HOLYOKE -- An alleged "marijuana growth operation" in a residential home prompted the City Council Wednesday to halt consideration of a proposal for a recreational marijuana business in a former paper mill.

Numerous issues of "deep concern" were outlined to the council in a late-filed order placed on the agenda regarding a home at 903 Dwight St. owned by David Caputo.

Caputo is spokesman and licensing consultant for Holyoke Gardens LLC. That company had received a favorable recommendation from the council's Ordinance Committee for a special permit for a facility at 5 Appleton St. to cultivate and produce marijuana and marijuana products.

Instead, prompted by the late-filed order, the council took two steps: it referred the Holyoke Gardens application for a special permit back to committee, and requested advice on how to proceed from the city Law Department.

The latter was in relation to issues raised in the multi-page, late-filed order from the police, fire and building departments and the Board of Health. Among the concerns listed in the report, officials said:

"the single family house was being used as a boarding house by definition and the house had extensive modifications to conduct a commercial grow operation"; elsewhere, the report said, "A commercial marijuana growth facility was in full operation in the third-floor attic space of the single-family home";

police removed over 75 marijuana plants from the home during inspections earlier this month -- which followed citizen complaints lodged as early as July alleging a grow operation involving "over 100 plants";

Caputo at times denied entry to representatives of the police, fire and building departments and the Board of Health as they tried to inspect the property;

the home had "extensive electrical and plumbing alterations" to accommodate the growing operation, without required permits.

Caputo was caught off guard Wednesday by the late-filed order and said he has not been involved in any wrongdoing.

"Just found out about it. Total bull---t. I had 19 plants and a bunch of clones. And I was not found to have a boarding house cause I only have three housemates and that is fine," Caputo said in a text message.

"And nobody from Holyoke Gardens lives there. I'm just a volunteer spokesman" for Holyoke Gardens, he said.

A police report that referenced the discovery of over 100 marijuana plants at Caputo's home last year was the subject of a public records request The Republican filed with the Holyoke Police Department earlier this summer.



The department initially denied the request, saying the probe into the matter at 903 Dwight St. was "an ongoing investigation."



But The Republican won an appeal to the state supervisor of public records, and the department provided the document.



According to the report, police investigating the May 19, 2017 drug overdose death of Michael A. Ostapovicz, 56 -- a tenant at 903 Dwight St. -- found "upwards of 100" marijuana plants in various stages of growth in the home's attic apartment, where Ostapovicz lived.

Caputo told a city police detective that Ostapovic "owned all of the plants and used them as his medical marijuana," the report said.

Echoing the police report, Caputo said Wednesday that Ostapovicz had a medical marijuana card that allowed for growing "a lot of plants."



Caputo, who goes by the nickname "Positronic Dave Caputo" and has a business called Positronic Design, said he didn't know why the Holyoke Police Department considers the matter to be an ongoing investigation.



"No idea. All solved. Like I said. I wasn't cited for any code violations," he said.

A fire department report by Lt. Maria Pelchar said a new complaint came in about 903 Dwight St. this year, and that the department inspected the property on Sept. 10.

"We received a citizen complaint that the owner has a marijuana grow in the third floor apartment that is consuming a lot of power, potentially a fire hazard," Pelchar's report reads. "The owner refuses to give us access to inspect, insisting he has a tenant up there who he is trying to evict."

According to a police report included with the materials filed to the council Wednesday, officers were present during an inspection on Sept. 11. In the attic, they found grow lamps, plant food, water and drain pipes, and other items.

"Mr. Caputo advised that his wife had cancer and possessed a medical marijuana card and he thought that he was in compliance with the laws concerning the growth and possession of marijuana," the report said.

Officers removed over 75 plants from the home, leaving Caputo 12 plants as allowed by state law.

This is a developing story that will be updated after further reporting.