Swansea special Town Meeting to tackle zoning revision article for marijuana cultivation

SWANSEA — After weeks of debate, the single article for Monday night’s special Town Meeting to change the town zoning bylaw to allow recreational marijuana cultivation as a secondary use on rural agricultural land has three proposed amendments, according to the proponent.

Those amendments include designating a minimum lot size of 5 acres excluding residential property for growing, and the boundaries from abutting properties be either 300 or 100 feet, depending upon how the marijuana is grown outdoors or in a contained structure.

Demonstration of “adequate air filtration systems to control odors from the crop,” and correction of a typographical error on the listed zones are among the proposed amendments.

Those have been among major concerns raised by officials of different boards and committees and citizens during the 45 days since a citizen petition with at least 200 registered voters submitted the zoning change proposal; the Board of Selectmen was required to call for this special Town Meeting within that time frame.

The town’s legal counsel, however, questions that those amendments qualify for inclusion in the submitted article, which must be approved by a supermajority, or two-thirds of voters, because it is a change to zoning.

The special Town Meeting for this one article will be held at 7 p.m. at Joseph Case High School, 70 School St.

“There are going to be less than 300 properties in Swansea that are going to be able to support this operation. So we’re talking 97 or 96 percent of properties that don’t qualify,” said Bill Chadwick of Swansea, the agricultural businessman and owner of the 52-acre Mammoth Rock Farm where he’s proposed a major marijuana cultivation operation by those in the business.

The farm location is 751 Hortonville Road, just south of Cummings Road and Locust Street in the rural northern part of town.

It is minimally used for farming now, said Cummings, of 107 Elm St.

A lifelong resident who owned Baker Tractor heavy equipment for 30 years until closing and selling the property at Routes 6/136 to Toyota in 2009, his family has farmed the Hortonville Road tract since the 1920s.

He uses a small portion for growing corn now, with the land preserved by state agricultural restrictions. Chadwick has contended publicly this zoning bylaw change “allows farmers, such as myself, to preserve our farms and the opportunity to grow legal marijuana.”

He argues preserving farmland also helps offset overdevelopment of housing in rural areas.

Chadwick’s potential growers — Fuego Cannabis Inc. — project local excise tax revenues of the allowed 3 percent of gross revenues of more than $500,000 after five years in 2022 with full cultivation build out.

That would entail a “100,000-square-foot canopy” growing marijuana on a maximum of 14 of the 52 acres, Chadwick said.

“I think my property stands on own merits,” he said, “because we’re proposing a zoning bylaw with a couple of amendments designed to bring major cultivators onto appropriate property.”

At this point, a recreational marijuana cultivator or dispensary is allowed with a special permit only in a manufacturing zone of which there is limited property.

With this proposed change for agricultural use, a ZBA special permit also would be required.

Chadwick came to The Herald News on Friday to discuss the amendments he said his lawyer, Steven Epstein of Georgetown, submitted to the town the day before. He said they had not heard back.

Town Attorney Arthur Frank, reached Friday afternoon, told The Herald News “I think there are problems with at least two” of the three amendments.

He cited the minimum acreage and setbacks.

“My feeling is they go beyond the scope of the warrant (article) as presented,” Frank said.

He said amending the article this way “revises the use table … to create a new dimensional table.”

“To me, they’re now asking to change the dimensional table, but the article wants to change the use table” to allow recreational marijuana cultivation in a zone other than manufacturing.

Frank said he will recommend that the motion with amendments Chadwick plans to make on the floor be “ruled out of order.”

He said that decision will be up to Moderator Paul Burke to decide, which special Town Meeting voters could challenge.

Frank said he believes the legal options are to go forward with the article as published without the amendments or rule it out of order.

Without the acreage and set-back stipulations, Frank said he believes about 90 percent of the town in a rural residential zone could be eligible to cultivate marijuana.

Chadwick presented the numbers much differently in an interview.

He said there are 7,922 plots of land in town of which 348 are 5 acres or more and at least 50 of them would not be eligible for such uses because they are owned by utilities, have wetlands or lack setbacks and visibility.

“What I think is possible, if Swansea acts with some alacrity and due diligence, is they could get two dispensary operations (in the Sears Road Manufacturing area),” he said, “and three or four cultivation facilities.”

Chadwick said the Fuego Cannabis ownership, consisting of George Friedlander and Shane Hyde, who grew up in Fall River and Somerset, respectively, have been eager to start their organic growing process, and have looked in other areas. They are represented by attorney Will Flanagan, the former Fall River mayor.

“They haven’t disappeared. They’re still in the picture,” Chadwick said.

Their summary said they will begin with one greenhouse of about 3,600 square feet on two acres and ultimately expand to 21 such greenhouse spaces.

A chart of gross revenue with the maximum 3 percent going to the town, which includes a host agreement, shows:

• In year one, $1,090,900 in revenue; $60,200 from 3 percent excise tax projections.

• Year 2, $4,634,200 in revenue; $215,500 to the town.

• Year 3, $12,964,100 in revenue; $469,000 to the town.

• Year 4 and 5 approximately $17,500,000 in revenue; $527,700 to the town in year 2022.

Both the Board of Selectmen and Planning Board voted on split decisions not to recommend the article when Chadwick said he would propose amendments along the lines he is listing. The votes were 2-1 and 3-1. The Advisory and Finance Committee and a zoning revisions advisory committee of lead officials also did not recommend it.

Selectmen Chairman Derek Heim recently issued a lengthy letter to the editor strongly opposing the zoning change. Selectmen Vice Chairman Steven Kitchin concurred and Selectman Christopher Carreiro disagreed and recommended the article.

“The petitioner’s proposal is allowed and would be 100 percent compliant with our existing zoning had this been proposed in our manufacturing district,” Heim wrote.

“The petitioner is promising to make marijuana a financial powerhouse in Swansea. Given that dozens of these facilities are being proposed in a 10-mile radius, isn’t it more likely that when these facilities are built out, competition will dictate that only normal rates of return are achieved for these enterprises?” Heim wrote.

Email Michael Holtzman at mholtzman@heraldnews.com or call him at 508-676-2573.