ERVING — New marijuana zoning bylaws have been unanimously passed by town meeting members in Erving.
The two articles relating to marijuana that were passed Monday night replaced the Medical Marijuana Moratorium that ended in October 2014 with guidelines for retail sale of marijuana, as well as cultivation, testing and processing of marijuana products.
Marijuana businesses will be able to apply for a special permit from the Planning Board. The new bylaw would allow cultivation, testing and processing of marijuana products in the Central Village, French King Commercial district, and Rural Residential districts. Retail sale would be allowed in the Central Village and French King Commercial Districts. A zoning map can be viewed here.
Among the requirements for marijuana zoning are that marijuana establishments or businesses cannot be located within 500 feet of any school’s property line. They also may not be located within 100 feet from a “public recreation area or park” property line, or within 50 feet from any residential space.
Town Administrative Coordinator Bryan Smith believes that Erving’s marijuana regulations are “on par” with other neighboring town’s regulations.
“If (our marijuana zoning laws) are too restrictive, they won’t get past the attorney general,” said Planning Board Member Mike Shaffer. He also mentioned that Erving is making its decision ahead of many other towns in regards to marijuana zoning laws.
According to Planning Board Chair Jaquie Boyden, there are approximately five to 10 parcels in Erving that would meet the criteria of being able to host a marijuana establishment.
“We have to craft a bylaw that would actually work,” Boyden said.
The Planning Board previously ruled out the possibility of marijuana cafes where patrons could consume on the premises. Personal ownership of marijuana plants is not affected by the vote. Adults 21 and over can grow up to six plants in their home, with the number of marijuana plants in each home not exceeding 12 regardless of the number of people in the house.
The remaining 15 articles on the town meeting warrant were also passed, most of them unanimously. The articles voted on included:
Appropriation of $203,390 from Free Cash to pay for “final charges” related to the Riverfront Park Construction.
Appropriation of $1,800 from Free Cash to buy two library laptops.
Appropriation of $110,000 from Free Cash to purchase a dump truck to replace one of the town’s trucks which has required multiple expensive repairs. The wait time for getting a new truck is 10-12 months.
Authorize the Selectboard to put up traffic signs where needed without bringing the issue to a special town meeting each time. A tractor trailer exclusion for smaller roads was also discussed, but the possibility is still being explored.
Authorize the Selectboard to appoint one associate member to the Planning Board.
Allow the Phase Growth bylaw to remain in effect until December 2023, which controls the growth of the town by limiting the number of single family homes built.
Reach Christie Wisniewski at: cwisniewski@recorder.com or 413-772-0261, ext. 280.