Select Board Denies Sundaze, Accepts 133 Cannabis Withdrawal Without Prejudice

Trahan reuse RFP will be reissued, though Boston Hockey Academy still in play — along with third retail marijuana license

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

Retail Marijuana License Decision
Two proposals were in front of the board.

First considered was an application from Sundaze, for 2504 Main St., the former Sal’s Pizza location. In the first round of license hearings, the company’s application was denied unanimously. Several Select Board members, including Vice-Chair James Mackey, said the application had improved, but Kratman and Holland called out issues with traffic and parking, while Jayne Wellman pointed out that the location is not near any highways. She cited “the ability to maximize revenue generation, to minimize traffic impacts in our local streets and to minimize impacts on residential neighborhoods” as top considerations.

Chair Todd Johnson agreed with his colleagues that the location is not optimal given heavy traffic in the area. He also called out a contrast with Tewksbury’s two current license holders.

“Both of those applicants were owner-operators with experience, and that makes a big difference,” said Johnson. “They have a track record. They have ample capitalization, and they have current business operations that are in the industry. So we know what they’re about. And the chances of success, in my opinion, are greater because of that.”

On a negative motion by Kratman, the Sundaze application was denied 4-1, with Mackey dissenting. 

Given the recent lawsuit, Dean Graffeo, the owner of 133 Cannabis LLC, asked the board to withdraw his application without prejudice until he is able to address the charges, which he characterized as “the unsubstantiated allegations of a failed candidate for a previous license” that was “strategically timed.”

“It is clear to me the intent was to try to smear my name and interfere in this process,” wrote Graffeo. 

Wellman thanked the residents in attendance, many of whom opposed this application based on its proximity to a childcare facility. She called out the Cannabis Control Commission, which failed to assist the town in determining whether it might consider the daycare a kindergarten for purposes of triggering a buffer and denying the application, even if the board granted the HCA.

“I personally called the CCC and emailed the CCC, the Cannabis Control Commission, to receive guidance from the state,” she said. “I did get some information that they thought that it ‘might’ qualify under the school provision.”

She then asked that town counsel seek further guidance. 

“He was unable to do so because they don’t return phone calls, and they don’t answer their phone,” she said. “For a state agency that should be offering guidance to communities that are going through these processes … they just really missed the mark.” 

The withdrawal without prejudice was accepted 5-0.

Kratman then made a motion for a one-year moratorium on accepting or considering new applications.

“We’ve been spending quite a bit of time reviewing these applications, and seems like we’re getting multiple applications, the same locations, and there’s been a lot of other things that are going on in town,” he said. 

Mackey disagreed.

“We did this as a way to generate revenue,” he said. “Based on the past few months of discussion around budget and potential shortfalls and the threat of a deficit in coming years, I do not believe it would be prudent.”

Ed note: In the recent School Committee negotiations, Town Manager Richard Montuori showed a chart projecting revenue shortfalls beginning in FY26.

“Everyone on this board hears the concerns about empty storefronts in town,” added Mackey. “I don’t know why we would want to take away a mechanism to fill empty storefronts.” 

Wellman asked for clarification on Kratman’s aim with the motion. He responded that it’s about seeing how the two approved outlets perform financially before granting the third license. One of the approved stores, Smyth, recently received provisional approval from the CCC.

Wellman said that while she shares his frustration and has no interest in “holding a spot” for any applicant, she does not want to miss an opportunity for revenue. In a comment after the meeting, she added that a moratorium would also hamstring the board after the 2024 election.

Kratman’s motion failed 3-2 with Johnson voting with Wellman and Mackey, Holland with Kratman. 

While he supports the concept of a pause, Johnson said he had to weigh the fact that any business operator has a right to bring an application forward.

“I wish the board well in the future while they address this,” said Johnson, who is not running for reelection.

Shawsheen Valley Stabilization Fund
Residents may recall the board tabling a request from the Shawsheen Valley Technical School District to establish a stabilization fund that would be funded with the excess and deficiency — surplus or deficit — monies certified at the end of every fiscal year. Regional schools may carry up to 5% of their budgets in an E&D fund.

Shawsheen Superintendent Tony MacIntosh appeared along with Tewksbury’s Shawsheen School Committee members, Patricia Meuse and Cheryl Bartelone, to clarify the proposal, which involves transferring money out of that excess and deficiency fund and into the stabilization fund to be expended on capital projects.

“Our building is 54 years old,” said MacIntosh, citing mechanical and other systems that may need major repairs. “We’re trying to be proactive here. We’re trying to get out in front of this.”

He added that the school plans to apply to the Massachusetts School Building Authority for a feasibility study for a new school, but in the meantime, there are projects that need to be addressed.

Johnson asked who would control the fund, if Tewksbury Town Meeting established it. The answer is the Shawsheen Tech School Committee, and there is a cap on the amount of spending. Several other area tech schools have these funds.

Holland asked whether, if there were no excess money, the school could assess each of the cities and towns 5% towards the fund. MacIntosh said no, that once assessments are finalized, they’re final.

“It is not our intent at any point in time to add any kind of rider or anything to our sending communities,” said MacIntosh. “We returned about $342,000 to our sending communities last year.”

Wellman expressed concern that some future administration might choose to add stabilization fund revenue to the assessment.

“I would love to see language that’s memorialized in the creation of a fund that says ‘it is funded through excess and deficiency — certified assets,’” she said, such that towns could not see 5% tacked on to assessments in the future. 

“This is just another mechanism to allow us to save some funds,” said MacIntosh.

Town Manager Richard Montuori said he has put a placeholder for the fund on the warrant, so the matter will be discussed by the Select Board and Finance Committee and voted on in May. Residents can read the letter sent by MacIntosh here. 

NMCOG Presentation
Jenny Raitt, Director, and Kelly Lynema, Deputy Director of the Northern Middlesex Council of Governments, aka NMCOG, outlined the work the regional planning agency does, including with the LRTA and assisting the town with its housing production planning. Raitt called out Tewksbury’s success saving money with the Green Communities program.

Lynema said the agency receives its funding as well as grants from the state and federal government. Tewksbury will receive a zoning and plan review to hopefully find new funding opportunities.

Residents can learn more about NMCOG’s work here.

With no resident comments, Johnson moved on to new business.

Tree Hearing Objection
DPW Director Kevin Hardiman said there was a request for removal of a town-owned tree, a 29- inch, 100-foot tall pine located between 49 and 59 Compass Lane.

Michael Narakiewicz of 59 Compass Lane said that while the tree is healthy now, several limbs have come down and knocked out power, internet and cable. That has led to loss of income and higher costs.

“This is not an ideal tree for the town’s right of way,” Narakiewicz said. 

Kathleen Geyer of 49 Compass Lane, who opposes removal of the tree, said she generally takes her dog out in the front yard due to large coyotes that are in the back of her home during the day and overnight. The tree provides shade and a wind break. She said limbs also fall on her property, but that the tree is healthy and the recent large limb drop was due to significant snow and high winds.

Mackey asked if the town could plant a replacement tree. Hardiman said the town could replace the pine with a hardwood tree, and that could be planted in the general vicinity of the pine, though there are limitations based on the configuration of Compass Lane.

The request to remove the tree was granted on a 4-0 vote, with Johnson citing the safety factor and asking the tree warden to find a suitable space for a new tree. Kratman voted nay.

Trahan Elementary Reuse
Montuori reported that there were no proposals in response to an RFP for use of the Trahan property, though he did hear yesterday from Boston Hockey Academy that they still have an interest, as does the Tewksbury Housing Authority. He recommended re-advertising the RFP while also following up with the hockey academy and HA.

“I do think it’s a great opportunity to preserve that as open space for the town, ideally,” said Wellman. “And I’m certainly in favor of the whole area being a park.” 

She said athletic field space would also be welcome and offered a motion to go back out to bid. Mackey supported that motion and asked Montuori to be more aggressive in its advertising. That passed unanimously.

Sale of Town Land
The board unanimously approved the sale of five parcels totalling .25 acres to residents with the highest bids, as authorized by Town Meeting. Revenue for the town is $35,550. 

Annual and Special Town Meeting
The board formally notified voters of the annual town election on April 6 and Annual Town Meeting on Monday, May 6. There will also be a Special Town Meeting on Wednesday, May 8.

There were no board member reports. The Select Board meets next on March 19.