Swansea rezoning to allow pot cultivation is a no-go

SWANSEA — The rezoning to allow recreational marijuana cultivation as an accessory use in rural residential zones won’t be happening anytime soon.

In fact, after an overwhelming majority voice vote denied the proposed zoning bylaw article Monday night, it will likely be a couple of years until a similar change can be enacted.

“It cannot come back for two years,” Town Attorney Arthur Frank told the 482 registered voters, as a result of the Planning Board issuing a negative recommendation on this citizen petition article issued approximately 45 days ago.

When the near-capacity crowd filed into the Joseph Case High School auditorium Monday night, several people questioned sounded unsure of whether the two-thirds vote needed might be there.

Two legal opinions by Frank to disallow the minimum 5-acre as well as boundary restrictions proposed as amendments by proponent and farmer-businessman proponent Bill Chadwick put a quick cloud on his prospects.

Frank said amendments for new dimensional requirements “I find beyond the scope of the article and I believe it should be ruled out of order.”

Town Moderator Paul Burke accepted the legal opinion on the two key amendments.

After nearly two hours, when Chadwick later heard Frank say the planners’ negative recommendation with a defeat of his article would sideline his effort to open up rural residential land for growing marijuana, he asked that a decision be indefinitely postponed.

“They were ready to vote. It was pretty clear,” Burke said afterward when asked why he allowed a vote on the article rather than one for a postponement.

“I’m disappointed,” Chadwick said, as he filed out with the big crowd.

“I think the people of Swansea …” the owner of 52-acre Mammoth Rock Farm on Hortonville Road where he was proposing this operation started to say. Then he shook his head and kept walking.

This story will be updated.

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