Pittsfield zoning board rejects downtown marijuana retailer

Posted Friday, August 24, 2018 4:21 pm

PITTSFIELD — The brothers behind Berkshire Cannabis Co. obeyed city and state regulations, but the city's Zoning Board of Appeals rejected their application.

City natives Dan and David Graziani said they had invested $25,000 on the space at 32 Bank Row before the board's decision. Their shop was the first zoning-compliant recreational marijuana retailer to be denied a special permit by the city.

The reason? Board members said the shop wasn't in keeping with the "overall feeling" of that segment of town.

"It just doesn't seem a like a fit for that particular location," board member Esther Bolen told The Eagle.

Bolen was one of three board members to move against the shop in a 3-2 vote. The board has the power to deny a special permit for any reason. Still, the brothers said they plan to appeal the decision. They said they worked with City Hall throughout the process, and so they felt blindsided by it.

"Pittsfield has identified that these businesses can be downtown," David Graziani said. "Their decision was way out of line."

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During the same meeting Wednesday, the Zoning Board of Appeals approved a special permit for Bloom Brothers on Merrill Road. Berkshire brothers behind the shop are the fifth group to receive approval.

Berkshire Roots on Dalton Avenue, Temescal Wellness on Callahan Drive, Kryppies on East Street and Green Biz on South Street already have municipal green lights and now must work with the state to get clearance for recreational sales.

A letter from courthouse leaders opposing the Grazianis' neighboring shop played a key role in the zoning board's decision. The letter focused on the Berkshire Probate and Family Court, arguing that the retail outlet would be "at odds with the work the court frequently undertakes with children and their families."

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Dan and David Graziani said they felt that they had addressed the courthouse's concerns, assuring that they would be secure and odor-free neighbors. Dan Graziani said that, with the amount of research and back-and-forth they put in with city officials, it felt as if the "rug ripped out from underneath us."

The brothers said previously that there aren't many spaces downtown that a marijuana retail outlet can go because of day care centers, schools and zoning regulations. They had felt they had found the perfect option on Bank Row.

Asked if she felt she would vote against other downtown shops, Bolen said it depends on the plan.

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"I just weigh every location as they're presented," she said.

The board denied a special permit under similar circumstances in September 2016, when it declined to allow Happy Valley Compassion Center to convert a former Kentucky Fried Chicken on East Street into a medical marijuana dispensary. The board sided with some in the community who argued at the time the proposed dispensary would be too close to Pittsfield High School, and that it didn't fit the highly commercial district.

The Grazianis said they'll take advantage of the 20-day appeal process, but they'll start shopping for a new location in the meantime. They said they are disillusioned by the Pittsfield process and might look outside the city.

"I would like it to be in Pittsfield — it's our No. 1 choice — but if the city of Pittsfield doesn't want us to do business here, then we'll look elsewhere," Dan Graziani said.

His brother added: "In my opinion, it's their loss."

Amanda Drane can be contacted at adrane@berkshireeagle.com, @amandadrane on Twitter, and 413-496-6296.