Planning Board Signs Off on MacLellan Oil Development

Residents filled the hall to comment on Andover St. cannabis proposal, Tewksbury Dental parking

The Planning Board met last night without member Jim Duffy. There were no committee reports. The Butler School, 770 Main St., and Holt & Bugbee requested continuances to the Feb. 12 meeting.

In her Town Planner’s report, Community/Economic Development Planner Alexandra Lowder advised the board that at the next meeting, the new Hilton Garden Inn will request a sign special permit. She shared that she is planning “Ask Alex” office hours, where residents can ask questions. Find dates and times here. On Thursday, there will be a Winter Community Market at the Senior Center with two dozen vendors. Finally, Brelundi, the Pull Up and Brothers Sports Bar and Grill are expected to open soon.

Developer Robert Scarano requested and received an extension to the special permit allowing him to construct a hotel at 937 North St., saying “there are several parties interested in purchasing the property.” The approximately three-acre lot is at the corner of International Drive and North St., across from the entrance to Raytheon. Per Assistant Town Manager Steve Sadwick, the 937 North St. lot was not included in the overlay approved at Town Meeting that cleared the way for a retail cannabis outlet at 1625 Andover St.

Consultant Matt Hamor appeared for an approval not required, two-lot residential project planned by developer Jim Andella at 181 Pine St. The board signed off unanimously.

The owners of Dunkin Donuts locations at 1220 and 1992 Main St. appeared seeking permission to install electronic menu boards at these locations. Both sign special permits were approved unanimously.

Retail Cannabis Site Review Continues

Attorney David Plunkett, applicant Dean Graffeo, consultant Caitlyn Samson, Hamor, and attorney James Mason appeared to continue discussion on a proposed retail cannabis dispensary at 1625 Andover St. 

In December, member Vinny Fratalia called the potential traffic numbers “staggering” and requested a peer review of the submitted report. Perspective on that report was offered by Samson. Changes have been made to address other abutter concerns, including a 10 a.m. opening to avoid morning dropoff at the nearby Learning Experience daycare, right-turn-only exits from both sides of the lot, parking lot attendants, landscape screening and fake windows. 

“I have opened and operated 11 dispensaries in the state of Massachusetts,” said Samson, and been involved in two cultivation facilities. She said the average cannabis retailer revenue is $4 to $5 million, and she expects 285 to 300 vehicle trips per day. As to this site, there will be 17 operating dispensaries within a 15 mile radius. Samson expects about 60% of customers will be people who purchase online then pick up, making for faster ins and outs, with peak times 4 – 6 p.m. and 8 p.m. to closing. 

Chair Stephen Johnson said he wants to avoid inconsistency in peer reviews of traffic studies when considering site plan reviews for cannabis dispensaries and asked Samson to step back from numbers and explain how a busy site will be configured to not negatively impact neighbors.

“The parking lot is your first opportunity to lose a customer, so fluidity is very important,” she said, citing two parking lot attendants to help keep cars moving and cameras to identify anyone lingering in the lot after making a purchase. Those ignoring directional signage may be banned from purchasing in the future.

Plunket also addressed the requirement to be 500 feet from a K-12 school; because the nearby Learning Experience offers kindergarten, there was speculation that the site would be disqualified.

“Are we saying that the daycare counts as a school?” said Johnson. “It’s not.”

Ciampa agreed.

“We have confirmation on the record now that this daycare does not disqualify this location because it does not qualify as a school under the Mass. Cannabis Commission,” said Ciampa. “That’s it for us.”

A number of Deering Drive and Andover St. residents stood in opposition, with most citing traffic volume on Rt. 133 as well as the proximity of the daycare and Dewing school. The owner and operator of Learning Experience also spoke. Some abutters said they did not know that an overlay was approved.

“Unfortunately, we were unaware that we changed the zoning,” said resident Patricia Kozik of 1550 Andover St. “I just don’t think this is appropriate for this area.”

Johnson pointed out that Town Meeting, not the Planning Board, changed the zoning to allow retail cannabis and that the Select Board is the licensing authority.

Shannon Doherty, manager of Learning Experience, stated that although under state law the facility is not characterized as a school, children are dropped off by the Tewksbury Public Schools and the site hosts programs for school-age children. There is also a Kindercare in the area.

“We are saturated with children,” said Doherty.

There are also ongoing discussions with town staff on setback requirements and the footprint of the building. The board continued the hearing to Feb. 12.

Smyth Cannabis Changes

Next up, civil engineer Jeff Koetteritz discussed modifications to the site plan for 1695 Shawsheen St. The currently wooded 4.22 acre lot will hold a 6,600 square foot standalone building; 4,510 sf will be a dispensary, with the remaining space housing Smyth’s new corporate office. A retail cannabis license has already been approved by the Select Board.

Koetteritz proposes to remove eight of 72 planned parking spaces, replace a retaining wall with a sloped lawn, reconfigure the loading dock to move it closer to the building and reduce impervious area within the wetlands buffer zone. The plan otherwise remains the same. Member Vinny Fratalia clarified that the eliminated parking spaces would free up space for snow storage. 

The hearing was continued to the Feb. 12 meeting.

Tewksbury Dental

In what seems to be turning into an extremely expensive negotiation, attorney Don Borenstien appeared with an update on 1438 Main St. A plan by the owner of Tewksbury Dental Associates, originally presented in August, to carve out parallel parking spots on Sarina Way is facing stiff opposition from abutters in the Sarina Woods condominium development. 

Borenstien said there have been multiple “lengthy” meetings, around 75 emails exchanged and several site plan reviews.

“The short story is, we’re in active discussion with Sarina Woods,” he said. “I think we’ve made significant progress.”

Sarina Woods spokesperson Arafat Khan disputed that.

“I want to give you the real update,” said Khan. “What has happened is no progress … only one concern has been addressed, and not to the fullest extent.”

Khan characterized the situation as the applicant, Dr. Nitish Nahata, being unwilling to deviate from the plan in its existing shape. That despite skepticism from the town engineer and no approval as yet from the Conservation Commission.

Johnson expressed the board’s frustration with the lack of progress and reiterated a request for documentation of the reason more parking is required, now that the building tenant, a specialized healthcare provider that operates three days per week, has been operational for a few months.

“This is only going to go on for so much longer before we’re either going to kick this thing out, or we’re gonna get back to work on it,” said Johnson.

The proponents and Khan will presumably return with photos of the lot at various hours, or other proof of the need (or not) for additional spaces. The hearing was continued to Feb. 26, and the billable hours roll on.

MacLellan Oil Project Approved

Finally, the four-story apartment development at 1167 – 1187 Main St., in the new Town Center district, received a final stamp of approval. 

Meera Cousens of Civil Design Consultants said that the firm received on Friday a letter from the town’s peer reviewer. 

“It was a clean letter,” said Cousens. “We addressed all their comments.”

With no residents in attendance to speak, the public hearing was closed and the waivers, land disturbance permit and site plan review were approved unanimously.

The next Planning Board meeting will be Feb. 12.