Select Board Votes to Send Main A Option for Vetting, Calling Area De Facto Downtown

Plus cannabis cultivation, snow and ice plan info

The Select Board met last night, with member Mark Kratman joining virtually. 

A cannabis cultivation and product manufacturing operation is proposed for 686 Clark Rd., a 6,000 square foot, industrial-zoned building on a 1.2 acre lot. This is a separate license from the one remaining retail cannabis license; cultivators may not sell to the public. The Select Board must approve the Host Agreement before the Planning Board reviews the specifics of the operation, as an approved HA is a prerequisite for an application. 

Attorney Phil Silverman appeared with 686 Cultivation LLC principals Jeff Derby, who owns Derby Auto Body in Dracut, and Michael Saccone, owner of Tewksbury’s MDR Construction.

They plan to grow cannabis to serve a “select clientele,” with stringent security measures similar to those at retail outlets. The working timeline for opening is about 14 months, said Silverman, as they need to clear the Planning Board and the Cannabis Control Commission.

Member Patrick Holland questioned the siting of the business given that the Tewksbury Knowledge Beginnings daycare is several hundred feet away, across Clark Rd.

Tewksbury’s zoning bylaw states that “no marijuana establishment shall be located on a parcel which is within 300 feet (to be measured in a straight line from the nearest point of the property line in question to the nearest point of the property line where the Marijuana Establishment is or will be located) of a parcel occupied by a pre-existing public or private school (existing at the time the applicant’s license application was received by the Cannabis Control Commission) providing education in kindergarten or any of grades 1-12.” (Page 98)

This is inline with Cannabis Control Commission Regulations 935 CMR 500.110. Knowledge Beginnings does not offer kindergarten, so the site is compliant with the bylaw, said Silverman.

Should the facility be approved, for up to eight years the town could receive up to 3% of the preceding year’s gross sales as an Annual Community Impact Fee to cover actual costs, such as infrastructure improvements, law enforcement and fire protection and inspectional services. However, the town must submit invoices to the CCC to show costs. 

The board tabled the matter until the Dec. 18 meeting to give town counsel an opportunity to make recommendations.

Because Friday’s planned Friends of the Elderly dance has been canceled, there was no need for the Village Inn one-day liquor license hearing. 

Recently, resident Kevin Delaney, president of electrical and integration systems contractor DEI Systems, donated to Tewksbury Youth Soccer the materials and labor to upgrade the lighting on Frasca’s upper field, where older children play. Keith Menslage, president of the Tewksbury Youth Soccer League, appeared to explain that the new lighting helps keep players safe and allows for a few more hours of practice, and how Delaney came to take on the project.

“He basically said, ‘I’m willing to do this for you if you can get approval from the town,’” said Menslage.

The town signed off, and Delaney and his company installed the new lighting.

“You had an issue, you found a way to solve it,” said Vice-Chair James Mackey. “Kudos for finding a way to get it done.”

The Select Board formally accepted the gift with gratitude to Delaney and TYSL. 

DPW Director Kevin Hardiman and Assistant Director Dave Lizotte made the annual snow and ice presentation. The DPW and Park Department staff of 31, the school maintenance team, and 40 to 60 contractors clear approximately 320 lane miles of roads, 29 acres of parking lots and over 23 miles of sidewalks — up from 19 miles last year, said Hardiman. 

The town has three specialized sidewalk plows, with various attachments; areas around schools are the top priority, followed by town service then other areas. If a walkway is not plowed, it may be because of an obstruction, which Kratman called out as a problem that the town should ask utility companies to address. 

Hardiman reminded residents of Tewksbury’s overnight and inclement weather parking ban. An obstruction to plowing, such as a basketball hoop, hockey net or snow deposited on a sidewalk or in the road, is punishable by a fine of up to $100.

The town conducts anti-icing operations before a storm, then de-ices after plowing. Sidewalks are addressed after all roads are cleared. Plowing begins when two to three inches of snow has accumulated. The first pass is about keeping roads passable; at the end of the storm, plows push back any snow piles and clear corners to provide maximum clearance and sight distance. Salt is spread as needed to prevent ice formation. The DPW will clear snow from the Ryan/Center Elementary School campus.

Hardiman said adjustments this year to provide better service include modified assignments covering 48 routes that take a similar amount of time; using Bobcat loaders to clear parking lots so trucks can be assigned to street routes; and adjusted contractor rates to meet market pricing. 

“We keep our fingers on the pulse of what other communities are doing,” said Hardiman. “We try to increase our rates that so they’re competitive enough that we get the drivers we want but not exorbitant.”

Contractors this year can earn between $115 and $170 based on equipment, with possible incentives for returning drivers; that’s less than Lowell but above the MassDoT scale of $90 to $158. Each driver receives a detailed map of his or her assigned route. 

Given that salt costs have risen significantly — from $46 in the 2019/20 season to $66 now — there’s also a focus on reducing salt use without sacrificing safety.

Hardiman asks residents to take a few specific steps:

• Observe winter parking bans and remove all roadside obstacles. Keep trash and recycling containers off the street and interior to the driveway opening;
• Reduce your speed and drive cautiously;
• Clear snow away from hydrants in front of your home or business and shovel to open catch basins that may become covered with snow-pack to allow streets to drain as snow melts;
• Don’t plow or blow snow onto the road;
• Understand that when the snow stops, the plowing operation has not, so plows may need to push back piles that fill in and block your driveway.

He added that a mixture of sand and salt is available at the DPW — for residents only — at a designated area outside the DPW gate. BYOB (bring your own bucket). As to what to do if your road is missed or you need to get out urgently, Hardiman said to call the DPW during business hours. If it’s off hours and an emergency, call the police department and dispatch will get in touch with the coordinator. If it’s a non emergency, please use the town’s service request system.

“You’re not monitoring Facebook, right?” said member Jayne Wellman. 

Mackey suggested a “red light, green light” indicator on the DPW website showing when plowing has begun and when it’s over, so residents can put off calling if work is ongoing. Hardiman said he would look into that.

MBTA Communities Law

Community/Economic Development Planner Alexandra Lowder and Assistant Town Manager Steve Sadwick joined the board for an MBTA Communities presentation. Two areas were offered for consideration.

Main Street A is an 84-acre site bordered on one side by Shawsheen St. and runs from Oakdale Plaza and the Shell Station to just after Jon Ryan’s Pub and Aubut’s Plaza. It encompasses the Tree House Brewing lot and buildings but not the golf course, as that is protected open space.

Main Street B begins just after Hinckley Rd. and runs through Orchard St. It contains about 180 acres and encompasses Heatherwood, TJ Callahan’s, Kyoto, St. Williams (but not the open space behind the church), Tewksbury Dental and Cafe Sicilia. 

Lowder first presented the MBTA Communities law to the Select Board in 2022, and Sen. Barry Finegold and Rep. Dave Robertson attended last week’s Select Board meeting to provide information and listen to concerns. The final zoning approval is up to Town Meeting; if the area recommended by the Select and Planning Boards and accepted by the state is not approved, the process starts again for October Town Meeting — with all districts back in the loop, as Planning Board Chair Stephen Johnson recently pointed out.

Montuori’s recommendation was to send both Main A and B to the Executive Office of Housing and Livable Communities for feedback.

“The reason to present both would be to give us backup in case one is not approved,” said Montuori. “It’s a 90 day window when you send any district into the Commonwealth, and I believe the Commonwealth is taking close to the full 90 days.”

Wellman asked that residents — and developers — be provided with a design guide that specifies, for example, maximum building height or that only 30% of the lot may be used, and that offers opportunities for adaptive development that will increase our affordable housing stock.

“What I’m hearing from residents over and over and over again is, ‘Please don’t put up a giant apartment building,’” she said, adding that it makes sense to bake the town’s design priorities into the zoning language, given that Main A is currently operating as Tewksbury’s downtown.  

 “It’s important for us to be more aggressive,” she said. “We want to take the time to make sure that this area develops the way we want it to.”

Having design guidelines may also help the measure pass at Town Meeting and will enable the town to inform developers of expectations upfront.

Kratman reiterated his grievances with the 2021 law. 

“The money that they’re threatening to take away from us isn’t even close to the cost of what it’s going to be for us to deal with the mitigation cost that’s going to happen,” he said. “They gave us nothing other than threats that you must do this. And I’m just not happy with it.”

He also complained that the town has not consistently won grants from the state. 

“We’ve applied many times for grants and programs and we’ve been left behind a bunch,” he said. 

Failure to comply won’t help there. In August, the state announced that, along with previously announced penalties including civil enforcement actions, towns that fail to follow the law will be ineligible for Community Planning Grants, the Massachusetts Downtown Initiative, Urban Agenda, Rural and Small-Town Development Fund, Brownfields Redevelopment Fund, Site Readiness Program, Underutilized Properties Program, the Collaborative Workspace Program, Real Estate Services Technical Assistance, Commonwealth Places Programs, Land Use Planning grants, Local Acquisitions for Natural Diversity grants, and Municipal Vulnerability Preparedness Planning and Project Grants.

“This is an evolving process,” said Montouri. “We can address impacts and mitigation when developers come in and make their proposals.”

Both Mackey and Holland brought up the possibility of “double jeopardy” should the State Hospital land be developed, a possibility that was discussed with the delegation, and Mackey stated he is not in favor of offering two options to EOHLC.

Sadwick characterized submitting two options as hedging our bets given uncertainty over what the state will come back with.

“The ultimate approval is Town Meeting,” said Montuori. “We’re down to a little over a year until we need to be in compliance, whether you think it’s fair or not.”

Mackey agreed with Wellman that design guidelines are needed, questioned the minimum lot size of 10,000 square feet, and asked about the status of mixed-use, where a restaurant might be below housing. Sadwick said retail or some other type of commercial is allowed.

While Chair Todd Johnson acknowledged his colleagues’ concerns, he pointed out that this is state law. 

“Like it or not, in my opinion, we need to comply,” he said. “We have never walked away from a responsibility.”

He advocated putting forward both districts to keep all options on the table and get the benefit of input from the state. Wellman made a motion to put forth both Main A and Main B, contingent on further discussion or requests to the state for design guidelines and answers to inclusionary zoning questions. That motion was seconded by Johnson but failed three to two. 

Mackey made a motion to submit only Main A with the design caveats put forward by Wellman, who seconded it. That motion passed three to two. Holland and Kratman voted no; neither put forward an alternative motion.

The board next took up the annual liquor, common victualler, amusement, entertainment and class (auto sales) license approvals. Thirty-five liquor licenses, 49 victualler licenses, two amusement licenses, six entertainment licenses and 11 class licenses were unanimously approved as slates.

In member reports, Wellman reminded residents of the tree lighting and Tewksbury Congregational Church pie social on Friday.

The Select Board meets next on Dec. 19.