Public Hearing- Rec. Marijuana and Bylaw Recodification

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Wednesday, November 6, 2019, 5:00 pm until 6:00 pm
Colrain Central School-22 Jacksonville Rd.
A meeting of the Planning Board

Meeting of Planning Board

Members: (Quorum)

• Present: Betsy Corner, Member, at 5:00 PM
• Present: Sara Wik, Member, at 5:00 PM
• Present: Jonathan Lagreze, Vice Chair, at 5:00 PM
• Present: Robert Slowinski, Chair, at 5:00 PM
• Present: Loren Feinstein, Secretary, at 5:00 PM
• Present: Don Kahn, Member, at 5:00 PM
• Present: Gregory Olchowski, Member, at 5:00 PM

Also Present:

• See attached attendance list for others in attendance.

See original Agenda Final Minutes

Meeting opened: 5:00 PM

Meeting closed: 6:17 PM

0. Meeting Preliminaries

   • Meeting Opened / Attendance Taken (see above).

   • No minutes to approve.

1. Public Hearing

   • 5:00: Attendance

     1. PB_PublicHearingAttendance_11062019.pdf - Public attendance sign-in list of meeting attendees.

   • 5:00PM: Re-codification Hearing

     General Discussion...
     Johnathan Lagreze presented on the purpose and procedure for the recodification of the Colrain Protective Zoning Bylaws by the members of the Planning Board. Explained it was mostly a general document housekeeping endeavor to assist with legibility and clarity. The board also clarified the meaning of "non-substantive changes" as it pertains to this recodification. There were no other concerns expressed by those present.

     1. Public_Hearing_Final_Draft_Recodification.pdf - Draft of proposed recodified Colrain protective zoning bylaws.

   • 5:15PM: Recreational Marijuana Hearing

     General Discussion...
     Peggy Sloan, of FRCOG, presented an informational power point explaining the issues surrounding new marijuana businesses. She expressed the need to address the town's current zoning bylaws in order to cover the pertinent concerns. She explained the different approaches available, and described in detail the particular approach proposed by the planning board for the current draft of the marijuana bylaw amendment.
     
     Discussion and an open comment period followed.
     
     Haynes Turkle, Chair of the Colrain Agricultural Commission, spoke to the need to support agriculture in our town in all forms, including marijuana cultivation. He expressed his desire to see it adopted as an agricultural endeavor and thereby be incorporated as a by-right venture through the town's existing Right to Farm. He also acknowledged the challenge of doing so, due to the unclear status of marijuana cultivation in the state law definitions.
     
     Denis Depollo, of Twisted Yields farm, West Leyden Road, Colrain asked if we as a town could take a lead stand in treating marijuana cultivation as agricultural instead of the current state defined industrial/manufacturing definition. He also read a written statement expressing his desire to become a part of the community and pursue his marijuana cultivation goals here to the benefit of the community. He feels that unnecessary regulation at the town level can be stifling to business development. He sated his preference for no change and no amendment to the existing bylaws.
     
     Loren Feinstein, planning board member, explained the Planning Board's repeated decision to take no action and make no bylaw amendments regarding marijuana businesses, since it is already heavily regulated at the state level. But after being requested specifically and repeatedly by the Select Board, Assessor's Office, and Colrain Building Inspector multiple times, it became clear that no action on the part of the planning board would lead to an inability for marijuana businesses to get town approval to operate, due to there being no clear path for project approval or taxation. So the planning board has undertaken this minimalist, streamlined approach, of adjusting the current zoning bylaw use table and definitions to provide a clear path for prospective marijuana businesses to attain legal status and project approval.
     
     Discussion with Johnathan Lagreze, of the Colrain Planning Board and Peggy Sloan, of FRCOG, about the current situation at the state level, and the unclear legal definitions of marijuana cultivation as an agricultural vs industrial/manufacturing endeavor.
     
     Marty Dagoberto, NOFA representative and Colrain resident, gave voice to the desire to support our agriculture and town by encouraging less regulation at the town level where possible.
     
     Eileen Sauvageau, Colrain Select Board member and Colrain Town Clerk, voiced her curiosity about State level hesitation to rule on agricultural status. Asked if it might be linked to APR restrictions. Also questioned whether the town should address the entire "right to farm" concept, in view of the potential impacts of larger-scale agriculture on neighboring properties.
     
     Joe Kurland, Select Board Member of Colrain, voiced concern for the energy and resource intense cultivation of Marijuana, and expressed his desire to protect our town and its residents through a regulatory process of some kind.
     
     Linda Magee, of 6 Maxam Rd., Colrain, asked about energy and consumption concerns with Marijuana, due to specialty cultivation requirements.
     
     Jackson McLeod, of Atlantic Farms in Colrain, though he is a not a Colrain resident, described his role as a partner in Atlantic Farms, and clarified the reasons for indoor vs. outdoor marijuana cultivation due to control factors. Also gave voice to his support for encouraging green growing and natural sunlight growing techniques as beneficial for the community and the planet as a whole.
     
     Ellen Weeks, of 56 Foundry Villarge Rd., Colrain, gave voice to her support for regulation on marijuana businesses, especially cultivation and processing, in order to offer protections to the town and townspeople.
     
     Derek Giard, of 497 Adamsville Rd., Colrain, asked if the planning board would limit or designate numbers of facilities allowed in the town. Peggy Sloan explained that was the purvey of the state and town select board, not the planning board.
     
     Adrian Catao, of 188 East Colrain Rd., asked about the scenario of growing businesses changing tier/scale and the permitting process involved with that. Voiced support for encouraging sustainable and green growing practices as a town. Peggy Sloan indicated that the scale change would initiate other regulatory mechanisms, and thus be administered accordingly.
     
     Wendy Dellert, of 98 Jacksonville Rd., Colrain, had a question about lot size requirement for marijuana. Peggy Sloan indicated that it would be regulated by the existing regulations for standard site uses in the zoning bylaws.
     
     Joe Kurland, asked about land values and potential tax revenue linked to such. And how we might encourage small farming versus out of town large-scale investment. Alice Wozniak of Colrain Assessor's Office explained the rough concept of tax collection for businesses similar to marijuana businesses, and how this might be addressed.
     
     Haynes Turkle gave voice to his desire to encourage small farming and outdoor farming of marijuana by right. Discussion of the legality of this at the state level ensued.
     
     Johnathan Lagreze, Planning Board member, suggested potential re-working of amendment and holding a second public hearing.
     
     Eileen Savageaux, Gave voice to her feeling that there was not support amongst those present for Johnathan's suggestion for re-working the amendment and holding another public hearing. She gave voice to the need to have something on the books, and that this proposed amendment seemed to be a good starting point that seemed to address most of the concerns of those present.

     1. Colrain_Public_Hearing_-_Legal_Notice_11-6-19_Adult_Use_Recreational_Marijuana__Recodification.pdf - Legal public notice of Nov6th public hearing.
     2. Colrain_-_Recreational_Marijuana_Zoning_Amendments_-_Public_Hearing_Draft_10-16-19.pdf - Final Draft of Recreational Marijuana Bylaws for Public Hearing
     3. Adult_Use_Recreational_Marijuana_Draft_PowerPoint_11-6-19_Public_Hearing.pdf - Informational presentation for Nov. 6 public hearing.

2. Meeting Wrap-up

   • Next Meetings:
     1. Wed, Nov 6, at 6:00 PM "Planning Board Meeting" -- Colrain Central School-22 Jacksonville Rd.
     2. Wed, Dec 4, at 6:00 PM "Planning Board Meeting" -- Colrain Central School-22 Jacksonville Rd.
     3. Wed, Dec 25, at 12:15 AM "Closed for Christmas " -- Colrain Central School-22 Jacksonville Rd.
     4. Wed, Jan 1, at 6:00 PM "Planning Board Meeting" -- CANCELLED -- Colrain Central School-22 Jacksonville Rd.
     5. Wed, Jan 8, at 6:00 PM "Planning Board Meeting" -- Colrain Central School-22 Jacksonville Rd.

The listing of matters is those reasonably anticipated by the Chair which may be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law.

Minutes prepared by Secretary

Minutes approved on Wednesday, Dec 4, 2019