Legal mix-up forces delay of Warren marijuana vote

Notice of public hearing on matter had not been properly advertised, as state law requires

By Ted Hayes
Posted 2/14/18

A plan to legalize large scale commercial and cooperative growing of medical marijuana in Warren will have to wait at least another month, after a “miscommunication” in the Warren Town …

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Legal mix-up forces delay of Warren marijuana vote

Notice of public hearing on matter had not been properly advertised, as state law requires

Posted

A plan to legalize large scale commercial and cooperative growing of medical marijuana in Warren will have to wait at least another month, after a “miscommunication” in the Warren Town Clerk’s office forced members of the Warren Town Council to shelve a vote on the matter Tuesday night.

Councilors were prepared Tuesday to hold a public hearing and vote on the change to the town’s zoning ordinance, but were informed just prior to the meeting that public notice of the hearing had only been published in the Warren Times once over the past month. State open meeting laws require that notice of public hearings for zoning ordinance amendments must be published in the local paper three times prior to a hearing.

Town clerk Julie Coelho said “miscommunication” within the clerk’s office was to blame. The paper should have been directed to run the notice three times, she said, but instead was directed to publish the announcement just once. The notice ran in the Wednesday, Jan. 17, edition.

After being informed by assistant town solicitor Peter Skwirz that the matter had not been properly advertised, councilors tabled it and are expected to hold a public hearing on the marijuana ordinance change on Tuesday, March 13.

What’s at stake?
The proposed zoning ordinance amendment would allow the cultivation of the drug, either by right or through a special use permit, in each of the town’s 13 zoning districts.

Under the ordinance change, those allowed to grow medical marijuana here would be broken into four categories: Non-residential cooperative cultivators, residential cooperative cultivators, personal cultivators and licensed cultivators.

Non-residential co-ops would consist of two or more medical marijuana card holders who would be allowed to cultivate on land, or in a building, which is not a residence.
Residential co-ops would consist of two or more medical marijuana card holders who would be allowed to grow in their home.

Personal cultivators, meaning a single cardholder, would be allowed to grow within their residences.

Finally, licensed cultivators include “any person or entity who has been licensed by the department of business regulation to cultivate marijuana.”
Residential co-ops and personal cultivators would be allowed by right to open growing operations in any of the town’s 13 zoning districts, without the need for a special use permit.

Non-residential growers would be allowed to operate in the town’s village business, business, waterfront, special district, manufacturing, commercial industrial, farm conservation and rural business zones, with a special use permit. And licensed cultivators would be allowed to operate in the same zones as non-residential growers, apart from the waterfront zone, where growing would not be a permitted use.

Non-residential and licensed cultivators would not be allowed to grow in any of the town’s residentially zoned areas, including the R-6, 10, 15, 20 and 40 zones.
Within those zones, those who seek to grow would have to follow strict guidelines:

  • Growing operations must be “sufficiently buffered in relation to any residential area,” “must be consistent with the exterior appearance of existing structures within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values.”
  • Licensed and non-resident operations in the B, CI, FC, RB and W zoning districts must not be within 100 feet of the nearest residential district.
  • No operations, regardless of category, would be allowed within 1,000 feet of a school.
  • Lighting, security/alarm systems and security measures would be required “in order to provide proper security“ and to deter and prevent the unauthorized entrance into areas containing marijuana.” 
  • Anyone wishing to grow must submit a site plan to the Zoning Board of Review, which will review it with the town’s zoning official.

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