MA: One Medical Pot Firm Withdraws From Zoning Process

Katelyn Baker

Well-Known Member
Methuen – One of the three medical marijuana dispensaries vying to open up shop in Methuen has changed its plans, with a spokesman for the company saying it has found a new location in the city.

But that location is being kept under wraps for now by those involved with BeWell Organic Medicine Inc. Charles Saba, the company's spokesman and a Methuen resident, said the location would be revealed in the upcoming week when the company files with the city's Planning Board for a special permit.

BeWell Organic Medicine had initially proposed a dispensary for 15 Aegean Drive in Methuen and was scheduled to appear before the Zoning Board Wednesday night seeking a variance for that location. That night, Saba asked the board to allow the group to withdraw their application without prejudice — so they could come back before the board in the future if needed — saying the variance was no longer necessary.

"They pulled their application for the variance based on what they stated, they found a place in which a variance isn't needed," Zoning Board Chairman Matthew D'Agostino said.

The move seemed to have surprised some in the city, with several officials saying in the days following the meeting that they did not know where BeWell's new proposed location would be.

Saba declined to tell The Eagle-Tribune the company's new location on Friday, saying to wait for the Planning Board filing.

D'Agostino said "it's certainly within their right" for BeWell to "keep it under wraps" until the group's presentation to the Planning Board.

"It's not that unusual that people who are putting in a business — any type of business in Methuen — don't let it be known a lot of times, like when they build strip malls, we'll ask what's going in and they'll be vague," he said.

Part of the secrecy could also have to do with the timing, he said. BeWell is one of three groups seeking to open a medical marijuana dispensary in Methuen, all of which are going through that process with the city simultaneously.

"I think because possibly where there are two others of the same type of business, (BeWell) might want to keep it under wraps because they feel (the other groups) might try to beat them to the punch," D'Agostino said.

He added that if BeWell's new location "is a premium that satisfies" all the zoning requirements, "that's a good move on their part."

BeWell was the first of the three groups to come before the city last fall seeking a letter of non-opposition to a proposed medical marijuana dispensary in Methuen, originally at 15 Aegean Drive, Unit 5. A letter of either support or non-opposition is required by the state Department of Public Health in the registered marijuana dispensary approval process.

The company received its letter of non-opposition from the City Council. In the following weeks, Alternative Therapies Group Inc., which already operates a registered marijuana dispensary in Salem, Massachusetts, also received a letter of non-opposition from the council based on plans for a proposed site at 99 Pleasant Valley St.

A third company, Hopkinton-based Natural Remedies Inc., was granted a letter of non-opposition from Mayor Stephen Zanni with a proposed location of 176 Pelham St., currently Galloway's Convenience Store and pizza shop.

Soon after those approvals, Saba said things changed for BeWell. In trying to conform to the city's ordinance, Saba said he "spent three months traveling around Methuen looking for a location, talking to building owners, taking measurements."

"Ultimately, we found a location that conformed 100 percent to the ordinance," he continued.

BeWell was initially seeking a variance from the Zoning Board because its proposed 15 Aegean Drive facility was less than 500 feet from a residence, and in a residential and conservancy district, as well as a limited industrial district, according to the board.

The City Council passed an ordinance in 2015 for registered marijuana dispensaries and off-site medical marijuana dispensaries — those located separately from a cultivation or processing facility — setting guidelines for where those facilities could be located in Methuen.

The ordinance stated that no facility should be located within a 500-foot radius of a school, day care center or any facility in which children commonly congregate. Additionally, no facility should be located within 500 feet of a residence, residential zoning district or Conservancy District Zone, nor located within a building that also has residential units.

Saba said BeWell's new proposed location meets those requirements. That means BeWell can proceed to the Planning Board to seek the required special permit, he said.

Despite the location change, Saba said he was informed by the city solicitor that BeWell would not need to get a new letter of non-opposition.

"The letter of non-opposition is for the applicant to locate within the city of Methuen," Saba said of City Solicitor Richard D'Agostino's decision. "It was not site specific."

The two other companies seeking to build medical marijuana dispensaries are still proceeding with their Zoning Board variance applications. D'Agostino, the board's chairman, said both of those hearings were continued until the board's March meeting.

"It'll be interesting to see in the next month where these people are going," he said. "This is brand new and it's a hot potato subject, definitely."

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: One Medical Pot Firm Withdraws From Zoning Process
Author: Lisa Kashinsky
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Photo Credit: Glen Stubbe
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