Chicopee Planning Board Rejects Proposed Medical Marijuana Dispensaries Regulation

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Concerned that a proposed zoning ordinance regulating medical marijuana dispensaries is too restrictive, the Planning Board has rejected the plan and recommended changes.

The proposed ordinance created by the City Council would allow the dispensaries only in commercial zones and 1,000 feet from any school, day care, correctional facility or rehabilitation facility. It also would not allow a facility within 300 feet of a residential district and 500 feet from a church, park or youth center.

The Planning Board recommended the ordinance be changed to allow business and industrial areas and reduce the restrictions from the 1,000 feet from a school or correctional facility to 500 feet. The City Council has the final say on adopting any ordinance.

"I was concerned by the distance restrictions," said Elin A. Gaynor, the board chairwoman. "I don't believe the zoning can be so restrictive that you can't locate it here."

After voters approved medical marijuana in a statewide referendum vote in November, Attorney General Martha M. Coakley ruled towns and cities cannot ban dispensaries for medical marijuana, but can adopt measures to regulate or postpone them.

The law currently permits up to 35 dispensaries across the state, but final regulations on them are still being worked out by the Department of Public Health. The dispensaries also must grow their own marijuana.

In examining the proposal, City Planner Catherine L. Brown drew a map measuring distances from schools, day care centers and residential areas to find out where marijuana dispensaries would be allowed.

She said she found a small portion of private property on Fuller Road where they would be permitted but even much of that is in a floodplain. Remaining property where they would be allowed included the landfill, a wetland area, and a riverbank, all spots where a dispensary could not be built.

"When you apply this it is too restrictive and it won't be allowed," said James Dawson, planning development manager.

By creating an ordinance that would not fit state law, it could be rejected, leaving the city with no regulations for dispensaries.

But when unveiling the original ordinance, several city councilors said they were opposed to the law entirely and did not want to see a dispensary in the city.

"It may be so tight it may not be able to go anywhere in the city," said Councilor James K. Tillotson, who proposed the original ordinance.

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Website: Chicopee Planning Board rejects proposed medical marijuana dispensaries regulation, calling it too restrictive | masslive.com
 
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