Extravaganja Lives

Extravaganja 2015 Amherst Town Common

So Northampton, our sister city to the west, will welcome the 25th annual pot rally at the 3 County Fairgrounds April 30th.

Amherst bounced the mellow revelers from the town common due to the size of the crowd they attract, estimated in the range of 6,000.

Interestingly enough the 3 County Fair committee voted in favor of the rental agreement on Monday night around the same time the Amherst Select Board voted to support a 2nd medical marijuana dispensary on University Drive.

Average Amherst citizenry will certainly not miss the traffic congestion the event always created, but I'm sure starving downtown businesses will miss the thousands of hungry customers.

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.

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.

Here's mud in your eye

UPDATE Jan 30, 2013:

According to Ms. Brooks, she was found guilty of a first offense DUI on September 7, 2012. All  
other charges were dropped.

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One of the more jarring incidents over the  "Blarney Blowout" weekend occurred early Monday morning (1:30 AM) when a 21-year-old drunk UMass student became embroiled in a "road rage" incident in town center which led to a high speed chase down Amity Street, some of it on the wrong side of the road, a wide turn on University Drive where police pulled over and arrested both drivers before they killed one another, or an innocent bystander.

The road rage continued however as the young lady did not take too kindly to the interdiction by an Amherst Police officer.  She spit on him.  Yes, spit.

Courtney M Brooks, 85 Eastern Ave, Rochester, NH, age 21 was arrested for Operating Under the Influence, speeding, marked lanes violation, marijuana possession, possession of pepper spray without a proper license AND assault on an officer.

Christopher Alviani, 169 Rocky Hill Road, Hadley, MA, age 24 was arrested for Operating Under the Influence, speeding, following too closely.

Springfield Republican catches up with this story