Pittsfield Board: Dalton Ave. Site 'Great Spot' for Medical Marijuana

By Andy McKeeveriBerkshires Staff
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Attorney Syd Smithers asked for the Community Development Board's support when his client, Total Health and Wellness, seeks a special permit to open a medical marijuana facility.

PITTSFIELD, Mass. — The state is requiring much tighter security on a medical marijuana distributor than any other pharmacy.

But, Total Health and Wellness Inc. is prepared to meet those standards in a reuse of a Dalton Avenue building.

And on Tuesday, the Community Development Board was happy with the planned reuse of the building.

The Community Development Board is forwarding the application to the Zoning Board of Appeals with a positive recommendation.

"It's a great spot. It's away from schools. I see no problem," said member Louis Costi, adding that the site currently housing County-Wide Rentals could be redeveloped into a far more intrusive car dealership by right.

Attorney Syd Smithers, of the firm Cain Hibbard & Myers, outlined the operations of the redeveloped building. Smithers said about 4,800 square feet will be used for cultivation while 1,500 square feet will be for retail operations.

The company is working with Medbox Inc. for the creation of an automated distribution computer, which will read the patient's prescription and distribute just that amount. Then, it will automatically report that distribution to the state Department of Public Health.

The company is one of two applicants that have filed second phase applications for approval with the state.

"It is a safe and secure means of dispensing medical marijuana and according to our clients, a state of the art method of doing so," Smithers said.

However, getting to that point requires a registration card. The machine is behind a controlled sally port, or vestibule.

"You can't get into the building without a registration card and the registration card will have a finger print on it. You can enter a sally port after showing your registration card and explaining the reasons you are there," Smithers said.

The company's representatives said the building will need to be highly secured.

Meanwhile, the entire site will be monitored by infrared cameras and alarms. Any time the marijuana is handled by either patients or employees, it must be done while being filmed and that video stays on file for at least three months, he said.

"The provisions required for security by CMRs probably exceed that of a pharmacy dispensing OxyContin," he said.



The state also requires any medical marijuana facility to be 500 feet away from a school but the city's own ordinance doubles that. The 531 Dalton Ave. site meets that requirement.

Engineer Matthew Puntin said the facility would not have detrimental affects on sewer, water, storm water runoff or traffic.

"This is a low-traffic generator," he said. "We estimate at the most, we need 13 parking spaces and we have 14."

The company is estimating between 30 and 50 customers per day, which added to the employees, will only create a maximum of 120 trips a day, he said, a small number compared to the 18,500 trips made on Dalton Avenue every day. For those cars entering and leaving, there is plenty of sight distance, he said.

The site is already connected to city and water systems but usage shouldn't be significant, he said. The cultivation will require about 1,500 gallons a day, he said, and very limited sewage will be added to the system.

As for storm water drainage, there isn't much the company can do to the already developed site, he said. But, it will be adding grass and trees in its landscaping, which reduces the impervious surface by 1,200 square feet.

Puntin added that the parcel is located in the 100-year flood plain, so the company cannot add fill to the site and will need approval from the Conservation Commission.

With Community Development's approval, the plan will now move to the Zoning Board of Appeals. The state is only expected to issue approvals early in 2014. Manna Wellness is also seeking the Department of Public Health license and is planning an all-new facility. Manna Wellness has not sought city permits yet.


Tags: community development,   medical marijuana,   

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Pittsfield Kayak Kiosk Proposal Withdrawn After Pushback

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — It is the "end of the road" for a kayak kiosk proposal after pushback from community members and the City Council.

Whenever Watersports has withdrawn its proposal for a kayak rental program at Onota Lake. Safety concerns arose around the company's self-serve model though it was stipulated that users sign liabilities away with a waiver as part of the process.  

"It's unfortunate. I had hoped the outcome would be different and I think (Recreation and Special Events Coordinator Maddy Brown) and you as well thought this was an opportunity to provide an additional level of services, recreation opportunity to folks at the park through a modern-app-based system," Park, Open Space, and Natural Resource Program Manager James McGrath said to the Parks Commission on Tuesday.

"It would have cost the city nothing to have this sited. We wouldn't be responsible for any maintenance but there would be maintenance to the units and to the boats, etc. Everyone was going to get life preservers and there are instructions through the app so we thought it was it was safe and secure and a good fit for the park."

In December, the commission granted a request for the pilot program and City Solicitor Stephen Pagnotta had been reviewing and revising a proposed contract that had not yet been approved. Last week during City Council, residents Daniel Miraglia and Gene Nadeau submitted a petition requesting a legal opinion on the proposal from the solicitor.

Miraglia expressed concerns about the lack of a bidding process, safety hazards, and the impact on a local business that rents kayaks on the lake. Onota Boat Livery owner Caryn Wendling was upset to hear that an out-of-town company would be allowed to operate the kiosk on the same lake as her business and also cited safety concerns.

Councilors asked that Pagnotta look into items such as the commission's authority with entering into contracts and if a bidding process would be needed for this.

Later that week, a request to the Conservation Commission for determination for the kiosk at Burbank Park located within the buffer zone associated with the inland bank was withdrawn. According to the application, it was proposed to be located before the beach area coming from the main parking lot.

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