City of Westfield Planning Board
WESTFIELD – The Planning Board began its discussion on Tuesday of zoning for recreational marijuana establishments in the city, following the opening of the application period for prospective licenses in Massachusetts on Monday. The discussion started with the zoning allowed for medical marijuana in the city (Section 4-90), which is limited to Industrial A, non-residential zoning, with a special permit required for Business B zones.
City Planner Jay Vinskey said the Board could consider a similar regulation for recreational marijuana.
“My concern is that this is a college town. Bars downtown already have trouble on weekends. How will this fold into consumption establishments that are coming next. I would like to see this not downtown,” said Planning Board member Jane Magarian.
Planning Board member Robert Goyette asked whether the board is allowed to establish a specific zone for recreational marijuana, or as they did with medical marijuana, use an existing non-residential zone.
“If you did nothing, it would be like any retail store,” Vinskey said, adding they could write a new regulation, or lump it in with medical marijuana.
Planning Board member Bernard Puza said there could be a limit of no more than 20% of the retail sale of alcoholic beverages, which he calculated would be 17 establishments.
Planning Board member Raymond St. Hilaire said he also favors confining the business to Industrial A zones. Vinskey said some Industrial A is across from Residential A. He said Westfield’s medical marijuana ordinance requires 300 feet distance from residential zones.
Puza asked if it could be changed, to 500 feet from houses of worship, and 1000 feet from schools
“What I’m hearing is, the board doesn’t like the idea of a marijuana establishment downtown,” Vinskey said. He also said for the specialized retail use, downtown would be the logical place.
“What about an opportunity for a special permit for Business B,” Puza said.
“We would only list where it would be allowed,” Vinskey said.
Magarian suggested a by-right use for Industrial A, and the 20% limit.
Planning Board member Cheryl Crowe asked if medical and recreational had to be two establishments, or if they could be combined in one, such as the medical marijuana establishment planning to open on Sgt. Dion Way.
Jay Vinskey, City Planner for Westfield
Vinskey said the medical marijuana establishment could convert to recreational. “You might have to wonder what becomes of medical marijuana,” he added.
Vinskey also made the point that the city can collect sales tax on recreational marijuana, and can choose to adopt a 2.5% local tax. He then asked the board if they like the idea of treating medical and recreational the same, and zoning it for Industrial A.
“I’m not sure I agree with that. You’re limiting too much with Industrial A,” said Planning Board member Philip McEwan, adding, especially with the 2,000 foot circle from schools and residential.
Vinskey said there is quite a lot of Industrial A zoning in the city.
“I don’t have as much desire to limit this,” said Planning Board chair William Carellas. He said he favors the distance from schools, but from a product perspective, as long as people aren’t openly consuming on the premises, not the limitation to Industrial A.
“I just don’t want to be driving downtown and see a flag flying, that’s all,” Goyette said.
St. Hilaire said the ordinance for adult establishments (Section 5-40), hits on the issues they were discussing.
“If you look at the state guidelines, you can’t be too unreasonably restrictive,” said Vinskey. He said if the board followed what they did for medical marijuana, there are high profile Industrial A sites.
Carellas suggested a distance from churches, schools and residential areas. “You can have one downtown, but not five downtown,” he said.
St. Hilaire said ordinance 5-40 says adult establishments can’t be within 1,000 feet of each other.
“Out of sight of residences, and out of sight of downtown core,” suggested McEwan.
Carellas said he agreed with excluding it from the core downtown district on Elm Street.
“Because we can have it, doesn’t mean we should have it,” said Magarian.
“Vape stores are going to line up,” said Planning Board member John Bowen.
McEwan suggested they start with Industrial A and Business B. Bowen asked if they do, do they have established grounds to deny someone.
Vinskey said the medical marijuana ordinance states that the business has to be compatible with surrounding businesses. He summarized the board’s thinking as Industrial A by-right, Business B with a special permit, a 20% of alcohol retailers quota, and no core establishments. He said he would sit down with the Law Department and go over it.
“Ask them if we can limit it to Industrial A,” Magarian said.
Vinskey said they will have to hold public hearings on any ordinance, and it would also have to go to the City Council, before the discussion was tabled.
