Unanimous Support Required

With Selectman Cicolini recusing himself from an upcoming vote on permits for marijuana establishments, applicants will need the backing of the other four selectmen

By Mark E. Vogler

SAUGUS – Any of the candidates hoping to open a marijuana establishment in Saugus will need the unanimous support of the four selectmen who will be voting on whether to grant them a special permit for zoning. Selectman Jeff Cicolini recently told his colleagues that he received an opinion from the state Ethics Commission that he must recuse himself from any vote because of a potential conflict of interest – one of the seven companies is a client of his accounting firm.

But the vote by selectmen on the S-2 permit, which requires a four-fifths approval, is one of a few hurdles the candidates must overcome in order to operate an adult use retail marijuana dispensary in town. If a company receives the unanimous backing of the four selectmen who will vote, the next step would be to enter into a host community agreement with the town manager. And, finally, the Cannabis Control Commission would have to issue them a license. Getting all four remaining selectmen votes poses a challenge, though, as Selectman Michael Serino had previously said that he would prefer to see a ballot question be put before Saugus voters.

Town Manager Scott C. Crabtree announced this week that the Marijuana Establishment Review Committee had recommended two of the seven companies that responded to a Request For Information (RFI) be granted special permits: Uma Flowers and Sanctuary Medicinals (see related story).

Board of Selectmen Chair Anthony Cogliano said he planned to call in all seven applicants for the S-2 permits and “do our own thorough investigation into each of the companies and their locations.” Cogliano questioned whether the businesses recommended by the Marijuana Establishment Review Committee offered the best locations for the town. He also took issue with a criticism directed at him in the report by one of the companies recommended by the committee, Uma Flowers.

“During the site visit, the Respondent stated that Anthony Cogliano, chairman of the Saugus Board of Selectman, told them a license was already approved for 44 Broadway and the locations are too close to each, therefore, they would have to wait to the next round to apply again or find another location,” the committee report noted.

Cogliano called the comment in the report “a dig against me by the Town Manager because I know the applicant from Bostica ….which is probably why they evaluated him so poorly.”

“What I said to the representative from Uma Flowers is that I wish they had a different location as there is another applicant right next door and they both were very impressive at the Community Outreach meetings I moderated,” Cogliano said.

“Never did I say the other place had a license, and the representative from Uma Flowers, whoever it was, obviously knew no one had been licensed. Like I said, it was a cheap shot from the manager, nothing I didn’t expect,” he said.

The Saugus Advocate requested reaction from each of the selectmen about the committee’s report. This is what each member had to say:

Board of Selectmen Chair Anthony Cogliano

I appreciate the long-awaited report by the Manager’s Cannabis committee. He [Town Manager Scott C. Crabtree] originally told me it could take up to three months, it ended up taking eight. The report is thorough, and it gives us a basis of where we go from here. I intend to call in all seven applicants for the S-2 permits and do our own thorough investigation into each of the companies and their locations. As you may or may not know, the Board of Selectmen are the S-2 permit granting authority. One of the things that jumps out at me in the recommendations is that they picked two locations north of Walnut Street, which doesn’t make much sense to me. It doesn’t seem very convenient to our residents. After sitting through all of the community outreach meetings I knew the decision would be difficult as all the companies put forth great presentations. The Board has our work cut out for us.

Board of Selectmen Vice Chair Debra Panetta

This report is very thorough and informative. I understand that the Committee spent many hours reading the thousands of pages of information that they received from these potential applicants. This was followed by individual presentations, much research, and site visits.

The report is professionally written, and clearly outlines the pros and cons of each interested party. I would like to thank the Marijuana Establishment Review Committee for their time and efforts in putting forward this comprehensive report. I would also like to thank all the marijuana establishment parties for their interest in opening up a facility in Saugus.

I do think it is important that everyone understands the process moving forward. The Board of Selectmen are responsible for granting a Special Permit for zoning (Article 22 of the Zoning bylaws). Next, the Town Manager enters into a host community agreement. This is followed by the State, where the Cannabis Control Commission issues the license.

It’s also important to note that the Committee did all this work over and above their full time job responsibilities. I sincerely appreciate their efforts. Thank you.

Selectman Jeff Cicolini

I recently became aware of a conflict as one of the applicants is a client of my firm. This is the correspondence I sent to my fellow board members and the town manager:

“Unfortunately, after finally receiving the names of the 7 applicants, one of them, Triple M, is in fact a client of my firm. I called the ethics commission and spoke to Attorney Lauren Duca and submitted the facts to her. I just heard back from her and unfortunately, I must recuse myself from the entire S-2 permitting process for this matter. Under section 19, because the BOS’ decision could have a positive (expansion) or negative (not selected so no expansion) on my firm’s client, I am specifically prohibited from participating in any and all phases of the decision making process, including deliberation, hearings and site visits etc. I am disappointed about this as I looked forward to the process and seeing this through to completion.”

Selectman Corinne Riley

I want to thank the Marijuana Establishment Review Committee for their time and effort in producing their report. The report provides a useful evaluation, particularly regarding location/site, economic viability, and experience of each respondent. I also like that the report provides a scoring breakdown of criteria for each respondent.

One of the main reasons marijuana was approved in Saugus was the economic benefit to the town. I look forward to hearing from the respondents, about potential economic benefits at upcoming hearings, and I also look forward to hearing what the public has to say.

Selectman Michael Serino

In November of 2016, Massachusetts voters did approve a ballot question approving the state-wide sale of recreational marijuana. Saugus voters did not support the sale of recreational marijuana by a margin of 53% to 47%. Under state law, any community that did not support the sale of recreational marijuana, could pass a zoning by-law prohibiting Adult Use Marijuana Establishments. Consequently, in 2018 Town Meeting, by a unanimous vote, passed a zoning by-law prohibiting Adult Use Marijuana Establishments in Saugus.

However, in May 2020, Town Meeting voted to approve a change amending the town’s zoning by-laws to allow Adult Use Marijuana Establishments in Saugus on Route One.

At that time, I did speak on the issue and suggested that a ballot question be put back before the voters of Saugus. Under Massachusetts law, Saugus could approve up to three Adult Use Marijuana Establishments.

The Town of Saugus did issue a request for information “RFI” to interested parties seeking to operate an Adult Use Marijuana Establishment in the Town of Saugus. Seven companies completed and submitted an “RFI” to the town. Under the “Local Control” provisions of Mass General Laws Ch 94G section 3, municipalities have the authority to negotiate and enter into a Host Community Agreement “HCA” with marijuana establishments. Moreover, a “HCA” agreement must be completed before a marijuana establishment can submit an application to the Massachusetts Cannabis Control Commission for a marijuana license. According to Saugus’s Town Charter, the Town Manager has the sole authority to negotiate all contracts, which would include any Host Community Agreement (“HCA”). According to the Town of Saugus’s Zoning By-laws, the Board of Selectmen would need to approve the location, by the issuance of an (S-2) zoning permit.

The Board of Selectmen recently received the recommendations of the Marijuana Establishment Review Committee. According to the guidelines of the Massachusetts Cannabis Control Commission, municipalities are encouraged to develop a process that is fair and transparent and suggests that a municipal review committee be established.

Unfortunately, at this time, it would be illegal for me to discuss the recommendation report or the applicants before a public hearing is conducted. However, I would like to offer my sincere gratitude to the people who served on the Marijuana Establishment Review Committee: Police Chief Michael Ricciardelli, Fire Chief Michael Newbury, Director of Public Health John Fralick, Procurement Director Michele Wendell, Planning Board member Jeanette Meredith and Building Commissioner Michael LaVecchia.