a school, daycare center or any facility in which children commonly congregate. Although not listed, she noted that her dance studio is a place where children congregate.
“[Children] are my base of business,” said Peabody. “If a business comes in that is then deemed negative in any way by the parents, that is a huge detriment to me.”
She acknowledged the package store located in the plaza but said it’s “regulated differently” than a marijuana establishment.
“My students are my kids,” she said, which is why she is concerned about exposure.
According to the town’s buffer zone laws, Fleisher said no marijuana 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 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.
After some brief discussion, the Planning Board made agreed to continue the hearing until Nov. 21 at 7:30 p.m. Members said Furman will have appropriate time to review the material and obtain missing information on stormwater.