SOUTHWICK – Plans for a medical marijuana cultivation business at 27 Hudson Drive went up in smoke this week after it failed to have the required number of affirmative votes from the Southwick Planning Board for a special permit.
Although board members Roz Terry, Robert Johnson and alternate David Sutton supported the special permit request, and just two members – Douglas Moglin and Richard Utzinger – voted against it, a super-majority vote was required.
A super-majority means that the vote required to approve is greater than the simple majority of 50 percent plus 1. Whether a super-majority is required is determined by a variety of statutes pertaining to such decisions as special permits, and variances. The exact number required can vary according to the number of board members. For example, a three member board may need all three votes to achieve a super-majority, whereas a five member board may only need four out of the five.
The special permit was requested by Paul Dellatorre, owner of the property that was formerly a rose growing business. He hoped to lease the space to Hampden Care of New York, a non-profit organization that is in phase two of the application process for opening a medical marijuana dispensary in Massachusetts.
Thomas and Peter Gallagher, Hampden Care board members, attended the hearing Tuesday night and have said that approval for a growing operation was part of the process. They had hoped to receive approval from Southwick prior to the Nov. 21 application deadline.
A slightly revised site plan was presented Tuesday night by architect Robert Levesque. The plans included using the existing greenhouses.
The plan offered a detailed narrative of the proposed use of the property, including use of space and plans for lighting, security and more.
Peter Gallagher explained how the operation would work.
“The cultivation begins in the cloning room and when the [plants] reach a certain level, they’re potted,” said Gallagher. “After a month, they’re put in the flowering room. Once they are grown, they are taken into the trimming room.”
The cultivation includes a baking process. Terry wanted to make sure that was included in the plans so that the special permit, if issued, was as accurate as possible.
Gallagher was asked about any smell that could escape during the process and he said filters would be installed so that there was no odor released into the air. Gallagher added that this was not a requirement, but was done in the spirit of being “a good neighbor.”
The proposed hours of operation are 7 a.m. – 7 p.m., with employees and a security guard on site during business hours. After hours, Gallagher said there would be a caretaker.
The board asked if there was a requirement to have a security guard versus a caretaker. Gallagher said there was not and said in addition to being staffed 24-hours a day, there would be two camera security systems, one of which would be directly linked to the Southwick Police Department.
Town Planner Alan Slessler met with the police, fire and health departments last week and letters were submitted from Health Inspector Thomas Fitzgerald and Police Chief David Ricardi.
Fitzgerald’s letter was addressed to the state and questioned some of the processes at the state level. Ricardi, who said he did not support the requested use of the property at a previous hearing, wrote that he still was “not in favor of the location.”
Ricardi also said that after reviewing the site plan, he felt the security measures outlined by Hampden Care would “meet the needs” of the facility and community and that they would “be good neighbors.”
During the hearing Tuesday one resident spoke out against the special permit request.
“When I hear the term medical marijuana, I get turned off,” said Ronald Sena of Feeding Hills Road.
Sena said he was not concerned with the location so much as the operation itself.
“As a citizen of Southwick, I know there’s a lot more things that could grow that I approve of,” said Sena.
Board Chairman Moglin instructed the board to look at the situation from the point of view of it being an appropriate use of the land. The board discussed the direction, or lack thereof, from the state on the topic and noted that many communities approved a moratorium on medical marijuana requests until the state regulations were complete.
