WHATELY — Questions about whether the Planning Board is too stringent on where marijuana can be grown and sold are being asked by Selectman Jonathan Edwards, headed into Tuesday’s annual Town Meeting.
At a public hearing to discuss proposed marijuana bylaws, Edwards, who did say the board did a “great job” and recognized its extensive work on the bylaws, said, “It strikes me we’re treating marijuana cultivation different than we are treating raspberries or other produce.”
Edwards pointed to Nourse Farms and instances in which they could farm on longer stretches of road and closer to the streets than what is being crafted in the town’s marijuana bylaws, which will be voted on Tuesday.
He pushed for marijuana to be treated like other crops, even though the state is not treating it like typical agricultural products and instead is to be regulated and sold in similar ways to alcohol.
“We are more interested in getting this bylaw passed than we are treating marijuana equally with alcohol,” Planning Board Chairman Don Sluter said.
Edwards argued the proposed bylaws are too restrictive for farmers in town to make a legitimate profit, even though the board said it designed the regulations to favor them.
“We’re mostly a small farming community but the small farmer won’t have equal access to the economy,” Edwards said.
An unidentified individual who claimed to represent larger growers from outside the county, said, “You’re not going to get anybody into Whately,” other than craft growers.
“We’re thinking about craft cultivators for our farmers,” said Judy Markland, the board member primarily responsible for drawing up the bylaws, adding the regulations could allow for a cooperative group to run several smaller-scaled growing facilities in town, similar to how Cabot Creamery Cooperative works.
Markland said the board’s desire is to find a way to make these bylaws both welcoming to local businesses and potentially a couple corporate ones, but also preserving the character of the town.
“We’ve tried very hard to come up with something in the middle, which means like most compromises, it’ll be a little tough,” she said. “This is a new business. We’ve done our best.”
A couple residents pushed to make sure the bylaws don’t encroach on their personal property. One sticking point is current existing greenhouses being a place that, with a special permit, could be turned into a place to grow a small amount of marijuana. Concerns arose over lighting, smells and privacy, since growing facilities need to have night cameras for security purposes.
There is also some question over enforcement that growing facilities, likely be housed in existing tobacco barns or in greenhouses, will keep up with building code. All operations will require special permits and will need to be renewed every five years. The building inspector will enforce any residential issues, the board said.
In an effort to capitalize on this new potential business, the board also put forward in its bylaws a green energy-forward thinking initiative. “We’re going to try our best to get at least 50 renewable energy, wind or solar, on any site where it’s feasible,” Sluter said.
If the bylaw does not pass at the Town Meeting, an article for a moratorium will be proposed.
“This is like a security net for the town,” Planning Board member Nicholas Jones said.
The moratorium will put on hold any recreational marijuana facility until June 1, 2019.
The board will push forward its proposed bylaw, which will be presented with an amendment based off of input from the public hearing. While the bylaws written for state facilities need a 50-foot setback, the amendment will state, “except marijuana retailers shall have a minimum 20-foot setback from rear/side yard property lines.” This was added to reflect how some buildings that could consider this business don’t necessarily have those 50-feet setbacks.
“The state has given us the opportunity to try to put together an intelligent package,” Markland said. “We believe we have quite a generous package.”