by Geoff Fox
Two residents who recently moved to Hancock raised questions about the town’s approval to allow a cannabis gummy company to move into the Hancock Antique Mall. They asked if the process was legally done.
Noha Gaber and her husband Gustavo Castagno moved to Hancock two years ago, buying and renovating a home in town.
Since moving to Hancock, Gaber said they saw the potential in the town and wanted to help.
Gaber, who works for the federal government, wanted to use her knowledge of federal financial opportunities to help Hancock compete for resources it qualifies for.
Gaber said she was bringing this up because they are concerned citizens, and the family home immediately faces the Hancock Antique Mall on Pennsylvania Avenue.
“We’re concerned about the future use of that building and the impact it will have on … our home and the detrimental impact the proposed use will have on the town, especially those residents immediately near the building,” she said.
Gaber admitted she and her husband understand the sale of the building was a private transaction and the building is privately owned.
But, she said, they know the Hancock town council, Planning Commission, and Board of Zoning Appeals play a part in decisions surrounding the use of the building.
In June, the Board of Zoning Appeals approved Story Cannabis a special use exception to open at 266 North Pennsylvania Avenue, which is the Hancock Antique Mall.
Gaber said the process did not follow the proper procedures and she and her husband were at the meeting to request town officials reverse the decision due to deficiencies in that process.
“We and our neighbors are very concerned by this proposal to build an industrial facility in the middle of a residential area,” she said.
After studying the comprehensive plan and ordinances, Gaber said they were concerned with the way the process has been handled.
“We would all like to resolve this within the town and not resort to any legal processes outside of the town,” she said.
Barbara Deneen, who lives beside Gaber, also raised concerns and the fact there was no notification of who bought the Antique Mall.
She said they tried to get notification from the town via letter stating what was going on and never received a response.
“This has gone on for over a month,” she said.
Steve Johnson added it started five or six weeks ago trying to get paperwork so they could do something, but kept getting different stories.
Deneen said both she and Gaber have spoken to Town Manager Mike Faith. She said the town will end up being a “drug town.”
“No one is going to want to come here, no one will want to live here because you will continue on down the road putting someplace else with more drugs, and that’s what I see,” Deneen said.
Deneen added she didn’t want to live across from the facility and town officials can’t guarantee there would be no odors coming from the facility.
Mayor Roland Lanehart, Jr., said had previously told Gaber the company has to comply with the standards of emitting no obnoxious, toxic, or corrosive fumes.
“So that means at your house you should not smell cannabis from that,” he said.
Gaber argued it would still be an industrial facility in a residential neighborhood.
“We love it here, but I tell you what, we may have to move,” Deneen said. “You have good people paying taxes, water bill, taking care of their places, but you’ re going to run them off. We’re not going to stay here and watch you people bring in more places for drugs. We got enough problems.”
Deneen told town officials the town is falling apart and how Faith was concerned about the factory falling apart. She asked about downtown and how it was disgusting.
“I’m angry at all of you,” she said.
Deneen said another lady, who was in attendance but didn’t speak, lives beside the facility and is also concerned about the smell.
Lanehart said he understood her concerns.
“Do you want this town to be called the ‘Pot Town?’” Deneen asked.
Lanehart said as mayor he’ d like to see jobs coming to Hancock, which Deneen agreed with, but said she’d rather see good jobs come to Hancock.
Town Attorney Ed Kuczynski was at the meeting and town officials allowed him to respond.
Kuczynski said while the mayor and council had, collectively, the power in the town for enforcement of ordinances, the Board of Zoning Appeals and Planning Commission are independent administrative agencies of the town, both who have autonomy based on their legislative creation.
When it comes to the Planning Commission, Kuczynski said town officials typically have no say in what they do, just as the Board of Zoning Appeals has the authority to hear cases brought before it, which are done by application.
The process then requires a hearing. Once there is a hearing, the Board of Zoning Appeals makes a decision to grant or deny the appeal.
If there were to be a problem with the decision, then the process doesn’t go to town officials, it would have to go to Circuit Court within 30 days of the decision.
In regards to Gaber and Castagno’s request, Kuczynski said he reviewed the matter with Faith, the 30 days has passed since the decision was made.
“Obviously there would have been an opportunity to be heard in opposition to the request for special exception, but that came and went,” he said.
“Without anybody knowing, essentially,” Gaber countered.
She argued they tried to get information in a timely manner but were unable to get the information.
Castango added if no one knew about the meetings or decision, how could they counter?
Kuczynski said the meeting was not the time and place to get into if the procedure was or was not followed and whether there was a right to an appeal and if it were timely.
“Unfortunately, the forum for determining that would be in context of an appeal to the
Circuit Court in accordance with the rules, not through the council because the council has no authority to step in, redirect the Board of Zoning Appeals, order it to have another hearing, or anything like that,” he said.
Kuczynski said he’s had this question raised before in his time representing municipalities and people thinking they can bring a complaint to town officials thinking they have “omniscient power” to change everything.
“In the realm of zoning and land use, that is just not the case,” he said.
If there could be a work around through the council, Kuczynski said he’ d talk to them about it, but there isn’t.
Gaber said the only avenue they would have would be through the Circuit Court and Kuczynski was trying to dissuade her from any appeal.
If they were able to get through to the court, Kuczynski said the court would look at whether the ordinance was followed or not and possibly get sent back to the Board of Zoning Appeals, which he said Gaber was asking for, but it wouldn’t be entirely reversed.
Should there be a deficiency in advertising or decision making process, then the Board of Zoning Appeals would have to go back through the process the way it was specified.
“I can’t advise the council that they can step in and do something which I know they don’t have the authority to do,” Kuczynski said.
Gaber said it wasn’t just the dissatisfaction with the decision, it was also dissatisfaction with the process that lead to the decision.
“That’s at the core of it,” she said.
