SOUTHWICK – The Planning Board will continue a public hearing tonight on a request to grow medicinal marijuana in town.
Paul Dellatorre owns property with several greenhouses once used to grow roses at 27 Hudson Drive. He is seeking approval to lease the space for marijuana growth.
Attorney Richard. M. Evans represents Dellatorre and spoke on his behalf at the original hearing last month. Evans said Dellatorre is not interested in growing pot himself, but has been approached by others.
“We are not looking to be a dispensary at 27 Hudson Drive,” Evans said. “We are not doing a retail dispensary.”
He added that Dellatorre does not want to “go into the business” of marijuana.
Planning Board Chairman Douglas Moglin said the biggest problem he has with issuing a special permit for the site is that growing marijuana is still against the law.
“The largest issue here is, if we issue a permit, is it going against federal regulations,” said Moglin.
Although Massachusetts voters – including those in Southwick – approved medicinal marijuana use at the polls, federal laws against it remain intact. Evans said there is a movement to change those laws, but it is a slow process.
“If we wait for the feds, we’ll wait forever,” said Evans. “I urge you to disregard the federal law. The federal law is not infallible.”
Moglin said he disagreed with that.
“This board is not free to render any decision it wants,” Moglin said. “It has to pass muster.”
Some board members expressed concern that business owners – or board members – could be arrested if a permit is issued and a growing business opens. Moglin and Evans said they did not believe that would be the case. There are marijuana businesses being shut down in other states, however.
At the August hearing, Police Chief David Ricardi spoke against the special permit, noting that the high school and public library are in close proximity to Hudson Drive.
Evans said while they are nearby, they are more than 1,000 feet away and the regulations he has seen require a 500-foot buffer.
Resident Joyce Zippie spoke in favor of the use of the property.
“Marijuana has been grown in the corn fields and tobacco fields as long as I’ve known,” she said. “I’m against it and I voted against it.”
Zippie said despite her personal feelings on the subject, because voters passed the question, she believes a local property owner should have the right to profit from the business.
Meanwhile, last month state health officials released a list of 181 applications they received from groups hoping to open medical marijuana dispensaries.
The applicants will be competing for a maximum of 35 licenses allowed.
The list released by the Department of Public Health includes the preferred county in which the applicant hopes to operate. Middlesex had the most applicants with 47, followed by 21 in Suffolk County, 19 in Plymouth County and 14 in Worcester County and 13 in Hampden County.
Applicants are not required to name a specific city or town in the first phase of a two-part application process.
Some groups submitted multiple applications in one or more counties.
Massachusetts hopes to begin awarding licenses by the end of the year.
The Southwick Planning Board will meet tonight at 7 p.m. at Town Hall in the Land Use Room. The 27 Hudson Drive hearing continuation is scheduled for 7:30 p.m. Also on the agenda are a public hearing on a proposed Congamond Road solar array, an adult day center continuation, and a decision on excavation on Shaker Road, among others items.
