Page 2 THE SAUGUS ADVOCATE – Friday, May 3, 2019 Neighboring communities in court over pot shop Saugus challenges Lynn zoning decision to allow pot shop on town line By Mark E. Vogler T he Town of Saugus is suing the City of Lynn in Land Court in an effort to overturn the Lynn City Council’s decision to grant a special permit for a recreational pot store to operate in a building on the town line – and partially in Saugus. “Approximately 10 inches of the building, approximately one third of the deck, most of the parking spaces, and the existing dumpster at the Site are in Saugus,” Attorney Arthur P. Kreiger wrote this week in a five-page complaint on behalf of the town. The lawsuit argues that “The Saugus part of the Site is in an Industrial district under the Saugus Zoning Bylaw. Under Section 5.8 of the Bylaw, recreational cannabis establishments are explicitly prohibited in every zoning district.” Lynn city councillors on March 26 voted 9-0 to grant the special permit to MasASK | from page 1 sachusetts Green Retail, Inc. (MGR) so it could operate a retail business at 829A Boston St., the building that once housed O’Brien’s Pub. The lawsuit alleges that the pot shop “will generate substantial traffic congestion and safety hazards on Lincoln Streets and other streets in Saugus.” “Transportation of cannabis and cannabis products may include travel through Saugus between the Site of Interstate 93, and it will include travel in Saugus in the immediate vicinity of the Site. MGR’s failure to address transportation security poses a security risk in Saugus,” it continues. The complaint also notes that the application and zoning decision don’t limit the proposed use and parking to Lynn. “Delivery vehicles, as well as employs, customers and others entering the Site, will use Saugus property for access to the building and for maneuvering in the Site, in vithe environment continued to $3.39 $2.55 GALLON GALLON We accept: MasterCard * Visa * & Discover Price Subject to Change without notice 100 Gal. Min. 24 Hr. Service 781-286-2602 grow so did my love for horses and competing in three-day eventing. My parents were overwhelmingly supportive as I chased my dreams and Olympic goals around the globe. In high school I spent a summer with Student Conservation Association in Rocky Mountain National Park. This life-changing event defined my love for the outdoors, the environment and Colorado. As soon as I graduated from Concrete High School I was off to Colorado State University. Here I continued to meld my love for Environmental Studies and horse competitions. After my time in Colorado, I decided to follow my horse dream and move to the Olympic training facility in Hamilton, Massachusetts. olation of the Saugus Zoning ByLaw,” the complaint says. But Sam Vitali, the Lynn lawyer who represents Massachusetts Green Retail, Inc., called the lawsuit “ridiculous” and “a feudal gesture because they can’t stop what’s going to happen.” “What is Saugus going to do? Build a Berlin wall? I don’t know if the citizens of Saugus are going to be happy having to waste taxpayers’ money on this lawsuit,” Vitali said. Vitali said Saugus basing its complaint on the fact that 10 inches of the building is in Saugus is a weak argument. His client could always cut that 10 inches off the building if that’s a major concern. “If that’s what you’re hanging your hat on, your hat is going to fall to the ground,” Vitali said. He questioned why it’s suddenly an issue when the building’s owners have never paid taxes to Saugus in the past, he said. “Suddenly, they’re I spent the next several years traveling and competing on the East Coast while deciding to obtain another degree in geology from Salem State. During my time at Salem State, I found an extreme passion for geophysics. After working for a private consulting firm for a number of years, I found myself at Harvard pursuing further education and degrees in Environmental Management and Geophysics. After many years of academia and private sector, I felt passionate to get involved locally. In 2012 I joined the SRWC Board of Directors, and shortly after that I received a seat on the Lynn Conservation Commission, where I have been the chair for the past 4 years. I love our backyard and I’m so passionate about being directCLEANUP ALONG THE SAUGUS: SRWC Executive Director Mary Lester at last Saturday’s Earth Day Cleanup in Marshview Park in Lynn. She calls the park “the Gateway between Saugus and Lynn and the future abutters of the rail trail.” Regular cleanups of the park catch trash and other debris before it blows into the river, she says. (Saugus Advocate Photos by Mark E. Vogler) ly involved. Q: How did the council’s cleanup project go on Saturday at Marshview Park? How many people did you draw? A: Despite the weather and cold conditions we had a great turnout. Approximately 30 volunteers came by to lend a hand. Q: Briefly, what did you get accomplished and what was the total amount of rubbish and tree debris you removed? A: We were able to remove about 20 cubic yards of rubbish, debris and dumped materials. We pruned many of the plants and shrubs, replanted plants and flowers, placed mulch and removed a great deal of debris from the marsh area. Q: So, what’s the benefit here of doing annual cleanups of this park? A: This park is important to the watershed. It’s the gateway between Lynn and Saugus and the future abutters of the rail trail. And this park, the way the wind blows, collects a great deal of trash and debris. We want to catch it before it goes into the river. This is ASKS | SEE PAGE 10 [Saugus officials] concerned? Where were they the last 50 years? Tell the people in Saugus that Boston Street is a two-way street,” he said. Board of Selectmen Chair Debra Panetta said she intends to follow the wishes of Saugus residents. “In 2016, the majority of Saugus voters voiced their opposition to legalizing marijuana in Massachusetts by voting down Question 4 on the Presidential Election ballot,” Panetta said in a statement to The Saugus Advocate. “Last May, Town Meeting members in Saugus advanced the wishes of the Saugus voters by voting unanimously to ban recreational marijuana establishments from operating anywhere in the Town of Saugus. One of the responsibilities of an elected official is to carry out the wishes of constituents, protect the Town, and act in the best interests,” she said. “The proposed retail recreational marijuana facility that was recently approved has a portion of the building, one-third of the deck, most of the parking spaces, and the existing dumpster, geographically located in Saugus.” She noted that the Saugus portion of the site sits in an industrial district under the Saugus zoning bylaw, which also bans recreational cannabis establishments in every zoning district in Saugus. The proposed pot shop will generate substantial traffic congestion and safety hazards on Lincoln Avenue, Hamilton Street and other frequently traveled roadways in Saugus, according to Panetta. “It is important to note that the Board of Selectmen are the traffic commissioners in Saugus. The site contains inadequate parking and space to maneuver around the existing parking lot. There are no measures in place for limiting the proposed use and parking to Lynn and not in Saugus,” she said.
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