Adams Planning Board Debates Marijuana Bylaws
ADAMS, Mass. — The town administrator is advocating for a less restrictive medical marijuana bylaw than the Planning Board is considering.
Planners last week discussed possibly locking any pot dispensaries out of the downtown.
Town Administrator Tony Mazzucco fielded the board's questions at medical marijuana bylaw workshop last Monday.
"We should have a good medical marijuana bylaw that encourages it because it is a good economic generator," Mazzucco said. "Our problem downtown is that there is not enough business and people visiting ... If 30 more people a day visit the downtown that creates more vibrancy.
"At 9 at night, you drive through downtown Adams and it looks beautiful but its empty. At 9 on a Saturday morning and at noon on a Wednesday, it's also empty. We have an empty downtown and we want vibrancy."
The Selectmen recently approved a letter of non-opposition for a medical marijuana dispensary. Although the letter is a small part of the state application process and if approved the dispensary would not open until next year, the interested company, Mission Massachusetts, has shown interest in a downtown location.
By not having a bylaw in place, the town automatically follows state law that mandates that a dispensary is 500 feet away from anywhere children regularly congregate.
Mazzucco said because Adams is so dense, this would make it very difficult for a dispensary to find a location in the town's center. He recommended instead for a 100-foot buffer.
Police Chief Richard Tarsa, however, asked that the Planning Board uphold the 500-foot buffer and force the dispensary to the outskirts of town.
"If you think it's going to bring business it only will for them because they are going to come in and buy what they need and go home," Tarsa said. "They aren't going to stay here and peruse the street ... I am sorry but that is wrong."
Tarsa said one of his main concerns is that when recreational marijuana becomes legal the medical marijuana dispensary would jump at the opportunity.
Mazzucco said if recreational marijuana is the concern the town simply needs to craft a second bylaw that mirrors the medical bylaw with stricter guidelines. He said they could add more steps and a 1,000 foot buffer.
He said if the medical marijuana dispensary decided to sell recreational it would have to go through another application process and according to town zoning, it would be a change of use. This would trigger the recreational bylaw possibly forcing them to comply with the stricter guidelines.
Tarsa said his other concern is parking and feared traffic would flood the downtown because the dispensary would be the "only game in town."
"Putting it on Park Street would be a fool's errand and it will create issues," Tarsa said. "There will be a high increase, no pun intended, of traffic volume."
Mazzucco said that is a good problem to have.
"There is always available parking and we need more people down there so not every other spot is empty," he said. "Any business that can bring in 10, 30 or 40 more people a day is good. The parking issue downtown is that there are not enough people parking."
Building Commissioner Don Torrico said he has been through a few medical marijuana bylaw public hearings in other towns and said he has never met a police chief who accepted a dispensary with open arms.
He added that he did not understand the concern because medical marijuana patients are just like any other patient.
"Many people who have different afflictions benefit from medical marijuana ... they are respectful people not drug addicts," he said. "This is for relief so what is everyone so scared of? You aren't afraid of people coming out of Rite Aid with something 10 times as powerful."
Tarsa said he understood the medical benefits of marijuana but said there are still dangers to the drug if abused. He said people can become addicted and it can lead to other more dangerous drugs.
"You can go through withdrawal symptoms maybe not as bad as other things but there can be a withdrawal period," Tarsa said. "I have attended seminars on it ... there are long-term effects and it is an addictive drug. It's not a stigma it is a reality."
He added from an enforcement side "there are no tools in the tool box" yet to determine if someone is operating a vehicle under the influence.
The board tossed around different ideas for the bylaw and Mazzucco noted that they can't be restrictive of medical marijuana dispensaries and the use of any obstructive wording that singles out a dispensary could open up the town for court action.
"This is a human rights issue so we can't call them dangerous or a nuisance. It is legally allowable, we can't discriminate," he said.
He said any restrictions need to be applied to all similar businesses — he told the Planning Board to essentially think of a dispensary as a pharmacy.
Mazzucco said for example if the planners wanted to make it illegal to rent out an apartment above the dispensary, it would be best to make this apply to all similar businesses such as a convenience stores.
Board member Barbara Ziemba asked if the buffer should also take into account churches.
"They go to church and they go home the people buy their marijuana and leave," she said. "Same thing with a liquor store. They get what they need and go home, they don't stand in the parking lot and drink – I don't see what the fuss is, it's not like church is 24/7."
Mazzucco agreed and said because of the abundance of churches in town it would be hard to open up a dispensary anywhere
"We are still shedding off our puritanical skin ... what's the harm?" he said. "Are people not going to go to church because a dispensary is close by? Are they going to start worshiping the devil? I don't think a dispensary will hurt the church."
Board member Sandra Moderski suggested they do both bylaws at once and get it over with so they do not have to revisit.
Mazzucco said to lump both into one bylaw would likely be shot down by the state and could open the town up for liability. He said it will not take long to form a recreational bylaw because it will essentially mirror the medical one, just be stricter.
The board agreed to hold another workshop and once it finalizes a draft, hold public hearing.
Tags: bylaws, marijuana dispensary, medical marijuana,
