Pittsfield ZBA Says No to Downtown Cannabis Shop
PITTSFIELD, Mass. — The ZBA doesn't want marijuana shops downtown.
"What I am seeing is that the board tends to not want a presence downtown," said Chairman Albert Ingegni moments after the board voted to deny a permit for a retail shop in a currently vacant storefront on Bank Row.
David and Daniel Graziani had proposed a small retail shop in the space next to Patrick's Pub. The brothers planned to have 1,100 square feet of retail space on the ground floor and use 1,320 square feet in the leased basement for storage and office space.
There would have been film obscuring the window so people couldn't see the product inside, which is required by the state, and they had been negotiating with nearby businesses for parking for the 10-12 employees — a concern city staff raised fearing added congestion to the already busy downtown area.
Officials from the nearby Berkshire Probate and Family Court wrote to the Zoning Board of Appeals raising concerns about the location. The court asked the board to reject the application, writing children are in the courthouse on a daily basis and that it works with families and children.
ZBA member Miriam Maduro said the downtown is "family oriented" and she has a problem with a marijuana shop fitting in there. She added that many who are dealing with probate and family court are coming in with substance abuse problems.
"I think one of the criteria we have to examine is the character of the neighborhood. The courthouse, the library, the high school, the skate park, the museum, are all family-oriented businesses and I don't think this fits," she said.
Daniel Graziani said children won't be able to see in and that staff will be at the door ensuring all who enter are age 21. He added that the shop meets the zoning regulations as outlined — which includes setbacks from schools and parks.
The ZBA has some subjective criteria it can use to evaluate a project and make a determination whether or not a special permit should be issued. Despite the general guidelines crafted, all projects still need the go-ahead from the ZBA and the character of the neighborhood is a factor the board can use.
ZBA member John Fitzgerald voted in the Grazianis' favor, questioning how far the board should go when limiting such shops.
"Where do you stop and where do you begin as far as controlling public flow?" he asked.
He said parents are accompanying children to the probate court or the museum. He believes it should be the parent's responsibility to educate children. He questioned if the board's stance would eventually lead to the desire to put up signs warning parents there is a restaurant serving alcohol or a cannabis shop upcoming to protect their children.
Daniel Graziani said putting his store in the downtown will allow the brothers to lead by example. He said the location sends a message that the industry is not as dangerous as it is made out to be.
"It is arguably less dangerous than alcohol or fast food," he said.
Yet, in a 3-2 vote, Grazianis' plans for a retail establishment was denied. It is the second proposal for downtown to be rejected. A project proposed on North Street was withdrawn when the city determined it was too close to the Adult Learning Center and therefore didn't fit the required setbacks from a school.
Another set of brothers, however, did get approval for a shop on Merrill Road. Nathan, Ben, and Nick Girard are planning Bloom Brothers between the Sunoco gas station and Laurel Street. It has been kicking around the permitting process for a month as the Community Development Board and the ZBA wanted design changes.
But on Wednesday, the retail establishment received its special permit approval.
That project also saw opposition, too. Ward 2 Councilor Kevin Morandi said the shop would create too much of a traffic hassle. An owner of multiple rental units said the tenants there have children and questioned if the spot was the right location.
Traffic on the small roads there has already been increased because of the Spectrum methadone clinic moving to the area — interestingly a business that was originally denied a permit to open downtown but ultimately won a court settlement to do so. It later moved to Merrill Road.
"There is a lot of traffic there anyway. I don't think that will make any difference," said ZBA member Howard Siegel, noting the gas station as the adjacent property.
The city has seen an increased interest in opening such establishments and a number of permits have been approved. However, all of the special permits issued are contingent on state approval. Not all of the local projects with local approval will actually come to fruition.
Tags: ZBA, marijuana,
