HADLEY — In a reversal of an August decision by the Planning Board, Hadley’s first medical marijuana dispensary has been approved for a site on Route 9.
The Planning Board voted unanimously Oct. 4 to issue the special permit for the Happy Valley Compassion Center at 457 Russell St., said William Dwyer, the board’s clerk .
Although the board originally voted 3-2 on Aug. 2 in favor of the application, the special permit needed four votes for approval. John Mieczkowski and Joseph Zgrodnik, who voted against it, at the time expressed concern that the site, a former Sunoco gas station, was within 500 feet of a neighboring property being converted into the Hampshire Mosque.
Representatives of the mosque wrote a letter to the board stating that in the future it may be considered a place where children congregate.
State law requires a 500-foot buffer zone between medical marijuana dispensaries and “any facility in which children commonly congregate.”
In a letter to the board from attorney Joel Bard of Kopelman and Paige, Bard wrote that the decision should be made based on what currently exists at the site, not what might happen in the future, Dwyer said. He added that the former Adventure Outfitters is still a construction site as it is being converted into a mosque and other retail uses.
In addition, state regulations do not define toy stores and ice cream stands as places children congregate, so the Friendly’s restaurant at 455 Russell St. would not prevent the medical marijuana dispensary.
Dwyer said he had 90 days to file the original decision with the town clerk, but opted not to because of the uncertainty of the board’s action, and direction from Bard. This allowed the board to reconsider the vote on its own, rather than having the applicant, which is based in North Easton, file an appeal.
The Hadley operation is the third medical marijuana dispensary approved in Hadley and Amherst. Mass Alternative Care, Inc. of Springfield received Zoning Board of Appeals permission to locate at 55 University Drive, a former restaurant site in Amherst, and GTI-Massachusetts NP Corp. of Chicago got approval for a dispensary at 169 Meadow St., also in Amherst, which has served as the home of Kimballs Auction and Estate Services.
Two other medical marijuana companies that have received letters of recommendation from the Amherst Select Board and have entered into host agreements with the town are MassMedicum Corp. of Easton for a new building at 85 University Drive, and Happy Valley Ventures MA Inc. of Newton, for the site of the current Rafters at 422 Amity St.
But Amherst Planning Director Christine Brestrup said Tuesday that no applications have yet been submitted by these companies and no Zoning Board hearings are scheduled.
Scott Merzbach can be reached at smerzbach@gazettenet.com.
