At their October 3 meeting, the Planning Board will resume discussing the status of a proposed cannabis grow facility at 934 Lewiston Road. Scott Rogers’ project involves conversion of an 1,800 s.f. residence on a 1.8-acre lot in the Residential B-1 district (Map 18 Lot 20).
The board paused their review in July in order to seek a legal opinion from the town attorney after Town Planner Kathy Tombarelli discovered that the zoning district for the parcel had been incorrectly identified. Review had proceeded under the mistaken assumption that the proposed use was allowed in that location.
Tombarelli told the board at the July meeting that a grow facility is permitted as a commercial greenhouse in the applicable, correct district, but five acres are required. Rogers’ parcel is less than two acres, making both the proposed use and the lot itself nonconforming.
But that doesn’t end the analysis. Under the town’s zoning ordinance, a nonconforming use can be continued or changed under certain circumstances and still be legal. Did the various past commercial activities at this location and/or a town approval mean the new proposed cultivation use clears the bar? Spoiler alert: the town’s lawyer thought no. Now it’s up to the board to decide what happens next.
Also on the agenda is discussion of possible zoning ordinance amendments, all with an eye on the 2024 town meeting in May. The board will start with a look at how to handle amendments to approved site plans, a gap in the ordinance that emerged during review of an application earlier this year.
Find the full October 3 Planning Board meeting agenda and related documents on the Planning Board’s page at this link.
The meeting begins at 7 pm in the Meetinghouse and will be broadcast on local cable and live-streamed on Castus at this link.
— Joanne Cole
