Paul Dellatorre, in forefront, is seeking a special permit from the Southwick Planning Board to lease his property at 27 Hudson Drive as a marijuana growing operation. His attorney Richard M. Evans is seen in the background during last night’s public hearing. (Photo by Hope E. Tremblay)
SOUTHWICK – The Southwick Planning Board continued a hearing for a special permit last night for a marijuana growing facility at 27 Hudson Drive.
The property owner, Paul Dellatorre, ran a rose-growing business there for 17 years. He and his attorney Richard M. Evans first presented a proposal in August, which was continued to last night.
Dellatorre plans to lease his property, including several greenhouses, and representatives for the potential lessee, Hampden Care, attended the meeting yesterday. Thomas and Peter Gallagher, board members of Hampden Care, and their attorney, Steven Reilly of Springfield, answered a few questions for the Planning Board and audience members, mainly whether or not they need approval from the town to move forward with their bid to open a marijuana cultivation site.
One of the state regulations Moglin asked about last night was the requirement for a marijuana cultivation business to be part of a dispensary. Gallagher said that would be the case here, adding that Hampden Care is currently looking at several dispensary locations, none of which would be in Southwick. Although the regulation requires the growing and dispensing of medical marijuana be part of the same company, it does not require them to be in the same location.
Board Vice Chairperson Roz Terry asked why they were seeking approval for use of the site now, without a site plan.
“Why do they need this now?” she asked. “Do they need this to get approval (for a dispensary)? I feel like you’re trying to get a nod from us.”
Evans said it made no sense to go through the expense of a site plan if the town would not approve a special permit. The Gallaghers, however, indicated they would do whatever the board asked.
“We understand the importance of community support,” said Peter Gallagher. “I’d be surprised – without the approval of a special permit and site plan – if they would approve an application.”
The Gallaghers are father and son out of New York City. They said they are awaiting word from the state that their dispensary application passed the first phase and have been given the green light to move to the second phase of applications.
Although Evans said the potential lessee did not want to incur the cost of a site plan, Reilly said that they would, in fact, have a plan for the board to review.
“If that’s what the board requires, my clients are willing to do that to provide that comfort,” said Reilly.
Chairman Douglas Moglin said no one on the board would argue that an appropriate use of the land was agriculture. Evans said that is all they were asking for.
“There is no question horticultural use is allowed,” Moglin said. “But we need to see a site plan.”
Moglin said the board has never issued a special permit without a site plan review or given its approval with conditions, and it was not something the members were willing to do.
Terry said that because it is such a new thing, regulations are still being created and changed. She said the board just wanted to review the site plans and make sure they were within the regulations as far as setbacks, security, and other concerns.
Moglin said last month he had concerns about considering a special permit for a business still deemed illegal by the federal government, despite the passing of state laws allowing medical marijuana.
Evans said the feds are slowly coming around and cited a report issued last week that reflects changes in federal opinions and laws.
Despite 75 years of federal marijuana prohibition, the Justice Department said last Thursday that states can let people use the drug, license people to grow it and even allow adults to stroll into stores and buy it — as long as the weed is kept away from kids, the black market and federal property.
In a sweeping new policy statement prompted by pot legalization votes in Washington and Colorado last fall, the department gave the green light to states to adopt tight regulatory schemes to oversee the medical and recreational marijuana industries burgeoning across the country.
The action, welcomed by supporters of legalization, could set the stage for more states to legalize marijuana. Alaska could vote on the question next year, and a few other states plan similar votes in 2016.
The policy change embraces what Justice Department officials called a “trust but verify” approach between the federal government and states that enact recreational drug use.
In a memo to all 94 U.S. attorneys’ offices around the country, Deputy Attorney General James Cole said the federal government expects that states and local governments authorizing “marijuana-related conduct” will implement strong and effective regulatory and enforcement systems that address the threat those state laws could pose to public health and safety.
“If state enforcement efforts are not sufficiently robust … the federal government may seek to challenge the regulatory structure itself,” the memo stated. States must ensure “that they do not undermine federal enforcement priorities,” it added.
The hearing was continued to Oct. 1 at 7:15 p.m. for a site plan review.
