The medical marijuana provider that backed off a proposed Kondelin Road site in the face of intense neighborhood opposition has filed new plans to open a potential second local dispensary in a building in Blackburn Industrial Park.
Representatives of the Boston-based Mayflower Medicinals, who filed applications with the City Council and for site plan approval from the Planning Board on Wednesday, have already secured a signed letter of “non-opposition” and host agreement from the city.
The new Mayflower site at 41 Great Republic Road sits just across the road from the 38 Great Republic site where Happy Valley Ventures, another medical marijuana nonprofit, proposes its project. Happy Valley filed its applications and site plans with the Planning Board on Sept. 7.
The city’s medical marijuana facility ordinance, amended this summer to better define zoning designations, precludes such facilities from opening within various distances from schools, churches, residences and bars – and bans them from operating within 1,500 feet of each other. Regardless of where Mayflower or Happy Valley may build on their respective site, any new construction would be within 500 feet or less from the other, a Wednesday visit to the location found.
The new proposal
Frank Perullo, a spokesman for Mayflower which is headed by CEO John Henderson, said Wednesday that his company’s new proposal calls for leasing a projected 2,500 square feet of unused space within the existing 23,788-square foot structure. The building was constructed in 2007 and is still owned and occupied by Swan Net East Coast Services Corp.
Perullo said that Mayflower, which would grow the medicinal marijuana at a separate facility in Holliston, would simply rent the space as a dispensary, with no production on site.
By contrast, Happy Valley Ventures is seeking permits for two structures: one for a dispensary that would include a “cultivation and packaging” component, said Joel Favazza, the local attorney representing South Carolina-based company owner Michael Reardon. The second building, Favazza said, would be a primary cultivation facility.
Happy Valley has secured a purchase-and-sale agreement for the 3-acre site from the Great Republic LLC investment trust, headed by Thomas Spittle. Favazza has not disclosed a price for the pending deal, but the site is assessed for $259,200, according to city records.
The restrictions on the distance between medical marijuana facilities pose a number of questions, city officials acknowledged Wednesday.
“It’s free enterprise, and nothing says we can’t have more than one (facility),” said City Council President Joe Ciolino. But the 1,500-foot separation mandate “certainly raises an issue.” he said.
Planning Board Chairman Rick Noonan, whose panel would handle both projects, said he hasn’t yet seen plans and can’t comment on specifics. But he noted differences between Mayflower’s proposal, which centers on a lease agreement in an existing space, and Happy Valley’s which calls for new construction and would generate revenues in lieu of property tax payments.
“The timing of it is just difficult.” Noonan said. “Is it a horse race to see who gets a first approval? Do we look again at the ordinance? I don’t know.”
City Planning Director Gregg Cademartori agreed, saying that, under current zoning, “the two (competing facilities) obviously can’t both exist.”
“As to what part of the process that is brought together, that’s a good question,” he said.
Dual host agreements?
At the center of the quagmire is a July 12 signing by then-chief of administration and current Community Development Director Daniel Smith, which granted Mayflower a host agreement similar to the deal Happy Valley reached with the city in May. Perullo said Wednesday that Mayflower’s deal is virtually the same as Happy Valley’s; the Mayflower agreement calls for the company to pay the city $100,000 or more and 5 percent of its gross revenues annually, beginning with its third year of operation, and payments in lieu of taxes, which nonprofits are not required to pay. Both companies, as required by the state’s Department of Public Health, are nonprofits.
A July 25 letter from Favazza to Mayor Sefatia Romeo Theken – copied by Ciolino and others, and obtained by the Times – questioned how and why Smith would sign off on a host agreement and letter of non-opposition for a site that clearly does not meet city zoning standards.
Favazza would not comment Wednesday on the letter’s contents, but it indicates that Smith first said he was unsure of the site, then said later that he knew “very little” about the plans and was trying to steer clear of it because Mayflower was being represented by “a close personal friend.” Former Mayor Bruce Tobey has been representing Mayflower locally in moving the project forward, and Smith said he and Tobey are longtime friends.
Smith conceded Wednesday that he was not aware of the potential Mayflower site and the ordinance space mandates.
Counsel, mayor
“I signed off because that was what was presented to me by general counsel (Chip Payson),” Smith said. “I signed on behalf of general counsel and on behalf of the mayor, who was not there at the time.”
Favazza’s letter, however, notes that Smith had signed off on the Mayflower agreement before he said he knew little about and was “keeping his distance” from the project. Favazza’s letter calls Smith’s actions “troubling.”
“The fact that I am unable to get honest answers from a member of your administration who has a ‘close personal’ relationship with Mayflower’s representative … reflects poorly on the city and integrity of this permitting process,” Favazza wrote.
Smith said Wednesday he finds Favazza’s comments “disingenuous,” reiterating that he signed the agreement on behalf of the mayor and Payson.
Romeo Theken said Wednesday she has backed signing letters of non-opposition to bring the issues to public hearing – something Ciolino, Noonan and Cademartori all confirmed would be the case.
“These aren’t letters of support, they’re letters of non-opposition,” she said, “and they’re all about getting input from the public. Should we have two, one, none? Where should they be? This should be for the people and the council to decide.”
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: New Plan Filed For Medical Marijuana Dispensary
Author: Ray Lamont
Contact: (978) 283-7000
Photo Credit: Mike Springer
Website: Gloucester Times