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Date: 2/9/2023
SPRINGFIELD – Representatives from a dispensary planning to open in Springfield and city leaders aired differing perspectives on a zoning change that would allow a dispensary to receive a building permit before being granted a provisional license from the Cannabis Control Commission (CCC). While the potential zoning change ultimately received support from a majority of the council, it did not receive enough votes to be approved during the council’s Jan. 23 meeting.
Shatz, Shwartz and Fentin legal counsel Ellen Freyman spoke on behalf of PS Springfield LLC. The organization has already received a host community agreement (HCA) from Springfield, but is still awaiting to receive its license from the CCC.
“Opening a [cannabis] facility is a long, arduous and expensive process … Currently, the city’s zoning regulations require that after you get a special permit, you must wait until the provisional license from the CCC is in hand to submit a building permit application to the Building Department,” said Freyman.
Freyman said the proposed zoning change would allow PS Springfield LLC to “hit the ground running” in starting development for the space as they await their provisional license. She stressed that preventing delays for the organization is critical as the cannabis industry continues to see increased competition.
“The city should be as accommodating as possible to help local businesses get off the ground and not lose out to businesses in neighboring communities,” said Freyman.
Out of the 15 Springfield businesses to receive an HCA, only three are currently operational – 6 Brick’s, Liberty Cannabis and Insa. No HCA applicants accepted during the second request for proposals (RFP) round in January 2021 have opened their operations.
Freyman stressed that the zone change could help all dispensaries accelerate their development process. She shared that this change would still require the prospective business to follow all CCC regulations.
Chief Operating Officer of Enlite Cannabis Matthew Yee also spoke in favor of the zone change. Yee, who is overseeing the opening of an Enlite location on 459 Main St., shared that Enlite would have already opened if the zone change previously existed.
“Right now, we are in the same predicament … Without the ability to gain a building permit, we can’t move forward with construction, it’s a major holdup,” said Yee. Enlite Cannabis has since received its provisional license.
First Associate City Solicitor Talia Gee spoke against the prospective zone change. She shared that the request goes against CCC recommendations that stressed construction may not begin until the commission has granted approval.
“What the petitioner is asking the City Council to do is ignore the CCC regulations … The city wants to do what will support the CCC,” said Gee.
Gee also warned of the potential risk of a dispensary abandoning a project mid-development under the proposed zone change.
“We would have no control over that process. Projects get abandoned all the time,” said Gee.
PS Springfield LLC representative Ryan McCollum said that other communities have enacted the zone change. He said it has expediated the development process for these dispensaries.
“Surrounding towns are more aggressive legally than we are … Allowing them to build and not sit on their hands is a plus because they will open sooner,” said McCollum.
Deputy Director of Planning Philip Dromey echoed Gee’s sentiments. He considered it a “bad precedent” to change a zoning ordinance based on the request of one business.
“I do think this is a change for a specific business and I am not a fan of changing the zoning ordinance, regardless of what regulations we are talking about, for a specific business. The city has regulations that all the other applicants that have applied for this license have had to follow,” said Dromey.
Dromey stressed that any zoning change should only occur after extensive review of the current regulations.
“It should be done inclusively and comprehensively,” said Dromey.
Several councilors spoke in favor of the proposed change. Ward 7 City Councilor Timothy Allen said he saw the value in supporting PS Springfield LLC’s request and its potential to positively impact other developing dispensaries in the future.
“I don’t see a problem with the petitioner’s point of view … Once it’s on the books, it’s for any business that could benefit from it,” said Allen.
Ward 8 City Councilor Zaida Govan expressed her support for the zone change’s ability to provide additional tax revenue for the city. She emphasized that the cannabis market continues to be competitive, placing extra importance on developing dispensaries getting an opportunity to open in a timely manner.
“Springfield is losing money, it’s leaving money on the table waiting for this process to happen,” said Govan.
City Councilor At-Large Kateri Walsh stated her opposition to the change. She believed the council required more information about the zone change before approving it.
“I don’t feel comfortable voting on it, I don’t know if this is a good or bad idea … Tonight, I feel like I am being rushed into a decision that I don’t know enough about,” said Walsh.
Ward 1 City Councilor Maria Perez expressed the same concern.
“I feel uncomfortable tonight voting yes without the proper information,” said Perez.
City Councilor At-Large Tracye Whitfield was originally in opposition to the zone change, but changed her perspective as discussions progressed. She concluded by expressing that the zone change would still keep petitioners accountable.
“The burden will be on the petitioners,” said Whitfield.
Ultimately, the City Council voted 8-3 in favor of the zone change, but the votes were not sufficient enough to approve the proposal. Ward 2 City Councilor Michael Fenton and Ward 4 City Councilor Malo Brown recused themselves from the discussion.
The City Council will meet again on Feb. 13.