Planning Board Approves Cannabis Site

TEWKSBURY — The Tewksbury Planning Board met on Monday, Feb. 26, 2024 at town hall to discuss a site plan re­view and land disturbance permit application for Route 133 Cannabis at 1625 Andover St.

At the opening of the agenda item, Chair Steve Johnson addressed the audience regarding a re­cently filed lawsuit that had come to the board’s attention just prior to the meeting.

“We’ve all seen it, there’s been stuff that’s come into us… it has to do with a different hearing on a different site that may or may not in­clude petitioners involved in [the 1625 Andover St.] site,” Johnson said. “That is not an issue for this hear­ing; we’re dealing with a zoning issue.”

Johnson warned speakers that if they brought up the lawsuit they would forfeit their speaking time, and that a more ap­propriate venue to discuss such matters would be the Select Board, which deals with retail marijuana licensure.

The lawsuit Johnson ref­erenced was filed on Feb. 19 in Plymouth Superior Court by Cannavana Inc. of Rockland, alleging a breach of contract by in­dividuals involved in can­nabis retail concerns in Tewksbury. Names that appear in the lawsuit in­clude Patrick Nichols and Dean Graffeo of Tewksbury, but refer to different locations than the one before the board that evening.

The suit alleges that monies were loaned to Pat­rick Nichols, Dean Graffeo, and David O’Bri­en to pursue a cannabis license in Tewksbury. Ac­cording to the suit brought by Mario Chiuccariello, O’Brien, CEO and Presi­dent of the Massachu­setts Cannabis Business Association, he claimed he could leverage his connections in Tewksbury to secure a retail cannabis license.

Nichols and Graffeo each had cannabis proposals for businesses lo­cated at 2212 and 2186 Main St., respectively; eight businesses were vy­ing for licenses. Ulti­mate­ly, two of the town’s three licenses were awarded to Smyth Can­nabis for 1695 Shawsheen St. and Lazy River for 553 Main St.

During the Planning Board meeting, Route 133 Cannabis owner Dean Graffeo appeared with attorney David Plunkett, consultant Matt Hamor, and traffic engineer Kim Eric Hazarvartian for the site plan review and land disturbance permit application.

The siting of a retail cannabis outlet has drawn ire from area residents who raised concerns about impacts to traffic and safety, as well as the location’s proximity to The Learning Experience preschool. Hamor review­ed an updated landscaping plan, the inclusion of rumble strips, and additional tree plantings.

Hamor said that by his estimate, the proposed dispensary is about 400 feet from the preschool. Board member Jim Duf­fy praised new landscaping screening, as well as the proponent’s outreach to neighbors.

Plunkett also discussed parking lot management, saying Graffeo is committed to having attendants to direct flow of traffic and ensure no con­sumption of products on the property, which is against state law.

“We are here on a matter that the Common­wealth of Massachusetts legislature legalized can­nabis dispensaries, the Town of Tewksbury ad­opted certain rules and regulations to incorporate that proviso that was enacted by the legislature, and we’re in [a location] that the Town of Tewksbury has indicated would be a spot for which this type of can­nabis retail store would be an allowed use in that area,” Plunkett said.

“We’re very cognizant of trying to address all the concerns of the board… we’re trying to address every issue the board has brought before us,” highlighting Graffeo as a Tewksbury resident and owner of Smitty’s Liq­uors in town.

A zoning change ap­proved by voters at special Town Meeting last fall expanded the Inter­state Overlay District to include areas along Wo­burn Street and Andover Street/International Place.

On behalf of the town, peer review engineer Jef­fery Dirk said that the lot design was “well thought out” and that mitigation efforts were in line with those that have been successful at other dispensaries.

Lowder added that it is the town’s practice to have applicants submit a traffic study six months into full operation, then again at 12 months to identify areas where further mitigation may be needed.

The board voted to ap­prove waivers and the permit application in 4-1 votes, with member Vin­ny Fratalia voting no both times.

Route 133 Cannabis will now go in front of the Select Board to vie for Tewksbury’s third and final retail marijuana li­cense.

The meeting may be viewed online at www.youtube.com/TewksburyTV.