Select Board Denies Soldier On Fee Waiver Request, Plus 9 More Takeaways

Water and sewer rates to rise in FY25, but stormwater payments remain flat

Last night after a collective bargaining executive session, the Select Board met with all members in attendance; Mark Kratman appeared virtually.

1. Eco Auto LLC Expands

Al and Michelle Salas appeared seeking a Class I license to sell Cenntro electric vehicles at the 623 Main St. Eco Auto dealership and repair facility. Cenntro makes a variety of delivery and utility vans, an off-road-capable model and other electric vehicles. 

Currently, Eco Auto holds a Class II license. A Class 1 Massachusetts auto dealer license allows the licensee to sell both new and used vehicles, while a Class II license allows the sale of used vehicles only. 

“Business has been going really well — awesome actually,” said Al Salas. “What we’re seeking with this transition is to be able to continue to expand on that mission to lower the barrier to entry to sustainable transportation, whether that’s EVs, hybrids, plugins — at the end of the day, we want to continue to drive down the carbon footprint of transportation, and we see an opportunity to enter into the commercial market.”

The vehicles will be sold to consumers as well as businesses. The board unanimously approved the new license. 

2. Hilton Garden Inn Under New Management

Sharon Shaughnessy appeared for a change of manager request for Hilton Garden Inn. Shaughnessy will be the new manager; she has been with the hotel for about a year as director of sales and previously worked at Woburn’s Crowne Plaza hotel.

The board unanimously approved the change of manager. 

3. TJ Callahan’s Entertainment License Approved

Dawn and Ed Callahan, owners of TJ Callahan’s Pub at 1475 Main St., requested an entertainment license specifically for live music annually from 1 p.m. to 12:30 a.m. on St. Patrick’s Day, which falls on a Sunday this year, and New Year’s Eve. Dawn Callahan said the request is inline with permits granted in previous years.

Several abutters wrote in with concerns, including the Sarina Woods Condo Association. Those residents requested that live music end at 11 p.m. and took issue with the level of amplification. Callahan said no one has approach her about noise.

 The board unanimously approved the licenses.

4. Route 133 Cannabis LLC

After making some headway at Monday’s Planning Board meeting, proponents of Route 133 Cannabis LLC at 1625 Andover St. appeared seeking the town’s third and final retail marijuana license. Dean Graffeo, president of 133 Cannabis, and consultant Caitlyn Samson of Gold Standard Consulting Services spoke for the proposal.

Chair Todd Johnson set ground rules for the discussion by saying that no vote would be taken last night.

Graffeo pointed out that he currently owns a business in town, Smitty’s Liquors on Main St., that sells highly regulated products. He expects to spend $650,000 to $700,000 in startup costs. The site owner will construct the building but will have no ownership stake.

Sampson has 19 years’ experience in the cannabis industry and has owned and/or operated 11 locations, both retail and medical. She signed on to work with Graffeo for three years, helping with all facets of the business, with an option to extend that contract. Based on experience with other shops in Massachusetts, she expects to serve up to 350 customers per day at peak, with the busiest times 4 – 6 p.m. on weekdays and a more even distribution on weekends, with the ability to even out the flow by scheduling online sales. 

She believes $8 million in revenue over the first three years is achievable. The town receives payments based on revenue, so the more profitable the location, the better it is for Tewksbury.

Marketing and security plans are inline with CCC regulations; TPD will have a log-in to be able to access security camera footage.

“We will have a great partnership with local authorities,” said Samson. “We have a zero nuisance policy — we do not allow anything to happen in our parking lot, period.”

Her company has a consortium of retail outlets that purchase product in enough bulk to ensure competitive pricing. Hiring will eventually be 24 to 32 employees at $16 to $20 per hour for hourly workers. There are plans to do clothing and food drives and otherwise give back to the community.

Kratman brought up traffic, saying that while Rt. 133 has some excess capacity, he would like to see a mitigation plan. Samson referenced a wider driveway and right-turn-only exits to keep cars from backing up on Andover St. 

James Mackey commended plans to provide paid time off for employee volunteer efforts and advised Samson to update her ownership information in the packet. He called out the abutting Learning Experience daycare, which is the subject of some concern.

On questioning by Jayne Wellman, attorney James McMahon of McMahon Strategic Development, who represents Graffeo, stated that while the Learning Experience does offer kindergarten, it’s not defined as a K-12 school under state guidelines for purposes of excluding a retail marijuana outlet as an abutter.

McMahon cited a daycare in Brookline that sued to be considered a school to prevent a cannabis shop from opening nearby; that suit was dismissed on summary judgment. He stated that LE is not registered as a kindergarten and would not trigger the buffer requirement.

Wellman asked for a site plan to gauge visibility from the daycare and also questioned how deliveries will work. Samson said there will be small, but frequent, deliveries in plain packaging.

Patrick Holland asked Samson about the particulars of her contract. It has a renewal clause, so she may stay on after the initial term. He also asked about deficiencies from the CCC in other shops she’s managed; there have been several, but they were minor and quickly corrected.

It would likely take about a year to open if a license were granted. On questioning by Johnson, Samson said $3.5 to $4 million is typical for annual sales. He also asked about the high-tech ID scanners they plan to use, which are not the norm in the industry.

“We like to go a step above,” said Samson.

Residents of Deering Drive and Paulie’s Place and representatives of the Learning Experience daycare have attended multiple Planning Board meetings to speak against the proposal, citing heavy traffic currently on Rt. 133, the difficulty of pulling out onto Andover St., the pending conversion of the Residence Inn to apartments and the proximity of the child care center. 

Many of those residents also appeared at the meeting or sent letters, which may be found in the packet, here. Johnson summarized letters from those who did not attend. 

Shannon Doherty, director of Learning Center, cited potential damage to that business if a parent objected to using a daycare close to a dispensary. She also said it’s possible a customer would drop cannabis items that might be picked up by a child.

The owner of LE went further, saying it is “100 percent guaranteed” that he will be forced to shut down the center.

As background, 1625 Andover St. was approved several years ago for a fine-dining restaurant. The lot was rezoned to an Interstate Overlay District at October 2023 Town Meeting by a vote of 78 to 38. That allowed expanded uses to include retail cannabis.

The Planning Board still needs to vote on a site plan review and land disturbance permit. Graffeo will need their OK in hand before March 12, when the Select Board will decide whether to give a license to Cannafords, which is proposed at 2504 Main St. and has Planning Board signoff; to 133 Cannabis LLC, should it receive approval from the Planning Board; or neither, which is also an option.

Johnson recommends that anyone wishing to comment prior to that meeting send correspondence to the Select Board by March 6. Contact info is here.

5. Presidential Primary Warrant

In a routine vote, the Select Board set Tuesday, March 5 as voting day for the 2024 presidential primary and approved the posting of the warrant. Voters can find sample Democratic, Libertarian and Republican ballots as well as information on voting here. The deadline to register to vote in the primary is Feb. 24.

6. Donation by the Lowell Five Bank to the Senior Center

Senior Center Director Jan Conole informed the board that the center received a $2,000 check from Lowell Five Bank. Conole plans to use the funds for a monthly breakfast. The board accepted the donation with thanks on a motion by Holland.

7. Donation by Resident to the Tewksbury Police Department

A donation of $200 was made by Stephen Dalin of 10th St. to the Tewksbury Police Department. This was also accepted with gratitude on a motion by Wellman.

8. Soldier On Request for Permit Fee Waiver Fails

Soldier On CEO Bruce Buckley sent a letter formally requesting that building permit fees be waived for the veterans community being developed at 1660 Main St., in conjunction with Tewksbury Home Build. 

In that letter, Buckley thanked the board for the town’s $500,000 commitment to date and said that, in light of significantly higher than expected site costs, a waiver of permit fees, estimated at between $69,000 and $76,000, would help move the project forward. 

Soldier On has a base contract with Groom Construction for $6,996,460 and a contingency that would cover costs up to $7.6 million, so every bit helps. 

Town Manager Richard Montuori said fees are normally waived only for projects initiated by the town. If the board chose to do so in this case, he would advise moving the money out of the Affordable Housing Trust Fund, which is currently around $6 million, into the general fund.

Chair Todd Johnson stated that he opposed the precedent set by the request and noted that Tewksbury veterans have no preference in being assigned housing. Kratman countered that once veterans move here, they will become residents, but he asked for clarification on where the funds will be directed. 

“Waiving this, does it actually go directly to the veteran services or does it go to the waiver of the fees to a contractor?” he asked.

Wellman pointed out that waiving fees is essentially “paying ourselves” and that while it would be illegal under state law to prioritize Tewksbury veterans for this project, they can certainly apply for the housing. She made a motion to waive the fees up to $76,000 with that amount being transferred from the AHTF to the general fund.

The motion failed three to two, with only Wellman and Kratman voting yes.

Residents can learn more about the Soldier On project here. In addition, Wamesit Lanes will host a fundraiser on March 10 to help with costs. Learn more about that event here, and please consider purchasing a ticket or joining the Carnation in sponsoring.

9. FY25 Enterprise Budgets and FY25 Capital Improvement Plan Presentation

Montuori gave a presentation on the town’s four enterprise funds, for telemedia, water, sewer and stormwater, and the five-year plan for capital expenditures.

Five key takeaways:

> The plan is to replace three miles of water mains per year at a cost of $27 million. Water rates will increase in FY25, from $8.42 to $9.39 per 1,000 gallons at the low end to $19.77 to $22.04 per 1,000 at the high end. The average bill will rise $117 for households using 90,000 gallons. The town did devote its full $9 million in ARPA funds to capital projects, which offset higher rate increases.

> Mackey pointed out that eye-popping water bills are usually the result of meter malfunctions, and the town will undertake a meter replacement project. Having the State Hospital hooked into Tewksbury’s water infrastructure, which is in the works, will come at zero cost to the town and will bring in needed revenue.

> Sewer rates will also go up in FY25 due to increased costs, mainly in the Lowell Sewer Assessment. In the past six years, rates rose just 3%. The average bill will increase between $9.01 and $17.10. 

> For stormwater, the current annual flat fee of $75 will remain the same in FY25.

> Montuori maintains a five-year capital improvement plan totaling $13.9 million, just on the town side. He points out that the stabilization fund allows the town to manage capital expenditures without needing to borrow at high rates.

Some larger items are sidewalks and the purchase of a new ambulance and equipment. 

The full presentation will be posted on the FY25 budget page later today — scroll all the way to the bottom.

10. Board Member Reports

Wellman reported that in honor of Black History Month, the TDEIAC is working with Nancy Reed of the Historical Society and the Tewksbury Police Department to educate the community on the first black police officer to serve in Tewksbury. She thanked the schools for helping to distribute that information.

Wellman also said that she has been asked to serve on the NMCOG steering committee and that the agency will host an “At Home In Greater Lowell” program to discuss the direction of housing in the region. Learn more.

She thanked the board for supporting the upcoming Pride Picnic on the Town Common on Sunday, June 2. Work is ongoing to secure food trucks and entertainment.

Mackey noted the above-mentioned fundraiser for Soldier On to be held at Wamesit Lanes on March 10. He also reminded residents that on March 29, Tewksbury Youth Baseball will hold a golf tournament at Trull Brook to raise funds to bring the Cal Ripkin tournament to town. Learn more about that here.

Kratman said he attended the LRTA meeting, and that the town’s contract has been extended for five years. An expansion of routes in Tewksbury is expected, and he expects to invite the executive director to meet with the town manager, DPW director and town engineer to discuss improvements.

Johnson congratulated the TPD on their MPAC accreditation.

“That’s quite an accomplishment,” he said. “I know it was a multi-year process and a lot of effort went into that.” 

He also reminded residents that Community/Economic Development Planner Alexandra Lowder will hold open office hours in the months leading up to Town Meeting at the Senior Center and Library. A schedule is here.

“Folks often have questions about our zoning and planning efforts,” said Johnson. “I want to thank Alex Lowder for making herself available and putting in the extra time to answer questions for residents.”

The next Select Board meeting will be March 5.