A group of citizens led by former Planning Board member Marc Sevigny has proposed tighter restrictions on cannabis cultivation in the agricultural/residential district. Sevigny spoke in favor of his proposal at the Planning Board’s Jan. 27 meeting, which other supporters attended, but Lucas Thayer of Apple Guy Flowers did not.
Requested changes include requiring increased setbacks from property lines, better screening of cannabis plants from neighbors’ view, and requirements for odor management. Planning Board members were amenable to the changes, but cautioned that they would not affect the Apple Guy Flowers cannabis cultivation business proposed for South Shaker Road, and would not appear for a vote until the fall 2020 Town Meeting at the soonest.
Sevigny explained that the goal of his proposed changes is to keep cannabis cultivation a viable option for Harvard’s farmers while reducing potential impact on residential neighborhoods. Sevigny said he voted in favor of the existing cannabis cultivation bylaw when it was proposed at the Town Meeting of spring 2018 because he hoped it would prove helpful to Harvard farmers. It was only when he attended the Dec. 19, 2019, Apple Guy Flowers community outreach meeting that he began to think the existing restrictions are insufficient to protect neighbors.
According to Director of Community and Economic Development Chris Ryan, representatives of Apple Guy Flowers met with him and Land Use Agent Liz Allard in late December. Ryan and Allard explained what documents the Planning Board would need to see before conducting a special permit hearing for the business, including far more detailed business and security plans than outlined at the public outreach meeting, and computer renderings of the exact appearance of the final cultivation structure from numerous angles. According to Allard, as soon as Apple Guy Flowers submits the documentation, she will post it on the Planning Board section of the town website. Notifications about an upcoming hearing will appear in two issues of the Harvard Press beforehand, giving interested members of the public weeks of notice to prepare for the hearing. So far, Apple Guy Flowers has not submitted any documentation.
The bylaw currently requires cannabis plants to be at least 200 feet from property lines. Sevigny proposes that the setback requirement be increased to 300 feet. He presented the board with a map of Harvard showing the properties where cultivation could be allowed in accordance with the 200-foot requirement, pointing out that many are residential properties. According to Sevigny, increasing the requirement to 300 feet would disqualify roughly two-thirds of those properties. He further explained that he had consulted the 2016 Open Space Plan for a list of Harvard’s farms, and found that only one would be disqualified by the proposed change.
Planning Board Chair Erin McBee cautioned that some Harvard farms are not listed on that plan, and she recommended that Sevigny meet with the Agricultural Advisory Commission to find out how they thought the change would affect farmers. Despite this concern, board members were generally supportive of increasing the setback requirement.
The current bylaw requires visual screening, such that cannabis plants are not visible from any public way. Sevigny proposes expanding this protection to also require screening from adjacent private properties, writing: “This small change would protect abutters who would otherwise have to see the marijuana cultivation from their backyards.” Board members agreed that this would be a sensible change in principle.
Both Sevigny and the board were concerned that the measures taken to screen plants from view might be more visually disruptive than the plants themselves. Because the plants can reach heights of over 10 feet, fences of even greater height (especially if the plants are on or near a slope) would be required to fully screen them. Combined with other security measures such as lights and cameras, Sevigny compared the effect to having “a maximum security prison in your backyard.” Ryan suggested that earthen berms or foliage could in some cases provide the necessary screening at a lower visual impact.
Sevigny also raised the issue of odor, as neighbors at the Apple Guy Flowers community outreach meeting reported a pungent smell during approximately two months each year. He said he was unsure whether a 300-foot setback would meaningfully reduce the issue. He and Planning Board members agreed that none of them currently has sufficient expertise in crafting odor regulations, but that the issue merits further investigation.
The Planning Board assigned Ryan to investigate cannabis and odor bylaws in other communities and states to see whether anyone else has found solutions to these problems, while Sevigny agreed to consult with the Agricultural Advisory Commission about the impact of the proposed changes on existing farms interested in growing cannabis. When reminded that, whatever changes are made, they will not affect Apple Guy Flowers, Sevigny found this acceptable, saying, “This is not an attempt to preempt any specific application; this is looking forward to find what’s best for everyone.”
