Charlton citizens’ petition calls for special town meeting to rescind marijuana zoning
By
Debbie LaPlaca
Correspondent
Posted Jun 29, 2018 at 2:14 PM
Updated Jun 29, 2018 at 2:14 PM
CHARLTON – More than 200 signatures on a citizens’ petition mandates
selectmen to call a special town meeting to reconsider the marijuana
business zoning approved by voters in May.
Town Clerk Karen M. LaCroix said she certified 286 signatures on June 20 and selectmen have 45 days to hold the town meeting.
In an interview, Town Administrator Robin L. Craver said she will ask selectmen at their July 17 board meeting to set the special meeting for Aug. 1, which is three days before the deadline.
A group of residents known as Preserve Charlton’s Character as well as Charlton Orchards abutters Gerard F. and Margaret M. Russell are seeking to rescind the May 21 town meeting vote on Article 27, which approved marijuana business zoning and regulations.
In a recent interview, Ms. Russell said the town was better protected from large marijuana businesses siting in residential neighborhoods without local zoning.
“Before Article 27, commercial growing of marijuana was not allowed on agricultural land because state law Chapter 40A, Section 3 passed in 2016,” she said. “Article 27 opens the door to commercial marijuana cultivation basically throughout the whole town.”
Chapter 40A, she said, was amended in 2017 to allow towns to adopt local marijuana zoning bylaws.
“The new bylaw restricts it to agriculture land that’s 10 acres or more with a special permit from the Planning Board. We would then rely on the Planning Board’s good judgement to keep it out of neighborhoods,” she said. “Since 80 percent of Charlton is zoned agriculture, it could perceivably go anywhere. Article 27 just opens up the whole town to commercial growing of marijuana.”
The residents group has been fighting Valley Green Grow’s plan to construct a $100 million marijuana cultivation, sales and research center on Charlton Orchards land, which could grow to be the largest in the state, and possibly the country.
The North Andover company has a purchase agreement on the 94-acre
orchard at 44 Old Worcester Road, owned by the Benjamin family.
When selectmen approved host and development agreements with the company in May, residents railed, saying that they were excluded from the approval process and that the project was too big for the residential neighborhood it would abut. Concerns were also raised about property values, its proximity to schools, and traffic on Old Worcester Road.
Selectmen responded by stalling the agreements, conducting public forums and soliciting citizen input.
In the end, selectmen voted to uphold their agreements with Valley Green Grow. The project is presently undergoing Planning Board site plan review.
Zoning Enforcement Officer Curtis J. Meskus wrote to Valley Green Grow principal Dr. Jeffrey Goldstein in March saying the cultivation plan was allowed by right on the agriculture-zoned orchard land.
Interim Town Planner Bill Scanlan has said the proposal is exempt from the marijuana business zoning adopted May 21 because Valley Green Grow filed a preliminary site plan with the planning office on April 25, thereby locking the orchard zoning.
Although it’s exempt, the plan has prompted residents to scrutinize the zoning they adopted and how it affects future marijuana business applications.
Article 27 amended the town zoning bylaw use regulations by adding a subsection for marijuana establishments to designate the zones in they are allowed. It also set standards and conditions for approving such uses.
Ms. LaCroix noted the bylaw approved on May 21 doesn’t take effect until its approved by the state attorney general’s office.
Town Clerk Karen M. LaCroix said she certified 286 signatures on June 20 and selectmen have 45 days to hold the town meeting.
In an interview, Town Administrator Robin L. Craver said she will ask selectmen at their July 17 board meeting to set the special meeting for Aug. 1, which is three days before the deadline.
A group of residents known as Preserve Charlton’s Character as well as Charlton Orchards abutters Gerard F. and Margaret M. Russell are seeking to rescind the May 21 town meeting vote on Article 27, which approved marijuana business zoning and regulations.
In a recent interview, Ms. Russell said the town was better protected from large marijuana businesses siting in residential neighborhoods without local zoning.
“Before Article 27, commercial growing of marijuana was not allowed on agricultural land because state law Chapter 40A, Section 3 passed in 2016,” she said. “Article 27 opens the door to commercial marijuana cultivation basically throughout the whole town.”
Chapter 40A, she said, was amended in 2017 to allow towns to adopt local marijuana zoning bylaws.
“The new bylaw restricts it to agriculture land that’s 10 acres or more with a special permit from the Planning Board. We would then rely on the Planning Board’s good judgement to keep it out of neighborhoods,” she said. “Since 80 percent of Charlton is zoned agriculture, it could perceivably go anywhere. Article 27 just opens up the whole town to commercial growing of marijuana.”
The residents group has been fighting Valley Green Grow’s plan to construct a $100 million marijuana cultivation, sales and research center on Charlton Orchards land, which could grow to be the largest in the state, and possibly the country.
When selectmen approved host and development agreements with the company in May, residents railed, saying that they were excluded from the approval process and that the project was too big for the residential neighborhood it would abut. Concerns were also raised about property values, its proximity to schools, and traffic on Old Worcester Road.
Selectmen responded by stalling the agreements, conducting public forums and soliciting citizen input.
In the end, selectmen voted to uphold their agreements with Valley Green Grow. The project is presently undergoing Planning Board site plan review.
Zoning Enforcement Officer Curtis J. Meskus wrote to Valley Green Grow principal Dr. Jeffrey Goldstein in March saying the cultivation plan was allowed by right on the agriculture-zoned orchard land.
Interim Town Planner Bill Scanlan has said the proposal is exempt from the marijuana business zoning adopted May 21 because Valley Green Grow filed a preliminary site plan with the planning office on April 25, thereby locking the orchard zoning.
Although it’s exempt, the plan has prompted residents to scrutinize the zoning they adopted and how it affects future marijuana business applications.
Article 27 amended the town zoning bylaw use regulations by adding a subsection for marijuana establishments to designate the zones in they are allowed. It also set standards and conditions for approving such uses.
Ms. LaCroix noted the bylaw approved on May 21 doesn’t take effect until its approved by the state attorney general’s office.
I wonder if anyone from our Administration has contacted Valley Green to see if they would be a good fit here in Templeton.
ReplyDeleteDoubt they have, but someone might............