Pot Dispensary Local Hurdles Cleared

55 University Drive:  From wings to medical marijuana

Mass Alternative Care became the first of four competing medical marijuana dispensaries to receive their Special Permit from the Amherst Zoning Board of Appeals on Thursday night, with some conditions that they will no doubt meet.

Their facility is located at 55 University Drive, the former location of the Hanger Pub & Grill (who moved across the street), and they will share the building with Hospice Care thrift shop.  

Mass Alternative Care was second to acquire their Letter of Support from the Amherst Select Board and second to apply for their Special Permit with the ZBA.

169 Meadow St RMD site for GTI

The 3rd company to gain Select Board support, GTI, is proposing a dispensary at 169 Meadow Street in North Amherst, but they were first to appear before the ZBA.   Their Special Permit hearing, however, was continued to July 21st.

Their attorney, Tom Reidy, thought the reason Mass Alternative Care got their Special Permit in only a one night hearing is because they already have their Provisional Certificate of Registration with the Department of Public Health, something his clients will have by the their next appearance before the ZBA.

 Rich Slobody (maroon shirt) APD Chief Scott Livingstone (back left)

In the audience Thursday night, besides attorney Reidy, two other stakeholders from other pot dispensaries watched the proceedings:  Rich Slobody, who is building a 2,000 square foot facility at 85 University Drive for MassMedicum, who was the first non profit to garner Select Board approval.

 85 University Drive under construction for MassMedicum

 Attorney Tom Reidy (back left) Mass Alternative Care CEO Kevin Collins (front left)

And Jerry Jolly who owns Rafters (the business but not the building) at the corner of University Drive and Amity Street which was the 4th location to receive Select Board approval.

 Rafters has been a local landmark for 25 years proposed site for Happy Valley Ventures

Happy Valley Ventures would demolish the current building and perhaps build an additional building on the property but seems to have no plans to keep Rafters on site.

If Mass Alternative Care now goes on to acquire a state license they plan to commence cultivation in November and start selling the medicinal products in Amherst by July, 2017.

The ZBA must make a determination that a facility "meets a demonstrated need" thus the 4th entity to go before them could find the need has been met by the previous three.

Temporary Town Manager Peter Hechenbleikner told the Select Board Amherst's medical marijuana market is estimated at $10 million annually, and could generate $250,000 to the town via Host Community Agreements.

A voluminous winning proposal (must have been the aerial cover shot)

Obviously if Massachusetts voters pass the referendum question on November 8th to legalize recreational use of marijuana, the Amherst market e-x-p-a-n-d-s exponentially. 

Marijuana Gold Rush

Rafter's property still needs a ZBA Special Permit for medical dispensary

If the medical marijuana market in Amherst is considered to be $10 million annually anyone want to venture a guess what the market in our little college town will be for recreational pot?  Yikes!

One sudden turn of events that has caught town officials by surprise is the aggressive timetable for implementing the successful November 8th ballot question which passed handily statewide and was overwhelmingly supported by Amherst voters by a 3-1 margin.

As of Thursday pot will be legal to possess or grow for personal use.  So if you see grow lights glowing all night long at your neighbor's house maybe they will share the bounty of their indoor crop which will also be legal to do.

 85 University Drive.  1st to get SB approval but still needs Special Permit

Commercial sales however will be as regulated as medical marijuana, but if those regulations are not in place by January 1st, 2018 medical marijuana dispensaries will be given a free pass to start selling the product to anyone over the age of 21.

Amherst has two facilities that have garnered both Select Board approval and a Special Permit from the Zoning Board of Appeals for medical marijuana.

Another two have the Select Board letter of support but have not yet gone before the ZBA for a Special Permit hearing, probably because ZBA Chair Mark Parent telegraphed at the 2nd hearing that he thought two permits should be the quota for medical marijuana.

But now that medical dispensaries are being given priority treatment as future providers of recreational pot that suggested quota just went out the window.

 55 University Drive received Special Permit from ZBA on June 30th

Last night the Select Board discussed the situation and briefly considered calling for a moratorium on issuing permits or letters of support for recreational pot facilities but they don't want to interfere with medical marijuana licensing, which have now become hopelessly intertwined. 

Town Manager Paul Bockelman will draft a letter to state officials describing some of the unique challanges facing Amherst, a college town with the lowest median age in the state, and the Select Board will review it next week.

169 Meadow Street, N. Amherst received Special Permit July 21st

Meanwhile, starting this Thursday, smoke 'em if you got 'em.  Just don't drive under the influence (not that the state has a reliable test for that).

Having three dispensaries located on University Drive has UMass officials concerned

Build Baby Build

5.79 acre property currently used as farmland and pays almost nothing in annual taxes

Concept plan for 29 townhouses, 58 parking spaces on 5.79 acres (2.3 acres of it non buildable wetlands)

The Planning Board was in an agreeable mood last night for construction as they unanimously supported three projects all involving residential housing.

Although the major one involving, gasp, student housing still has to meander through the minefield of Town Meeting which previously voted down the idea.

Rezoning the 5.79 acre property on University Drive from Office Park to Business Limited would allow the construction of 29 townhouse apartments and increase tax revenues to the town from the current under $100 to upwards of $150,000 -- or more than enough to hire a few more Public Safety personnel.

 Unhappy crowd -- mostly neighbors -- spoke against the rezoning

The business neighbors to the south (an office park and The Arbors assisted living community) were adamantly opposed to the project, as was the owner of 55 University Drive directly across the street, which was recently approved for a medical marijuana facility.

The Planning Board also discussed amending the current medical marijuana bylaw to say no such facility can be within 300 feet of existing residential.

That way it would allow a residential project to be constructed after a medical marijuana facility has opened.  Or in this particular case, if 55 University Drive does become a medical marijuana dispensary the 29 townhouses could still be built across the street.

Current wetlands have been delineated to the satisfaction of Conservation Commission

Critics all cited the problems with water runoff, which the applicants said they would address by installing a larger pipe for drainage.

And the Planning Board pointed out no matter what goes on that property -- even with current Office Park zoning -- there would be conditions set to ensure the drainage problem is mitigated.

 Attorney Tom Reidy presents to a receptive Planning Board last night

The (required) public hearing lasted only 45 minutes and the Planning Board simultaneously closed the hearing and voted on whether to recommend this article to Town Meeting.  That vote was unanimously affirmative.

Building Commissioner Rob Morra feels because of all the requirements University Drive is only place in town for a medical marijuana dispensary

Meanwhile (this morning):

Security fencing is being erected all around the Carriage Shops in preparation for demolition.  One East Pleasant Street is finally going to commence.

Asbestos abatement will happen first

Pot vs Alcohol

Fratelli's will open in September at 30 Boltwood Walk

Acting as Liquor Commissioners the Amherst Select Board will hold a public hearing Monday night to decide the fate of two liquor licenses that are still valid until November 1st but currently not in use.

Click to enlarge/read

 55 University Drive former home of The Hangar, future medical marijuana shop

Since the Hanger moved across the street after absorbing the much larger Amherst Brewing Company, who also had a full liquor license, it kind of makes sense they would not need their previous license under the name Afterburner Inc.

 Hangar Pub & Grill bought out Amherst Brewing Company across the street

Although they could be pulling an Eric Suher style of business where you hold on to a license so that nobody else can buy it and compete with you. 

Fratelli's has indicated they will appear at the meeting so obviously they are not in favor of the Select Board revoking it for lack of use.  A worker on site this morning said they plan to open by September 1st in their strategically well placed location.

The former location of the Hanger at 55 University Drive was the second of four marijuana dispensaries to get Select Board approval to open and the first (and so far only) to get a ZBA Special Permit.

 85 University Drive

Local developer Rich Slobody (who formerly owned Charlie's Tavern in town center) is building a 2,000 square foot building at 85 University Drive for MassMedicum the first non profit to get Select Board approval for a pot dispensary.

 Rafters on the corner of University Drive and Amity Street

And one of the most highly revered bars in Amherst for the past 25 years, Rafters Restaurant & Sports Bar, is now threatened by a 4th pot dispensary who has a $2 million purchase and sale agreement for the property strategically located on the corner of University Drive and Amity Streets, at the gateway to UMass.

Although the Zoning Board of Appeals could decide at some point that the community needs have been met with less than four dispensaries.  Which may be Rafters only hope.  

Medicinal Pot vs Student Housing

55 University Drive bottom left, proposed housing across the street

Red lines indicated 300' reach

The Select Board may want to think about the "letter of support or non opposition" for a medical marijuana facility proposed at 55 University Drive since it could kill a proposed 32 unit apartment development directly across the street.

According to the recent Amherst zoning bylaw governing medical marijuana facilities there has to be a 300 foot buffer zone from apartments (unless they are located in a mixed use building).

The Planning Board is sponsoring a warrant article for spring Town Meeting to change the zoning on the 5.79 acre property directly across the street from 55 University Drive from Office Park to Business Limited, which would allow for the construction of badly needed student housing.

Building Commissioner Rob Morra confirmed, "As written the bylaw does not consider one use existing before the other."  In other words first come first serve.   And if you are a pot facility first, that means no housing will be developed within 300' feet of your front door.

The 300' buffer extends far enough into the open field across the street (which is already development challenged by wetlands) to make the proposed project unfeasible.

Thus a potential $7 or $8 million development, that would pay the town $150,000 annually in property taxes, is killed by a much smaller medical marijuana facility that will pay less than $20,000 annually.

So Amherst Select Board, what's more important?   Helping to ease the significant stress on our housing market -- while generating substantial tax revenues -- or providing a medicinal herb?

 Because of stringent bylaw exclusions University Drive is about the only place in town for a medical marijuana facility

Pot Battle Brewing

55 University Drive formerly The Hanger (who moved across the street)

Even before the Amherst Select Board took up discussion of a letter of support/non opposition for a medical marijuana facility at 85 University Drive, Chair Alisa Brewer mentioned another request had come in that morning for yet another facility.

   Amherst Medical Pot Facility #2

 55 U drive circled, 85 U drive far right

Since they did not disclose the location -- 55 University Drive -- until this morning this request will not be voted on at Monday night's regularly scheduled meeting since Open Meeting Law requres an agenda item must be posted 48 hours in advance.

And yes, the proposed location is only a snowball throw away from 85 University Drive (currently just a concrete slab), the location approved by the Select Board at Monday night's meeting.

A Man to Remember

Slobody Farm Conservation Area, Station Road

Anyone who has ever shared a fox hole -- literally or metaphorically -- understands the bonds created after surviving a particularly combative situation where you both had to work together almost as one.  And those bonds grow even stronger if you were fast friends prior to taking fire.

Rich Slobody, who passed away suddenly on Monday after a six month battle with pancreatic cancer, was just such a friend ... and the town is ever so diminished by his loss.

If you drive down University Drive you will see his handiwork, a large office building next to the Post Office and a smaller new building in the final stages of construction next door that will perhaps someday be a highly profitable medical marijuana dispensary.


 

 101 University Drive, Slobody Technology Park Building

 85 University Drive.  1st to get SB approval  for pot dispensary but still needs Special Permit from ZBA

 
But if you look at it closely you will see a hallmark of my ever so savvy friend and consummate businessman:  a drive up window, making it perfect for distribution of legal medicinal marijuana or turning it into a bank should the pot deal fall through.

Richie was one of my first karate students when the Karate Health Fitness Center opened in 1982 at the "dead mall." He had studied martial arts before but unlike most of those types he did not have a chip on his shoulder about his original discipline being the best in the world.

At the time he owned two bars and my fiance had secretly colluded with him to throw me a "bachelor party" at Jason's Pub in Easthampton.  He later sold that just before the state increased the drinking age to 21 and it went out of business soon thereafter.

But he kept Charlie's in Amherst for another 20+ years, only selling it a few years ago to a long time employee.  He was broken hearted when it went out of business, becoming what is now Old Towne Tavern.

In 1999 we endured together the "Smoking Ban in Bars War".   He as a barowner and me as a crusading columnist for the Amherst Bulletin, which later named it the top issue of the year.

Amherst was first in Massachusetts to ban smoking in bars since they are a "workplace."  Yes, the ban in restaurants had been around for a while, but nobody wanted to mess with the bar culture.

The Northampton Board of Health tried it first but buckled after a heated challenge from Packard's and a few others.

And after a year of the constant strife generated in Amherst by the ban, I kind of understood why state or local officials didn't want to deal with flack from barowners.

Rich was shunned by his fellow downtown compatriots because he instantly conformed to the smoking ban, and that first summer he told me Charlie's lost $10,000 vs the $10,000 in profit it had made the previous summer.

One of the last times I had a chance to talk with him and fondly reminisce about old times was at a memorial service for another Amherst icon, former barowner Chick Delano, who had pretty much put Richie on a blacklist all those years earlier.

Even more tellingly he was most proud of the deal he negotiated with the town to sell his family horse farm on Station Road to our Conservation Department, not because of the $900,000 or so it generated in revenues but because the town forever designated it, "Slobody Farm Conservation Area."

He wanted the family surname to live on, as should he.

Marijuana Quota Met?

169 Meadow St RMD site for GTI

Last night the Zoning Board of Appeals unanimously approved a Special Permit to establish and operate an Off-Site Medical Marijuana Dispensary at 169 Meadow Street, North Amherst by GTI Massachusetts NP Corporation, the second such permit issued over the past four weeks.

 Attorney Tom Reidy presents to ZBA last night

But, in all likelihood, the last such permit to be issued over the foreseeable future.

55 University Drive location received a Special Permit on June 30th

ZBA Chair Mark Parent made it perfectly clear that he considers two dispensaries in Amherst (and the one already operating in Northampton) more than enough to satisfy local demand over the next five years, saying "I don't see anything beyond two in Amherst.  I cannot image giving a 3rd permit for a dispensary given the numbers I've seen."

A Special Permit requires a unanimous vote off all three ZBA members.

Seated in the audience UMass community liaisons Tony Maroulis and Eric Beal seemed relieved to hear the ZBA Chair's candid remarks about maintaining a cap of only two dispensaries in Amherst, thus leaving out in the cold two remaining non-profits who have applied for locations on University Drive, the main gateway to UMass Amherst.

85 University Drive was the first to get Select Board approval but has not yet appeared before ZBA

Mr. Parent also made it perfectly clear the Special Permit was for medical use of marijuana, NOT recreational use. 

So if the recreational pot legalization ballot question passes on November 8th any dispensary in Amherst already issued a Special Permit would need to come back to the ZBA for a change in conditions.

Rafters,  a local landmark for 25 years, is a proposed site for Happy Valley Ventures, the 4th entity to get Select Board approval but has not yet appeared before ZBA

Letter from Select Board read into public record last night:

Click to enlarge/read

Pot Of Gold? (Weed That Is)

Meadow St RMD site:  3rd to get SB approval but first to go before ZBA

The Amherst Select Board on Monday night heard from Temporary Town Manager Pete Hechenbleikner that the estimated medical marijuana market in our little college town is $10 million annually. 

Can you imagine what the market will be if pot is legalized this coming November?  Yikes!

No wonder the floodgates have opened for RMDs (Registered Marijuana Dispensary) trying to be first to market in Amherst.

 85 University Drive building now under construction 1st site to gain SB approval

Interestingly there's no particular economic benefit to the town if we have, say, four dispensaries licensed versus just one.  Because the Host Community Agreements call for a percentage of sales (between 2%-3%), thus Amherst will intake around $250,000 on that $10 million whether it's one facility or four satisfying the market.

Although some minor economic benefits occur with more than just one.  Each dispensary has to donate $20,000 annually to a public charity serving the town so four dispensaries would generate $80,000 per year.

 55 University Drive will require renovations 2nd site to gain SB approval

And the facilities are on the tax rolls so the valuation of those properties will probably go up thus generating more property tax revenues.

 Amherst Select Board Monday night Pete Hechenbleikner (center)

Andy Steinberg tried to get fellow board members to call a moratorium on new letters of approval although he was careful not to use the word "moratorium" as the town attorney already advised that would be illegal.

His concern is how many dispensaries are too many?

The Select Board has already approved three.  But fellow board members felt guilty about how much power they have over RMD approval:  A no vote summarily kills a project with absolutely no avenue for appeal.

Kind of like a Public School Superintendent issuing a stay away order.

 Rafters corner of University Drive/Amity Street 4th site to seek SB approval

The Select Board voted 4-1 to grant a hearing to the 4th wanna-be at their next meeting June 20th.  That particular proposal of course could endanger Rafters, a local legend.

The other major hurdle for RMD's is our Zoning Board of Appeals, and that hurdle requires a unaniomous vote of all three members.  And one critical provision they must ascertain is if the facility, "Meets a demonstrated need."

With that in mind #4 on the list could be in trouble.   Although ZBA decisions can be appealed.

Plenty Pot For You

Building will be constructed next to 101 University Drive just north of CVS and Post Office

For the second meeting in a row the Amherst Select Board has pot on their plate.

Last week it was blowing off Extravaganja on the Town Common and this week it's being more receptive to a medical marijuana facility that hopes to locate at 85 University Drive.

The Select Board is being asked to provide a letter of support or non opposition which curiously enough the state weighs exactly the same.  Giving politicians a little bit of cover since they can allow the project to move forward but at the same time are not portrayed as supporters.

And since the Select Board took great pains last week to say they have no problem with the (First Amendment protected) "message" of Extravaganja pot rally -- only its large size -- to now turn down a medical marijuana facility might look a tad hypocritical.

The town wisely approved a Planning Board zoning tweak (Article 13), which requires a two-thirds vote of Town Meeting, back in November of 2013 which of course was a response to the medical marijuana referendum passing on a state level the year before.

Interestingly if the town had not passed Article 13  the rules would default to a state statute which requires 500 feet distance from a pharmacy or anyplace children congregate.  And the CVS, with a licensed pharmacy,  would easily fall with that 500 foot range.   Article 13 only requires a 300 foot buffer.

Once the Select Board approves their letter of non opposition MassMedicum still needs to acquire a Special Permit from the Zoning Board of Appeals, and that requires a unanimous vote off all three members.

Of course you have to wonder what will become of these highly regulated medical marijuana facilities should the recreational use of pot pass muster this coming November.

Will the state set up a different category of license for recreational providers?   They would then have a greater market which could bring down prices so consumers with  medical needs will start shopping there as well.

Marijuana Deluge

Rafters Restaurant & Sports Bar 422 Amity Street

The success of the 25th Extravaganja, that necessitated they move from Amherst Town Common to the sprawling 3 County Fair grounds in Northampton to accommodate a crowd of 12,000, underscores the popularity of pot.

As if we needed any more examples:

Amherst just received a 4th proposal to locate a medical marijuana facility in town and it too is on (the corner of) University Drive where two others are already proposed.  Anyone who has lived in town for more than a month will recognize the address.

Rafters has been a mainstay of the responsible sports bar scene in Amherst for 25 years, catering to students/faculty, blue collar workers and families ... all with equal aplomb.

They sponsor sports teams, the Rafters College Towne Classik road race to raise money for the Jimmy Fund and Amherst Police Relief Association.

And for many years they hosted the St. Baldrick's head-shaving event to raise money for researching a cure for children's cancer.

Plus they employ dozens of workers who live and spend their paychecks in our local community.  The quintessential mom-and-pop owned by long time restaurateur Jerry Jolly, who also managed The Pub over 40 years ago and an original founder of the Amherst Business Improvement District.

Unfortunately he owns the business, but not the building.  With a selling price of $2 million -- more than twice its assessed value -- an offer impossible to match I would imagine, even if he did have a 1st right of refusal clause in his lease.

The new owners are betting an awful lot of money they will acquire a state RMD license, especially since they need Select Board approval via a Letter of Support/Non Opposition.

Since the Select Board has already issued three of them they could very well say, "No, enough."

   Rafters Sell Out

University Drive: Pot alley?