Business

City pushes back on zone change request to allow marijuana retailer

Jay Vinskey, Westfield Principal Planner, looks at an image projected on an overhead screen at Planning Board meeting.

WESTFIELD – Kimberley Betts came before the Planning Board on Tuesday and the City Council on Thursday, seeking a change in zoning for 14 Coleman Avenue from Business B to Industrial A. The property had previously been zoned as Industrial A, but had changed approximately eight or nine years ago, according to Betts, seeking tenants zoned for Business B. Betts said those tenants never came, and owners now want to change back, in conformance with abutting businesses.
On Tuesday, Planning Board member Philip McEwan said he could understand why they changed it before, because they had a tenant lined up, and the property had been vacant. He said prior to that time it had been a woodworking shop, which is zoned Industrial A.
Planning Board chair William Carellas said he was “not jumping up and down” with the zone change request, because Industrial A goes to retail marijuana; although he said he understands their plight.
Betts said there is a retail marijuana shop interested in the location. She said the company, who she identified as Ganesh Wellness, working with an individual from Colorado, would have to come before the Planning Board for a special permit because the site is within 300 feet of a residential area.
Betts said everything else in proximity is zoned Industrial A with the exception of a gym.
Carellas said the Planning Board’s role was to make a recommendation to the City Council. Member Cheryl Crowe moved for a negative recommendation, due to the proximity to residential neighborhoods and schools, and because the change would allow for recreational marijuana. The negative recommendation passed unanimously.
During the public hearing at Thursday’s City Council meeting, Betts presented the zone change request. Betts said they changed the zoning to Business B when they went in with another owner on the property, who felt it would allow more business uses.
She told the City Council the plan did not work out, and they were seeking to return to Industrial A.
Speaking in favor of the zone change, City Advancement officer Joe Mitchell said the property was next to 73 acres zoned Industrial A, and would allow for business expansion.
Carellas then came forward to speak in opposition to the proposal. He told the City Council that the Planning Board had unanimously voted on a negative recommendation, because of the site’s proximity to schools, rail trails and a residential neighborhood. He said Industrial A zoning now allows marijuana retail establishments. He said the Planning Board was opposed.
Betts acknowledged that the Planning Board had a legitimate concern, but she said if a marijuana establishment were to try to come in to the location, they would have to come before the Planning Board for a special permit due to the proximity to residences.
With no more comments, City Council president Ralph J. Figy closed the public hearing. At-large Councilor Nicholas J. Morganelli, Jr. said the zone change proposal was already in the Zoning, Planning and Development sub-committee for review.
On Tuesday, the Planning Board also discussed a possible amendment to the marijuana buffer zone. Member John Bowen said he would propose not allowing a marijuana facility within 500 feet of a park. He said the City of Westfield has 39 parks listed on its website. He said some are memorials, such as the 9/11 memorial, which is listed as a park.
City Planner Jay Vinskey said they have to work with the zoning ordinance’s definition of a park, which is loosely designed as land for recreational uses by the general public. He also said previously the Law Department said they couldn’t go beyond state limitations on distance.
Carellas said he liked the motion, and added that there are not too many parks near Industrial A zoning. The Planning Board voted to send the proposal to limit marijuana facilities within 500 feet of a park to the City Council for consideration.

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