GREENFIELD — The Zoning Board of Appeals wrapped up a roughly three-month-long public hearing process on Thursday after an Arch Street cannabis grow facility declined to meet noise mitigation conditions the board deemed necessary to maintain the business’ special permit.

On July 17, the ZBA found 15 Arch St. LLC, a cannabis grow facility located in the city’s General Industry zone, to be in violation of its special permit after residents abutting the facility alleged that its compressors made a perpetual humming sound. In an effort to put the business back in compliance, John Hadden, a co-owner of the facility, agreed to construct an L-shaped, roughly 8-foot fence around the site’s compressors to mitigate noise.

The ZBA required that he submit a proposal outlining a contract and proposed date of completion for the fence installation. At Thursday night’s meeting, however, Hadden opted to appeal the board’s decision, rather than comply with what he referred to as a costly mitigation project. Hadden argued that the ZBA’s decision was made in error, claiming that his business’ location in an industrial zone and adherence to the conditions issued in his original special permit kept him in compliance.

“At this point in time, in our opinion ... despite the board’s decision, which I fundamentally disagree with, I do not believe that we are violating the noise ordinance of Greenfield or the terms of our special permit,” Hadden told the ZBA on Thursday. “We asked you, ‘Can we do this?’ and this same board said, ‘Yes.’ We gave you specific information about what it was going to be, you had all the time to look it over and ask us questions about it, and then you gave us permission to do it. Now we’re doing it, and now you’re finding us in violation for doing exactly what you gave us permission to do.”

In response, ZBA Chair David Singer reminded Hadden that the board had already made its decision and that he had the right to appeal it. Singer also argued that the site’s noise potential was not accurately disclosed when the company’s special permit was initially issued, citing meeting notes from the initial special permit review.

Hadden said he plans to file an appeal to the board’s decision that 15 Arch St. LLC was not in compliance.

“We didn’t give permission for you to make the amount of noise that you’re making,” Singer said. “Your representative of 15 Arch St. LLC responded, ‘The condensers are residential scale and not loud at all,’ which caused the board not to impose conditions.”

Manufacturing permit

After confirming the board’s decision that Hadden was not in compliance with 15 Arch St. LLC’s special permit, the ZBA took up the business’ application for a separate special permit to manufacture cannabis concentrate, also known as “rosin” or “hash,” which Hadden withdrew after the board indicated that it would likely be denied.

Hadden explained to the board that the process of pressing and processing cannabis trichomes, a THC-filled substance that falls off of a marijuana plant while it is grown and harvested, is completely silent, odor-free, and would allow his business to profit off of a byproduct that would otherwise go to waste.

In response, ZBA member Debra Gilkes said she did not feel comfortable taking Hadden at his word when he said the process would not add any noise to the facility’s day-to-day operations, or that the business owner would comply with the conditions the ZBA might place on the new special permit.

“I am not confident that we’re having good back-and-forth here in regards to intention and follow-through, so if we allowed this special permit, which, on the surface, seems very reasonable, if we were to apply any conditions, I am not confident that all of those conditions would be followed through in the intent that we meant them,” Gilkes said. “I personally feel as though things were said and that we were told things were going to happen … that did not occur.”

Board members Peter Wozniak and Mark Maloni echoed Gilkes’ remarks, arguing that the company had told the board that it was interested in installing noise mitigation infrastructure for months, but ultimately decided not to.

“I don’t see any empathy on their part to be a good neighbor, and they expect us to give them another permit,” Wozniak said.

Before the board would have taken a vote on the special permit to manufacture cannabis concentrate, they allowed Hadden an opportunity to withdraw the request, given that a permit denial would prevent him from reapplying for another two years.

“The market is difficult right now. ... We were just looking for ways to grow our business,” Hadden said. “An extra license would have given us many opportunities without any negative impact.”

Anthony Cammalleri can be reached at acammalleri@recorder.com or 413-930-4429.