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Residents complain of strong odors from unpermitted cannabis grow; town issues violation and considers moratorium

Town of Morrow Town Board · September 24, 2024
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Summary

Neighbors reported persistent odors from a commercial cannabis grow that town staff says is licensed by the state; the town issued a notice of violation and the operator has appealed, sending the matter to the zoning board of appeals in October. Residents urged the board to consider a moratorium on commercial cannabis cultivation while the town reviews zoning and enforcement tools.

Multiple residents told the Town of Morrow board that a newly active cultivation site — described as roughly a 4‑acre operation with plans for greenhouses — is producing persistent, strong odors that interfere with daily life.

Resident Joel described the hours‑long, daily odor and asked when the operation had been approved. Town staff (Josh) reported the site was discovered in late July, that the State had issued a license, and that the town subsequently issued a notice of violation and an order to remedy. The operator has appealed the town’s determination and is scheduled to appear before the zoning board of appeals; staff said the next administrative hearing is expected in October.

Board members and callers said the legal timeline may not prevent an imminent harvest and urged the board to consider a moratorium on new commercial cultivation while the town evaluates zoning language, nuisance standards and enforcement options. Counsel noted the town could seek injunctive relief in Supreme Court to address a public‑nuisance claim, but warned such litigation is costly and may not be effective in time to stop the current harvest.

Josh said the town’s zoning currently allows commercial greenhouses and nurseries in the C1 zone and that the code had not specifically anticipated cannabis cultivation; that regulatory gap contributes to the present uncertainty. The board directed staff to continue enforcement actions already under way and to review zoning and possible moratorium language for future consideration.

Next steps: zoning staff will pursue the code enforcement process, prepare materials for the zoning board of appeals hearing and draft options (including a temporary moratorium) for the board to consider.