Rules adopted in December call for buffer zones; board to weigh process.

A second applicant for a marijuana outlet has emerged in Arlington Heights, days after the first.

A representative affiliated with Northeastern Alternatives, which offers medical and recreational marijuana in Fall River, told the Select Board on Monday, March 11, that he and a partner seek to establish a recreational-marijuana shop at 1306-1308 Mass. Ave., Heights, the former Embassy Cleaners.

That is about 1 1/2 block from Swifty Printing, where Apothca would like to move its 11 Water St. medical-marijuana dispensary, open since October, and also open a recreational-pot shop, aiming to be the town's first.

In response, the board decided to work on a process to field applicants and delay action at least until late April or perhaps May. Under rules adopted at a Special Town Meeting in December, Arlington may approve as many as three licenses each for recreational- and medical-marijuana outlets.

"Any one else want to apply today?" Chairman Dan Dunn asked, joking. That followed comment from Town Counsel Doug Heim and board discussion with two presenters.

Heim referred to a memo he had provided that day following questions raised over the weekend.

Manager says 3 have inquired

Board member John Hurd expressed displeasure with learning about the issue and receiving Heim's memo on short notice. Colleague Clarissa Rowe agreed. "As the first pot shop," she said, "people will be looking at this carefully."

Asked by Joseph Curro Jr. about interest in town from potential applicants, Town Manager Adam Chapdelaine said three groups had reached out to his office, but only Apothca had followed up.

In the light of three licenses, Curro asked: "Is it the first three in the door? ... What is the process?"

One chairman's aside



In a notable editorial aside, Select Board Chairman Dan Dunn said he recently made his first legal purchase of marijuana in Massachusetts, at Alternative Therapies Group, in Salem.



He said he saw details present from Salem police as well as the outlet's own security. He saw two medical tellers and six to eight recreational other tellers.



He said his purchase came in a plastic baggie held by a tamperproof seal.



"That was my experience," he said, the first Arlington Select Board member to do so publicly.





Dunn called it a great question and suggested the Select Board "listen for a while."

Rowe wanted to know the sequence of decision making. The Select Board weighs any applicant's host agreement with the town, but the Redevelopment Board issues a special permit after having an environmental design review hearing. An applicant also faces town Health Board approval.

Attorney Phillip Silverman of Vicente Sederberg and Joseph Lekach, an Apothca partner, represented the applicants for a revised host agreement, aiming to move from Water Street to 1386 Mass. Ave. Lekach called it "a better location," with more parking.

Silverman said the proposed host agreement was fashioned after the medical accord already approved.

Attorney says ATM OK

Rowe asked whether the ATM at the site would be removed.

In the first report about plans for Swifty's site published March 9, the former owner was quoted as saying that, under federal law, a bank cannot operate next to a marijuana shop.

Silverman told YourArlington March 12 that no federal law prevents an ATM from being in an adjoining business. "In fact, it is not uncommon at all," he wrote. "Patients and retail customers would probably prefer it as it means they need not carry a lot of cash a long distance before making their purchases."

Lekach noted his company success included a site on the Lynnway, which 50,000 vehicles pass daily. The company is also hiring for many positions with three job fair days next week, including one in Arlington. See details here >>

Buffer zones

Arlington attorney John Leone introduced potential competition, Steve LaBelle of East Freetown plus a partner, who declined to be named.

Leone said his clients were seeking no immediate decision but wanted to inform the board that partners are looking at 1306-1308 Mass. Ave., in the Heights, for a marijuana outlet.

"Let's who's going to give best deal for town of Arlington," Leone said, noting his clients' experience in Fall River.

Asked what it meant to be "affiliated" with Northeastern Alternatives, La Belle said he and his partner were consultants. He said they have "a complete package ready to submit."

All applications for marijuana shops are subject to a variety of rules approved by Town Meeting December. This includes buffer zones. See the Redevelopment Board report >> For example, separate outlets cannot be within 2,000 feet of one another. Other buffers zones include parks, schools and libraries.

"It's new and should take some time," Rowe said of the process. "I'd like to see people who are interested and what they'll give the town."

She also noted that the two candidates seeking the seat she is filling until the April 6 town election should be part of process. She said she will inform them.

As to timeline, Dunn said the next board meeting would be set aside to discuss the process for dealing with applicants. He said he expects votes on host agreement in late April or in May.

A motion to discuss process March 25 passed, 5-0.

This news summary was published Tuesday, March 12, 2019.