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ZBA defers review of Happy Tree dispensary siting while counsel reconciles State letter and Planning Board referral
Summary
Applicants for a retail cannabis dispensary presented a State Office of Cannabis Management letter saying the proposed door‑to‑door distance meets State guidance, but town counsel asked for clarification from the Planning Board attorney about a town‑code referral. The ZBA deferred action to the May meeting so counsel can reconcile the two sources.
John Moss and Tiffany McPhail of Happy Tree Dispensary presented a Planning Board referral to the Zoning Board concerning the 1,000‑foot separation requirement between retail cannabis dispensaries. Moss said the Office of Cannabis Management (OCM) provided an e‑mail and letter indicating the door‑to‑door measurement between the proposed location and an approved nearby dispensary met the State's distance requirement.
Town counsel David Donovan told the board that the Planning Board referral cites Town Code Section 185‑48.9(A)(3), which requires a 1,000‑foot separation measured from entrance points in certain circumstances. The OCM correspondence used State guidance that treats door‑to‑door measurement as the relevant metric. Counsel requested written clarification from the Planning Board attorney about which exact measurement the town expects to apply and whether State guidance preempts or clarifies the town code interpretation.
Because that legal question remained unresolved, the board voted to defer the application to the May meeting to allow counsel to reconcile the State correspondence and the Planning Board referral. Applicants and some public commenters said they already hold State approvals and urged the board to confirm the local direction quickly.
