Whately Planning Board addresses cannabis facility changes

Aug. 2, 2022 | Doc Pruyne
dpruyne@thereminder.com

WHATELY – The Planning Board met July 26 to hear from residents about changes at 3 River Rd., property used by Debilitating Medical Condition Treatment Centers (DMCTC) for the cultivation and processing of medical cannabis. Those changes could have required a new site plan review, an expensive proposition for the company and town.

Jared Glanz-Berger, co-owner and local representative for DMCTC, explained to the Planning Board that two shipping containers previously used for frozen storage of materials will still be used for storage, but also for processing cannabis. The containers were also relocated on the property.

“The four 8-by-40-foot containers shown on the south side of the building have been shifted 50 feet east. These are all within setbacks and are within Whately. Everything we’re doing has been carefully placed so that it remains within Whately,” Glanz-Berger said.

Maps of the property at 3 River Road were examined as board member Brant Cheikes confirmed that approval for four additional shipping containers was being sought by the company. The two existing containers will remain in use and be surrounded by a new fence.

“In this proposed plan,” Glanz-Berger said, “we are asking to move some of the containers previously depicted on the north side, to the south side and away from other residents, further from our neighbors.”

Board member Judy Markland voiced concern that uses of the shipping containers changed, there may be more noise or odor now that processing is being done outside the main building, the arrangement agreed upon in previous dealings with DMCTC.

“Now processing is being done in two of these units,” Cheikes said, “and other mobile units are being used for cold storage.”

The footprint of the containers has not changed. That somewhat mollified board members’ concerns, after which discussion turned to the discovery on the property of a 1,000 gallon propane tank. Glanz-Berger assured the board that Fire Chief John Hannum was notified of the tank. DMCTC assumed responsibility for maintaining it.

Cannabis odor is an ongoing concern for Planning Board members. Markland asked Glanz-Berger to comment on possible increases in odor due to the processing being done in the shipping containers. Glanz-Berger assured the board that processing activities in the containers won’t create more smell.

“There really isn’t much of a smell emitted from these things,” Glanz-Berger said. “If you think closed loop processing, that’s really the only activity that goes on there, either distilled oil or frozen material yet to be extracted and turned into crude or butane hash oil. The odor really is not present at that moment.”

Board member Sara Cooper countered with a personal anecdote. “My husband and I drove by, Saturday night, with the air conditioner on and the doors closed, everything closed,” Cooper said. “There was a noticeable smell. What would be causing that right now?”

Glanz-Berger explained the smell is emanating from the cultivation fields. The plants have reached harvest stage when the smell will be strongest. Board Chair Don Sluter and Cheikes commented that they visited the site the week before and did not notice offensive odor levels.

Markland asked that Hannum and Police Chief James Sevigne Jr. sign off on the changes to the property, primarily to create a record for the future. Cheikes then floated a motion to require a complete site plan review, a motion that excited little further discussion and did not receive an affirmative vote from members.

Board members voted unanimously to accept the proposed changes made to the facility. There was some discussion about the town’s procedural chain of decision making, with the town’s building inspector voicing a preference not to make decisions about the acceptability of the changes.

Abutter Tim Smith appeared for the remote meeting. He began by stating his biggest concern was the odor issue, exacerbated by the presence at 7 River Road of another cannabis facility.

“I didn’t realize they were in harvest right now,” Smith said. “You can notice it, you smell it … It’s definitely there, but Jared’s been really good if I have an issue. He does address it pretty fast.” Smith reasoned that he should go through a full cycle before lodging any complaints. “I’d have to go a full year, a full production cycle, to feel what it’s gonna do. It’s early in the harvest, I just don’t know what to expect. I’d hate to make a judgment now … So far, I don’t have a real issue with it.”

Smith said he wanted to keep communication open with the Planning Board as the arrangement goes forward. Cheikes made it plain that the input of abutters is valued by the board and essential in the review of the company’s performance. Smith’s input is valuable to help the Planning Board grow more capable when dealing with cannabis businesses.

“We don’t have a lot of experience in Whately with the odor. We don’t have a lot of experience with the noise,” Cheikes said. “You are our best noise and odor sensor, and our best source of advice about how much of a problem it is.”

The board, informed that odor is not a problem at 3 River Road, voted to accept the proposed changes to the facility as long as the police and fire chiefs also approve the changes in writing. Markland asked if Smith kept a journal of any events and the circumstances. He agreed to keep tabs on the neighboring business, but commented there wasn’t a problem yet.

“I really have to live with it, a whole grow cycle,” Smith said. “As far as noise goes, there doesn’t seem to be any more noise than with any other farm.”

Cheikes finished the discussion by commenting on the balance the Planning Board seeks to reach when considering businesses and their impacts on neighbors and the community as a whole. That impact, fiscally speaking, can be very beneficial.

“There is the potential for this operation, and others like it, to provide additional helpful revenue to the town, that we would all benefit from,” Cheikes said. “But it can’t come at the cost of making individual abutters’ lives miserable.”

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