HomeMy WebLinkAbout2022.03.24 BOA Minutes Maple Valley Pharms - 395 Main Street - HearingBoard of Appeals
Minutes
March 24, 2022
Members Present: Edward Gould (Chair), Erica Caron, Robin Perkins, Jordan LaBouff (Associate Member), and Susan Dean (Associate Member)
Staff Present:David F. Szewczyk, City Solicitor; Jeff Wallace, Code Enforcement Division Director
Others Present: Attorney Hannah King, Anthony Violette, Hunter Violette, Attorney Michael Hockenbury, Mike Gleason, Reese Perkins
Introductions
Approval of Minutes from the May 11, 2022 Finding of Facts meeting. Correction in portion 2.a: Ed Gould will remain the Chair if the Board of Appeals. Motion to approve Minutes as corrected
by Member Perkins and seconded by Member Caron. Motion to approve Minutes as corrected passed.
Chair Gould introduced Attorney Hannah King who represented the Applicant Maple Valley Pharms.Ms. King presented Maple Valley Pharms’request for variance, based on unnecessary hardship,
from the 300-foot setback requirement for a marijuana store proposed to be located in the Urban Service District at 395 Main Street. Ms. King argued the restriction on usein the sale
of the property made it difficult for any business to purchase 395 Main Street.
Hunter Violette and Anthony Violette, co-owners, each thanked the Board of Appeals members for considering their appeal and presented their business plan for 395 Main Street.
Opponents to the appeal were invited to state their opposition to the Board. Mike Gleason, a local home owner, strongly opposed another marijuana retail establishment in the area when
one exists 100+ feet from the proposed establishment at 395 Main Street.
Attorney Michael Hockenbury, representing property owners at 20 Walter Street, stated the property owners were opposed to the appeal and were not in favor of a marijuana retail establishment
so close to their property’s residence. Mr. Hockenbury stated the applicant did not prove the four criteria required for the granting of a hardship variance.
The applicant was given time for rebuttal to opposition. Ms. King stated the plight upon her client was because of the setback requirement in the City ordinance, and without her client’s
business being permitted to operate at 395 Main Street, the property is without value because of the restriction on the sale of the property.
The meeting was then closed to public participation, and the Chair opened the floor for the Board of Appeals members to discuss the applicant’s request.
Member LaBouff stated the hardship was created by the current owner of 395 Main Street, and could be changed by the owner by removing the restriction.
Member Caron stated the hardship was the ordinance.
Member Robin Perkins stated the current property owner made the property difficult to sell with the restriction.
After the other members were finished, Chair Gould stated that the current owner placed restrictions on the property at 395 Main Street to limit competition, which is contrary to long-held
public policy. He stated that the economic hardship was created by the current property owner.
Chair Gould asked for a motion to approve or deny. Member LaBouff made a motion to deny the request for variance. Member Perkins seconded the motion. Vote by show of hands was taken.
Members LaBouff, Perkins, Dean, and Gould voted in favor of the motion to deny the application for variance. Member Caron voted against the motion to deny the variance.Motion to deny
the application for variance passed by a vote of 4 in favor, one opposed. Request for variance from the setback requirement was denied.
No other business.
Motion to adjourn made by Robin Perkins and seconded by Jordan LaBouff. No objections. Meeting adjourned.