2026-09-28 - Select Board

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00:16Good evening. We're calling to order the

00:18meeting of the Arlington Select Board

00:20for Monday, September 28th. It is 7:15.

00:24I am Select Board Chair John Herd. I

00:27we're conducting the meeting remotely

00:30semi-otely today. I will confirm that

00:32all members are here and can by

00:36>> Yes. Joe Solomon

00:37>> Steve Dorsy

00:39>> Melmouth.

00:42>> Hello Eric Helmouth.

00:43>> Mrs. Mahan

00:45>> and Diane Mahan. Thank you.

00:47>> James Feny town manager.

00:49>> Michael Cunningham town council.

00:51>> Ashley Mark.

00:53As we have members that are joining

00:55remotely, all votes will be taken by

00:58roll call vote today. First item on our

01:00agenda is our consent agenda. That is

01:04items 1 through 11 as posted on our

01:08agenda on our agenda's web page. With

01:11that, I will take a motion. Mr. Dorsey,

01:14>> move approval.

01:15>> Second.

01:18>> We have a motion to approve by Mr.

01:20Dorsey, second by Mr. Salman. All those

01:22in favor say I. Oh, sorry.

01:24Roll call vote. Attorney Cunningham.

01:27>> Mr. Dorsey.

01:27>> Yes.

01:28>> Mr. Solomon.

01:29>> Yes.

01:29>> Mrs. Mahan.

01:33>> Mrs. Mahan.

01:35>> Yes.

01:36>> Mr. Helmouth.

01:37>> Yes.

01:38>> Mr. Herd.

01:39>> Yes.

01:39>> 5.

01:42That brings us to item 12 on our agenda

01:44under licenses and permits. We before

01:46discussion and potential vote section 15

01:49package store application hearings. We

01:52have three applicants tonight that we'll

01:55hear from from. We'll do presentations

01:57of seven minutes per applicant followed

02:00by any questions by the board. Following

02:03the presentations, we'll do we'll go to

02:04public comment. Then we'll revert back

02:06to the board for additional questions,

02:08comments, motions. So the first

02:10applicant that we have is Arlington

02:12Center Fine Wines LLC. DBA Arlington

02:16Center Fine Wines for five Medford

02:18Street. Pietro Jiglia.

02:22Close enough.

02:23>> But I think I forgot.

02:26>> Thank you. If you can both just

02:27introduce yourselves and tell us a

02:29little bit while you're

02:30>> out.

02:45>> [snorts]

02:50>> Good evening. My name is Dawson Cooper.

02:52I'm an attorney at Upton Canel and

02:53Develin. I'm joined here by the two

02:55owners of Arlington Fine Wine, um,

02:58Pietro and Chris. Um, I briefly want to

03:01touch on the character and fitness of

03:03the applicants. Between the two owners,

03:04Pro and Chris, they have over 30 years

03:06of retail liquor experience, 15 plus of

03:09which is in retail in the wine industry.

03:12Um they operate similar successful fine

03:15wine retail concepts in other

03:16municipalities. The location and concept

03:19for this business satisfy a public need

03:21in Arlington. The location nearly a mile

03:24from any other licensed store has ample

03:26parking with a lot just.1 miles away and

03:29space for deliveries in both the front

03:30and the rear of the store to decrease

03:32traffic. Additionally, the premise is

03:34previous is a previous retail location.

03:37So allowing this license here will have

03:38minimal impact on light or noise

03:40pollution.

03:42In their vision of a fine wine store

03:43with craft spirits and craft beer,

03:45customers can come in and find their new

03:47favorite wine through a tasting, a

03:48conversation with Pietro, or simply

03:50browsing the extensive selection the

03:52store will offer. The owner's concept

03:54does not include mass beer brands like

03:56Bud or Miller. Uh the lottery, cheap

03:58tobacco or nicotine products like

04:00cigarettes or Zins or vapes. Um they

04:03will not have kegs or malt liquors. The

04:05owners are choosing to focus on the

04:07experience of fine wine and fine liquors

04:09and pairing those products with artisal

04:10cheeses, condiments, and imported meats.

04:13This store will also not sell soda,

04:14cheap snacks, or candy to discourage any

04:17underage patrons. Um, I'm going to turn

04:19it over to pro now to jump into the

04:20presentation and present more details.

04:22>> Uh, good evening. Thank you for having

04:23us. So, this is our project center wines

04:26five met for street. Uh, you know, we

04:28first present our vision to the board

04:30last year. uh you know of course we

04:32weren't many uh there was no license

04:36available but we uh remain committed to

04:37our vision our goal and to the town of

04:40Arlington and uh with a nor a new more

04:43developed plan I think we have like a

04:45better location than we are last year

04:47you know we want to have like a long

04:49commitment to Alington because in our

04:52opinion uh this town really uh need like

04:54a meets like a fine wine uh shop uh

04:58Chris is my mentor in the industry uh

05:00want to say something

05:02just quick. Okay. So he owned uh he owns

05:05currently both square wines since 2001.

05:07That's how we met uh in 2011.

05:10Uh he uh owned need for wine mold mold

05:14center for wines which he sold to

05:16Ferguson family and until I sold them on

05:19our vision to create uh kind of like uh

05:23something similar what he has in in in

05:25Alington center. Uh that's me on the

05:28right. 15 years in wine, 15 years in

05:30consumer product good and/ food. I uh

05:34work in the distribution uh fine wine

05:37distribution. Uh I have experience in uh

05:41supply relationship. I used to be former

05:43owner of Maria Italian cork cuts in

05:45Somerville and unfortunately lost that

05:47by fire in square in 2011. [snorts] Uh

05:50let's graduate the US summer graduate

05:52for the MBA program. Um our concept very

05:56simple curated wine uh spirit beers uh

05:59gourmet food and education service that

06:01connects community uh knowledge

06:03recommendation wine classes and this in

06:05the welcome customer service every uh

06:06price point uh [snorts] g food also is

06:09going to be like a big big uh project

06:11you know cheese charco like um uh

06:14catering um platters um and and so on.

06:20That's some uh briefly some concept u

06:22picture that show our concept you know

06:25lot of cheese stuff fine wine fine

06:28cheeses uh fine meat assert chocolate

06:31we're going to work with a lot of um uh

06:34local um companies like you know

06:37chocolate in Framingham

06:39uh then we also have focus on gift

06:41basket you know customer gift baskets

06:43and on the right you're going to see

06:44like in one of the statistics that we're

06:46going to I'm going to touch base at the

06:48end um uh of the presentation.

06:52Uh something that I like is that the

06:54concept on top uh right we want to you

06:57won't see our store with the this big

06:59giant tequila or gym bottle that is

07:01going to obscure the the the view. We

07:03want to just have people be curious to

07:06see what they want. We want to show them

07:07what's what's inside the store. Uh on

07:09the right, you know, something like uh

07:11one of my specialty like, you know,

07:12cheese, you know, by the pound. Uh, and

07:15on the bottom, you know, something what

07:16the store looks like, you know, um,

07:18beautiful like, you know, wine shelf

07:19full of like, you know, great wines.

07:21That's something that I used to make

07:23back in the days and hopefully I haven't

07:25forgotten. Uh, that's again, you know,

07:28fine cheese. That's probably the best

07:29ham, Spanish ham in the world. You

07:31better than what we make in Italy. Uh,

07:34that's the story experience. Easy to

07:36navigate, created by Gregory. Uh, it's

07:38going to be like active ownership.

07:39There's not going to be an absentee

07:40ownership. I live in uh, West Medford.

07:42is like, you know, 5 minutes away

07:43without traffic unless on the Rotary

07:45over there. [snorts] And uh um and

07:48that's something like, you know, will be

07:50like uh just to see, you know, it's

07:52going to be like, you know, tasting

07:53station over there. This is going to be

07:54like, you know, very big for us. It's

07:56just a way for us to connect with the

07:57community. Uh we're going to have

07:59vendors, uh food, wine, beer, liquor,

08:02and and so on. Uh again, this is very

08:05important. Uh easy customer access. You

08:07know, there's a uh is a lot just across

08:10the street. There's a little street

08:11between the uh the building across us

08:14and the Harington Catholic and also

08:15there is like a back entrance on out on

08:17Belton Street for uh EC so it won't

08:19cause traffic. I know it's getting crazy

08:21out there. So uh and uh so credible

08:25commodity. So this is going to be like

08:26some of the uh uh company we're going to

08:28work with. So one known distributor but

08:30also we're going to specialize on

08:32smaller uh distributor because we want

08:34to bring something uh uh unique and like

08:37you know it says on the bottom uh

08:38different is not simply what we can buy.

08:40It's what we chose to put on the shelf.

08:42Everybody has access to this product.

08:43It's just the way that you want to uh

08:45run and want to uh run your business. Uh

08:49another typical wine shop you're going

08:50to carry over 400 wines around the

08:52world. uh you know Barbaresco baro

08:55different kind based on the way that

08:56they grow in the ter exposition brunell

08:58or bordeaux

09:01first second growth and that's just like

09:04an example of the selection you know uh

09:06probably I was even like it's going to

09:08be more than 400 but just to give like

09:10an idea something that you won't find in

09:13any store in five miles radius so it's

09:15something that n really needs something

09:17like this I remember when was working

09:19with Chris we have a lot of resident in

09:21they go to ball square And and as soon

09:23as I heard that we might be able to open

09:25a store in Alito, you're going to find

09:27some letters reports, you know, from

09:31an Alito resident [snorts]

09:34and something also for the same thing

09:35applies for uh gin from Lior. Uh you're

09:38going to find like you know at least 50

09:40Gandin tequila mscal co. So this is not

09:44going to be your usual like you know

09:45wine store. We're not inventing the

09:47wheel but we we can make something

09:49really special. And I don't know if you

09:50ever went to Chris store in B square,

09:52you gonna have like an idea uh what

09:55we're talking about. Uh something that

09:57we don't want to carry like uh uh he

10:00mentioned no tickets, no scratch

10:01tickets, no cigarettes, general nips,

10:04malt levers. Uh we want to just let

10:07something that fits our shop. We're

10:08going to have some cigars just to be

10:10complimentary with the whiskey because

10:11it's a thing. Uh I don't smoke, but you

10:15know, it's a thing, you know, cigar and

10:16whiskey. Uh we're going to carry some

10:18premise uh small uh nips of like you

10:21know premium spirits or premium maros.

10:23They're going to be just complimentary

10:25gift baskets during the holidays.

10:27Um something for every customer you know

10:30every day great bottle for dinner

10:31gathering and regular enjoyment the

10:33discovery special occasion and it's

10:36[clears throat] going to be an eligible

10:36selection every price price point from

10:39the $10 bottle of wine to the thousand

10:41or $500 bottle of wine. [snorts] uh

10:43pairing cheese circuit crackers gifting

10:47you know wine spies and gourmet

10:49uh gift baskets pantry and uh um and so

10:53on. So we want to just be more than a

10:55bottle shop. We want to just place to

10:58discover what goes with it. Uh part of

11:01the island community. So we're going to

11:02uh uh want to just establish collaborate

11:05with uh Nerby restaurant to organize

11:07wine dinners. I've been doing this in my

11:10job. Uh I connect with the suppliers

11:13>> 20 30 milliseconds.

11:14>> What's that?

11:15>> Time expired.

11:16>> Uh so we also wine free

11:19wine club. Everybody's uh 21 is able to

11:22join. You receive like emails every week

11:25uh weekly emails and just to see what's

11:27going on in the shop. A grand tastings

11:30with unique event Saturday and Friday

11:32tastings.

11:33Um and so on. Uh something that an

11:36alcohol license is a privilege. So uh

11:39and uh uh responsible is fundamental one

11:41just is very important. So if you just

11:43give me like a little extra uh second uh

11:45we're going to have a street ID

11:46verification and clear procedure. We're

11:48going to carry the ID600 ID S600 which

11:52is the same SC production scanner that

11:54you see at the airport. Uh because we're

11:56going to scan every uh every other state

11:58already we think it's fake and [snorts]

11:59we would everybody that looks certified.

12:01Every staff training is going to be tip

12:03certified to prevent um uh getting you

12:07know all the stuff and we're going to

12:09have like a state of the art eclipse

12:11CCTV uh 3 hours up to three months worth

12:14of storage recording a team manager.

12:16going to be answer on ownership as long

12:18been absent this store one food

12:20experience so just why to center so we

12:24have 30 years of experience from Chris

12:25experience from me 15 years in food and

12:27wine two parts with a complimentary

12:30background and the long-term specific

12:32specialty to grow in center to be part

12:34of this uh community sorry

12:39my wife was timing me and I was a little

12:41bit off

12:41>> no problem

12:42>> my name is Chris and I'm the owner of

12:44square fine wines Yes.

12:46>> But basically what we're going to do is

12:47just going to bring all square to

12:50>> Yes.

12:51>> And that's it. We you know my experience

12:53come from having the pictures we saw was

12:55molding fine wine which was right in

12:59front of the city hall molding. It was

13:01the next entrance which the mayor visit

13:03the store in Somerville to give me the

13:05okay to open up the store and made it

13:06look beautiful presentation with no

13:09signs on the window no lottery.

13:11>> But wine tastings were a big hit on the

13:13weekend. So this is what we do. That's a

13:15philosophy.

13:16>> Yep. All right. I'm going to turn to the

13:17board for any questions for the

13:19applicants.

13:21I can you on Zoom you can use the raise

13:24hand function or raise your hand and

13:26I'll see it.

13:28>> Anyone? Mr. Dorsey.

13:29>> Thank you, Mr. Chair. Thank you for the

13:31presentation and uh thank you sir

13:33>> for your patience because you came last

13:34April before us to tell us about your

13:37idea and u really shows your interest in

13:39the community and and um I think that

13:41there those of us who are familiar with

13:43your store in Ball Square and and talked

13:46to people were very impressed with it.

13:47Just a a question on the floor plan. If

13:52you go to page one, I don't know if Miss

13:54Mara can do it or page one of the

13:57>> presentation,

13:59it it just shows what um

14:01>> Oh, the floor plan. Yeah.

14:02>> Yeah. Yeah.

14:03>> There's two slides. One is a little bit

14:05bigger so you can see it through.

14:07>> I I'm I'm just wondering as I look at

14:08the floor plan in the application, the

14:11area looks smaller than what we're

14:13seeing here, but that the store is going

14:15to cover both store five is two

14:18storefronts essentially. Yes. And what

14:20you're showing on the floor plan covers

14:22that whole thing. It just looks a little

14:23different. Yes. It's just like a

14:26preliminary sketch. Can I just get up?

14:27>> Sure.

14:28>> Oh, yeah. Because you got two, but that

14:31would be on the left. It looks like

14:33smaller and just like a primary sketch,

14:35but that's what the stuff's going to

14:37look like.

14:37>> Okay. That's a tasting area right there.

14:39>> Yeah, that's a tasting area. That's one

14:41shelf. Yeah, that's what we're going to

14:43receive the deliveries. That's the

14:44basement that we going to open up here.

14:47[snorts] The um Cooler wine

14:52cooler and the improvement staff. So

14:55when you see that's going to be a cash

14:56register so you get everything you know

15:00the wine b. [snorts]

15:02>> Okay. Yeah. And and just a comment too

15:04what I see in the application and in the

15:06presentation you talked about

15:07potentially selling cigars and in the

15:10inspection reports we had that would

15:12require a separate approval. Yes. That

15:14we would it would not be before us.

15:17>> Yeah. Absolutely. Yes.

15:17>> Okay.

15:18Yeah, that's all I have.

15:20>> And the cigars are just a small humid

15:22door.

15:23>> Okay.

15:23>> That's uh

15:24>> that will be locked up and accessible by

15:27by employees and ownership.

15:29>> Humidor. Yeah.

15:30>> Minimum eight boxes and we do that for

15:33some of the bourbon drinkers who in the

15:36summertime kind of look.

15:37>> And just out of curiosity, do you have

15:39that at the Ball Square location as

15:40well? Okay.

15:41>> Yeah. Yeah. Thank you. Thank you for the

15:44question, Miss Man.

15:48Uh, thank you, Mr. Chair. Um, thank you

15:50for the presentation and don't blame

15:52your wife on the timing. Um, I I just I

15:55I saw it in your presentation and I uh

15:59heard it in your verbal presentation,

16:00but could you just um speak to again

16:03about NIPS? My understanding is they

16:06won't be for sale, but they will be as

16:09part of either the

16:12tasting event or the the gift gift bags.

16:14Or do I have that wrong?

16:16You want to? Yeah.

16:18>> So it we're not going to specialize in

16:21nips,

16:22>> but we might have 10 12 different

16:25varieties of Amaro,

16:28>> higherend single mold scotch or

16:30something that when we want to sample

16:32our customers in a nice single malt

16:34scotch, we have a 21-year-old little

16:36bottle that they can try before they

16:38commit to a bigger bottle. So it's very

16:40small section more eclectic

16:44uh small bottles than the nips that you

16:46usually see in in the molding store. I

16:48had similar situation where they didn't

16:50want to see any of that stuff and we had

16:52a very very small variety.

16:54Uh only stuff that we want to you know

16:56introduce some of the bigger sizes.

16:59>> Also if I may add on what Chris is

17:01saying uh we want to just keep them it's

17:02going to be like you know a little

17:03higher hand. uh you're not going to see

17:06like you know those little spear for

17:07whatever fireballs but it's going to be

17:09kind of like a high hand that they're

17:11going to be also used to be in gift

17:13baskets here during the um holidays or

17:17for birthdays you know we we I used to

17:19make gift basket when I was working for

17:20Chris so it's going to be like something

17:22complimentary of course it's not going

17:23to be our focus of our um uh operation

17:29>> okay thank you thank you Mr. Chair

17:34>> Mr. Salmon.

17:37>> Thank you, Mr. Chair. Thank you for your

17:39uh your interest. Um how does the retail

17:42space uh the floor space in this store

17:44compared to your Somerville Ball Square

17:46location?

17:48>> Usually the the stores have the same

17:51type of uh layout. You have your beer

17:54department, wine department, liquor

17:56department. You have a table in the

17:58middle of the floor which was there

17:59where we keep our gift baskets,

18:01chocolates, and a lot of little gourmet

18:03items that are right near the entrance

18:05of the store. Um, they're all very, very

18:09similar with the food. We're going to

18:10have the same type of coolers, but it's

18:13not, you know, 3,000 ft with some, so

18:16we're going to minimize the space, but

18:18bring every department there. And then

18:20of course having a a store like some of

18:23us close by, we can always accommodate

18:25with other things that uh you know the

18:28only residents might need. You know,

18:30we'll have a delivery service. We can

18:32bring those things that don't exist. We

18:34can't really uh bring him in the store

18:37because of the space.

18:39>> Yeah. No, that speaks to what I was

18:40getting at. Thank you. Uh thank you, Mr.

18:43Chair.

18:47>> [snorts]

18:47>> I would just say please don't have

18:49$1,000 bottles of wine. My wife will

18:53[laughter]

18:53just go through those seen as good

18:56taste.

18:56>> I think what was trying to say we have

18:58even a section with thin wine which is

19:00under $10. Yes, a comfortable zone.

19:02>> She won't go for those either. But no,

19:04>> they're good wines.

19:05>> My wife never picks up the cheap bottle

19:08from the wine a wine from my basement.

19:09So

19:10>> I can feel you.

19:13>> And thank you. So, we'll you guys can

19:15sit back down. We'll take the other

19:17>> Thank you. applicants.

19:18>> Thank you so much.

19:19>> Yep. You're welcome. [clears throat]

19:30Oh, sorry. I have to call somebody up.

19:33So, the second applicant we have is

19:35Radhi Inc. DBA Peter Pan Super Park

19:39Avenue Nash Patel.

19:46Sometimes I forget I'm the chair.

19:48If you can just introduce yourself and

19:49tell us a little bit.

19:50>> Hi, my name is Milles Patel and I own

19:53the Peterban store about 20 years.

19:55>> Good evening. Good evening. Uh Mary Win

19:57Stanley Okconor for uh Radkkey Inc. Uh

20:00and Mr. Patel is there. Um I apologize.

20:05I'm at the ARB um for a hearing. Uh but

20:09I would like to present on behalf of Mr.

20:11Patel and he can answer any questions if

20:13that would be okay with the book.

20:15>> I apologize.

20:15>> Thank you.

20:17>> No problem. I think that you all know

20:19Peter Pants Superet. It's a fixture up

20:21in Five Corners. Uh Mr. Patel and his

20:24family have run it for almost 30 years.

20:26He is also the owner of BB Liquors on

20:29Massachusetts Avenue. Um which it was uh

20:32licensed uh by the board several years

20:35ago. Uh Mr. Patel proposes to add uh

20:39retail uh alcohol to his store as well

20:43as to include gourmet foods and uh other

20:46types of gourmet uh snacks. Um how this

20:50all came about is uh Peter Pan is a uh

20:54fixture in that residential community uh

20:57and many of his customers uh encouraged

21:00him to apply for the license. I believe

21:03that you have a uh petition that was

21:05signed by over 300 residents in the

21:07area, mostly Arlington residents in the

21:10L Street, Summer Street area. Um he is

21:14uh proposing to do significant work

21:15inside the store uh to provide this

21:18amenity to the community. Uh and um this

21:22is uh he has uh parking that services

21:25around the five corners. uh and he is

21:28proposing to uh increase the uh to

21:31increase the area uh for retail uh

21:33alcohol use. Um he has extensive

21:36experience in the business. Uh he owns

21:38an uh other interests uh in retail

21:42alcohol and his son um who would be the

21:45manager is sitting here with me um and

21:48would be the proposed manager um of that

21:51site. So, if you have any specific

21:54questions for him, I think that gives a

21:56uh a brief overview of his involvement

22:00in the community. He's a he's a fixture

22:02in that area. Um the residents are uh

22:05the patrons and residents in that area

22:07uh like the story would like to see the

22:09expansion in that respect. So, it's a

22:11onestop type of shop. Thank you.

22:16>> Thank you.

22:19>> I'll turn it to the board for any

22:20questions.

22:25Mr. Corsy.

22:26>> Thank Thank you, Mr. Chair. Uh, thank

22:28you, Attorney Oconor, and thank you, Mr.

22:30Patel, for coming in here this evening.

22:32I have a question on I know you're the

22:36owner of BB Liquors and and BB Liquors

22:38is about 500 less than 500 yards from

22:42Peter Pan, right down the street. And if

22:45you were successful, it it just seems to

22:47me that I know you own both. So, you

22:50know, if if you're competing with

22:52yourself, you still get the sale, but it

22:54it it just seems a little close to me

22:56for the two stores. And I'm wondering if

22:58you were to obtain the license here,

23:01this doesn't affect your plans for BB

23:03Liquors, does it? You that you would

23:05still wish for that to continue?

23:07>> Yes. uh because I going to get the more

23:10customers from the route two people

23:12coming from going to the Winchester,

23:16Wuban, Lexington and they come in my the

23:18store all the time. So that is easy and

23:22convenience for them too.

23:24>> Okay. And and just in terms of your

23:26floor plan, it looks like about half the

23:28store would be dedicated to the sale of

23:31of beer and wine. Um is that is that

23:34about right? And what do you have there?

23:37It's just regular um convenience store

23:40items. I I suppose

23:42>> uh but can you repeat?

23:44>> In other words, what's in that space

23:45now? Like what what what what will

23:48change or what won't you sell anymore as

23:50you get the liquor license?

23:52>> We have the lot of varieties of the

23:54chips and the household items. So we're

23:57going to convince make it smaller.

24:00>> Okay. All right. And you sell lottery

24:02there. you would intend to continue the

24:04lottery sales.

24:06>> Okay, that that's all I had for

24:07questions.

24:12>> Can you talk a little bit more about the

24:13product mix that you you expect to have

24:15there? Is it similar to BB Liquors

24:18broader selection?

24:20>> Uh we're going to get some unique item

24:22over there also. Unique wines.

24:24>> Okay.

24:28Not thousand wines though, right?

24:31>> [laughter]

24:32>> Any additional questions?

24:34Miss Helmouth.

24:36>> Thank you, Mr. Chair. Um, and thank you

24:38for your running a business in

24:40Arlington, your interest in expanding.

24:43Can you speak to if BB Liquickers if you

24:45currently um carry uh malt liquors and

24:49nips and if and also if you would plan

24:51to do that at this location if you

24:53granted the license?

24:55If you people allow me, we're going to

24:57carry the nips and pint.

25:00And if you say no, we can't. We don't

25:02going to carry.

25:06Okay.

25:11Uh

25:13thank you for now. I can actually if I

25:15get a little more clarity and some of

25:16this might be because I'm excuse me

25:19remote. um about uh the attorney Okconor

25:24spoke briefly to uh parking and

25:26pedestrian access, but uh maybe

25:28elaborate a little bit more on that and

25:29and how you foresee that supporting the

25:32business model on safety.

25:35>> Sure. U there's because it's five

25:37corners there number of streets um that

25:41there can be parking on when people go

25:43in. Uh, Peter Pan is a very busy um,

25:46super convenience store and people find

25:49adequate parking. There's no double

25:50parking up there. I travel through that

25:53five corners uh, one or two times a day.

25:55So, there's a good flow and you know

25:57it's heavily residential. You have the

25:59housing corporation uh, properties

26:01across the street. Um, and you have a

26:03lot of residential going towards summer

26:05street.

26:08>> Thank you. Uh, thank you, Mr. Chair.

26:11Just for Sman,

26:13>> uh, my ignorance, are we able to attach

26:18specific product conditions to the

26:21license?

26:21>> Journey Cunningham.

26:24>> Um, thank you, Mr. Chair. Typically,

26:26this type of application, no. But that

26:28could be a consideration for the board

26:30whether they want to grant the license.

26:32>> Okay.

26:35Uhoh.

26:42All right. The joys of remote hybrid

26:45meetings. All right. I think that is all

26:48the questions from the board. So, you

26:49can take a seat and we'll

26:51>> Thank you for your consideration.

26:57And that brings us to the last

27:01applicant. Shanker Liquors LLC DBA Ruby

27:05Wine and Spirits [music] 1340 to 1342

27:09Massav.

27:10That's of Patel.

27:18>> Did you have anyone joining you tonight?

27:20>> Yes. Uh, my attorney Sydney would be

27:22joining.

27:25>> If she can just use the raise hand

27:28function, we'll promote her or him to

27:31panels.

27:42>> Hello. I was just promoted. Thank you.

27:46Can you hear me? Okay.

27:47>> Yes, we can.

27:49>> Awesome. Um, I can jump in. My name is

27:53Sydney Procos, an attorney from Vieira

27:55and DJ Philippo, representing Shankar

27:58Liquors LLC, doing business as Ruby Wine

28:01and Spirits, requesting, of course, the

28:03board's approval for one of the new

28:05package store licenses at this location,

28:081340 to 1342 Massav. Space is about

28:131,800 square ft in the Arlington Heights

28:16Commercial District. I'm going to share

28:18some information about the applicant's

28:20experience and education and the vision

28:22for the store. The landlord was also

28:25planning to speak tonight in support of

28:27the application, but she's traveling, so

28:30instead she's planning to submit a

28:32letter in support for consideration if

28:34that would be helpful. It's always good

28:36to a good sign when landlords and

28:38tenants are on the same side. Uh but

28:40without further ado, with me tonight is

28:42Mr. Utav Patel, the majority owner of

28:45the company and the proposed licensed

28:47manager.

28:49Utav and the minority owner, Krupa

28:52Patel, each have more than 5 years of

28:55experience responsibly selling alcohol

28:58in Massachusetts and both have their

29:00alcohol tip certification, which as you

29:03know is the industry standard, to stay

29:05upto-date on alcohol safety and best

29:07practices. Going one step further, all

29:10employees selling alcohol will also be

29:13required to get their tip certification

29:15as well.

29:16UTSOV has significant directly relevant

29:19industry experience, successfully comp

29:22completing a full store buildout in

29:25Grten, just like he would do here in

29:27Arlington, and has responsibly run that

29:30operation for the last 5 years with no

29:32violations of record.

29:33>> [snorts]

29:34>> He now has a wellestablished team in

29:36place smoothly running that store so he

29:39could focus his attention on Arlington.

29:42He would be present on site at least 40

29:44hours a week involved in everything from

29:47the day-to-day management, inventory,

29:49employee relations, customer service,

29:51and compliance. Completely hands-on. He

29:55takes his responsibilities very

29:56seriously. For example, in addition to

29:59his TIP certification and relevant

30:01experience, he'll be investing in a

30:03state-of-the-art ID scanning machine as

30:06an additional safeguard for age

30:07verification, especially now that fake

30:09IDs are getting so good with 3D

30:11printers. A scanner will catch what a

30:14human eye cannot. Um, and the ABCC likes

30:17to see that mix of experience,

30:19education, and infrastructure for a

30:21successful operation. And this

30:23application, I'm happy to say, hits all

30:25three. The vision for this location is

30:28to create a clean, attractive, brand

30:30new, welcome, welcoming neighborhood

30:33package store open during the proposed

30:36hours of 8:00 a.m. to 11:00 p.m. all

30:39days except for Sunday, which would be

30:4110:00 a.m. to 9:00 p.m. Lottery and

30:43Tobacco would be available, but not

30:45stars of the show. Just they're often

30:48offered in package stores, so to capture

30:50that clientele. But Utsavv plans to

30:52thoughtfully design the store with a

30:55carefully selected variety of wines,

30:57spirits, beers, and knowledgeable

31:00customer service in a professional

31:02retail environment.

31:04With NIPS has been a conversation

31:06tonight, so to bring that up, the plan

31:08is to not sell any singles, meaning no

31:10single nips or no single cans of beer,

31:13but have them in packages. So, it's very

31:16inconvenient and um improbable that

31:19someone will open them before getting

31:21home. Um, and that's really the concern

31:23I see in Boston as a Boston resident,

31:26nips all over the ground. And I we have

31:29extensive discussions on not

31:30contributing to that. So, having the um

31:34packages of 10 or more um really

31:36minimize that risk. um he has the

31:40capital connections and is ready to make

31:42the investments necessary to bring his

31:45vision to life. For example, he can rely

31:47on his current connections with

31:49suppliers to curate and stock wines that

31:52are not typically available in other

31:54stores and customers can feel welcome to

31:57make those inventory requests to UTV. He

32:01wants this to be a well-maintained,

32:02well-managed business that becomes part

32:05of the Arlington Heights business

32:06district. And interestingly, this

32:09particular location presents an

32:10opportunity for Arlington because the

32:13storefront has been vacant for more than

32:15a year. And the town's own planning and

32:18community development department has

32:19said, quote, "A new business activating

32:22this space would benefit the Arlington

32:25Heights Business District." And that's

32:27exactly what UTS proposes to do. With

32:30the store just a six-inute walk away

32:32from Trader Joe's and even closer to

32:34Walgreens and around other established

32:38businesses in Arlington Heights, this

32:40store would easily enhance the overall

32:42activity of the district by giving

32:44customers another reason to visit the

32:46area and potentially combine multiple

32:49stopping shops in one trip. We believe

32:52it comes down to the combination of the

32:54location, the investment, and who will

32:57actually operate the business. [snorts]

32:59And just a quick note on who's operating

33:01the business and it just might be

33:03worthwhile to bring to your attention

33:05while I was preparing for this hearing

33:07and as I was listening to the

33:08application right before me um that

33:11applicant is already an owner of BB

33:14Liquors and in Massachusetts under

33:17chapter 138 section 15 section 15

33:20package stores you actually can't own um

33:24two in one town. you can own two in a

33:29city but only one per town. Um so that

33:34application is um would would not pass

33:37the ABCC scrutiny as it doesn't pass the

33:40statute. Um but back to who is operating

33:43the business only has his one in Grten.

33:46So we're all good there. So to

33:48summarize, we have a vacant storefront,

33:50a committed and qualified applicant who

33:53are experienced owners committed to

33:55responsibly selling alcohol through

33:57direct hands-on management, and they

33:59understand the responsibility that comes

34:01with an all alcohol license, and they're

34:03prepared to meet that responsibility.

34:05So, we thank you for your time and

34:07consideration, and we're open to any

34:08questions you may have.

34:11>> Thank you. I will turn for to the board

34:13for any questions.

34:21Seeing none. Thank you.

34:23>> Thank you.

34:23>> Thank you.

34:25>> Thank you.

34:28>> We will now go to public comment.

34:31So just like any other public comment,

34:34we'll be limited to three minutes

34:38relative to the application the the

34:41applications. There is open form later

34:45on the agenda for other items that

34:47anyone wishes to speak speak on. So this

34:49would be public comment just for these

34:51liquor applications. So if anyone in the

34:54chamber would like to speak during the

34:55public comment period, please stand up

34:58now.

35:00Seeing none, if anyone on Zoom would

35:03like to speak during public comment,

35:05please use the raise hand function in

35:06your Zoom application now.

35:11>> Promote now.

35:22All right, Mr. Gro, if you could just

35:24introduce yourself,

35:34>> Mr. Gdro, could you hear us?

35:38>> Hello?

35:39>> Yep, we can hear you now. How you doing?

35:42>> Good.

35:43>> Um, so I am a uh longtime employee of

35:47Chris Leanos at Ball Square Fine Wines.

35:50Um, I worked for 10 years with him as

35:52the general manager there. Um, hi.

35:55>> I just wanted to speak to the type of

35:57store that he's going to bring to the

35:59town of Arlington, which is it's one of

36:02the best models of a wine shop that

36:05there is in Boston. Um, I currently am a

36:09salesperson. Uh, and I have over 100

36:12accounts and I moved on to sales after

36:14working with Chris for 10 years. And I

36:16see all kinds of stores throughout the

36:18Boston area. Um, and the the model that

36:21he has at False Square Fine Wines is

36:23definitely one of the best models you

36:26can bring to any neighborhood or area in

36:28Boston. Um they do comprehensively top

36:32to bottom the best

36:35customer focused approach to retail that

36:41is almost in any type of retail uh which

36:44is they focus entirely on what the

36:46customer wants what the customer needs

36:48and what the area uh requires. Um he's

36:54done a fantastic job there. uh he has

36:58worked in developing so many young

37:01people. Uh they do a great job or at

37:04least when I was there which is not that

37:06long ago but it's very focused on

37:09training the staff so the people know

37:12how to answer the questions. they know

37:14how to deal with any any problems that

37:17arise. And um I think that just with

37:22them focusing on developing people and

37:24the way that they um are customer

37:28focused, it is uh it's a it's an amazing

37:31model that they have.

37:34>> Thank you.

37:38>> See no other hands in Zoom.

37:41going once, going twice. That will close

37:44our public comment period.

37:47So we So we have three applications. We

37:49have two licenses available.

37:51The board does have a matrix in front of

37:55us that rate it's a rating system that

37:58we've used in the past for liquor

38:01license applications that just it goes

38:04through different criteria that the

38:06board looks for with the full package

38:10stores. And then it comes to a total

38:12rating. I can we'll turn to the board

38:15now for any questions, comments, motions

38:20or

38:21what has happened in the past is we can

38:24hear the applications, ask any

38:26additional questions that the board has.

38:28take some time to do our [snorts] do

38:31fill out your rating system based on the

38:33presentations and the materials that we

38:36have in front of us and push this to our

38:38next meeting for a final decision which

38:41is next week.

38:44So, I'll open up to the board for

38:45discussion or any follow-up comments

38:46that they might have.

38:49[music]

38:51>> Good timing.

38:52>> Mr. Helmouth, we need to get you a

38:53background that doesn't conflict with

38:54your raised hand function.

38:59It's an excellent point. Thank you. Um I

39:02just want to this is attorney I think

39:04question through you to attorney

39:05Cunningham to uh to confirm

39:09uh Mass General Laws chapter 133 section

39:1215. I mean I I just pulled it up. My

39:14reading does seem to be consistent with

39:16that the attorney, but I'm painfully

39:18aware that I'm not an attorney. Um so

39:20does that restriction against uh more

39:23than one license for a town apply in

39:25this circumstance?

39:27for one honor.

39:28>> Attorney Cunningham.

39:29>> Thank you, Mr. Chair. Thank you, Mr.

39:30Helmet. Looking at the statute, it very

39:33well may apply. I'd like to look at it a

39:35little more closely and the specifics of

39:37the other location, uh, the entity that

39:40owns that particular business there as

39:43has the license has been issued by the

39:45town. But yeah, I do see section 15

39:47where it indicates that she'll not be

39:48granted more than one license in a town

39:50or two in a city.

39:52>> Yeah. Thank you.

39:54Yeah, I think I think for me um I I like

39:56the idea of taking a week to chase that

39:59down and for for me at least to

40:02thoughtfully consider uh what we've been

40:04presented and do my scoring. So that

40:06that's how I would lean right now. I

40:08don't see attorney Connor still on the

40:13but if you want to take just about 30

40:16seconds to respond if you can

40:22and just so we're clear on the

40:24procedure. There's no right for anyone

40:26to come back up to respond. You have to

40:28be called on by the chair. But if

40:30there's a specific question for an

40:31applicant, the chair it's within the

40:33chair's discretion to bring someone back

40:35up. So as Okconor said this is the

40:37family store Peter Pan and

40:39[clears throat] my son going to be

40:40manager and he's a he going to be run

40:42the store he going to be the owner of

40:44the store I going to be in the side if

40:47he if he if you guys granted the license

40:50the my son going to be in the business

40:53and he's still running from business

40:54from 5 years he works in my another

40:57store in Wilmington BB Liquors in Stonem

41:02he's working over there to right now

41:03okay so the license his name.

41:06>> All right. Have any follow-up questions?

41:08They can talk to attorney Conor.

41:11>> Thank you, Mr. Chair. In followup to the

41:14applicant's comment and Mr. Helman's

41:16question as well, the the current

41:18applicant is the entity known as Rad

41:20Inc. Um the previous license issued to

41:23BB is that that was issued to BB Powers

41:26Corporation. I understand there's a

41:28relationship clearly as stated in the

41:31presentations by the applicant. The

41:33question is whether those two entities

41:35make it distinct and whether section 15

41:37would apply to preclude them from having

41:40two licenses. Um so I would like to look

41:42at that a little further.

41:43>> Yep. And

41:45I assume by nod couple head nods that it

41:50would be prudent [snorts] to receive the

41:52information, allow everyone to have the

41:55the time to fill out their

41:57questionnaires and then we can reconvene

42:00next week and that can be answered

42:02before any final votes are taken. Mrs.

42:04Mahan,

42:07>> thank you, Mr. Chair. You just summed up

42:09and I agree with you and Mr. helmet and

42:12I think everyone else to

42:15um take the time to deliberate and I

42:18don't know if it's possible for attorney

42:21Cunningham to also reach out to the ABCC

42:24um if he thinks that's something he

42:26should do and if he does if he thinks

42:28that's something that can be done really

42:30in 5 days maybe even 4 days because you

42:33can't really count the weekend. So um

42:35but I I I agree with that. I' I'd rather

42:38uh wait and continue to get more

42:40information vote at our next meeting.

42:42Thanks.

42:44>> Thank you, [clears throat] Mr. Thank

42:46you, Mr. Chairman. I'm in agreement with

42:48waiting, but to maybe help our

42:50deliberations. We didn't have questions

42:53for Ruby Wine and Spirits, but it occurs

42:55to me now if we're going to take the

42:56week if if I could ask a question of

42:59them. Um having to do with both parking

43:03and the delivery of the product. Um, we

43:06heard from the other owners or we can

43:09see how the inventory will be brought

43:11in, but how do you propose? How doesn't

43:14look like there's any access in the back

43:16of the proposed location? So, does

43:18everything have to come in through the

43:20front door?

43:22>> No, you could.

43:23>> I'm going to promote

43:24>> I just want to promote your attorneys

43:26since she's still on Zoom.

43:32[snorts]

43:34and please just direct the responses to

43:36the questions that are asked of you.

43:39>> Sure.

43:40>> Yep.

43:40>> Um there actually is an area an access

43:44to the back of the building for

43:46deliveries. Um so it is just not it is

43:49not restricted just to um Massav where

43:52there's on street parking. Their lease

43:54does come with dedicated parking spots.

43:57Um, so that does help parking a bit. Um,

44:00but mostly on street, which is, you

44:03know, it is what it is. But for

44:06deliveries specifically to, um, minimize

44:09traffic, we've had discussions of

44:12deliveries getting brought in on off

44:14times, um, even if that means very

44:18very off times, um, just to make sure

44:22that there's, um, not a a truck clogging

44:25that area. Um, and there's that back

44:28access as well.

44:30>> There was a second question you asked

44:32related to parking.

44:33>> No, that that had to do with inventory

44:35and I I do see the area behind the

44:38stores, but that would not be for

44:40customer parking. That would probably be

44:42for employee parking in addition.

44:44>> I did reach out to the landlord to

44:48confirm. Um, but do you have any more

44:50insight into that?

44:51>> So, I think um that's that can be also

44:54for customer parking as well. So we have

44:56two dedicated spot for parking I think

44:59um for our our unit and one can be for

45:04an employee and another can be for a

45:05customer but the the parking lot is also

45:09um pretty good size but at least we have

45:12two dedicated parking spot.

45:13>> Okay. And but the only access for a

45:16customer is through the front door.

45:18Right. Correct.

45:19>> Okay. All right. And and just again you

45:21mentioned your experience in Graten. Are

45:23you the owner of the Graten market? No.

45:25>> Okay. What What's your store in GR?

45:27>> Uh Grot and Wine and Spirits.

45:29>> Okay. Thank you.

45:34>> Thank you.

45:36>> Yeah.

45:38>> Yep.

45:40>> I was just going to um

45:43I'm going to take what you said about

45:45only don't comment on the other

45:47applications ineligibility. So, I will

45:49not do that. And yes, we're done.

45:52>> All right. the

45:55Any additional questions from the board?

46:02>> Motion to postpone?

46:03>> Yep.

46:05>> Yeah. U Thank you, Mr. Chair. I'll move

46:07to postpone

46:09uh further discussion and potential vote

46:11on this until next Monday.

46:13>> Second.

46:14>> All right. I have a motion to postpone

46:16by Mr. Dorsey, second by Mr. Solomon,

46:20attorney Cunningham. Mr. Dorsey.

46:21>> Yes. Mr. Solomon,

46:23>> yes.

46:23>> Mrs. Mahan,

46:25>> yes.

46:25>> Mr. Helmouth,

46:27>> yes.

46:27>> Mr. Herd,

46:28>> yes.

46:29>> 5 Z vote. You guys are all set. Anyone

46:33here for the liques is good to go.

46:35>> Yeah. All right. That takes us to item

46:3913 on our agenda. Discussion and

46:42potential vote. Marijuana establishment

46:45post community

46:48agreement hearings.

46:50We have three applicants here. I'm going

46:52to take one applicant out of order. So,

46:55I'm going to start with the applicant

46:58listed under item C can space, Brian

47:01McHugh.

47:06And Mr. McHugh, before you start, I'm

47:08just going to have the town manager give

47:10us a little more information about your

47:12request.

47:12>> Great. Thank you, John.

47:14>> Sure. Uh, thank you, Mr. Chair. Uh just

47:16briefly I wanted to note that this uh

47:19pres brief presentation we're going to

47:21hear tonight is slightly different than

47:22the other presentations listed on the

47:24agenda as it pertains uh to a the

47:28potential for Arlington to host a

47:30deliveryonly business and for the

47:32board's benefit I wanted to note that

47:34that is a separately defined retail use

47:38under both cannabis control commission

47:40regulations and the town of Arlington's

47:43zoning bylaw. So, the provisions of our

47:45zoning bylaw codified in 8.3B3

47:50and section 8.3

47:52C1, which relate to the 2,000 ft buffer

47:55zone and the three special permit cap,

47:58are not applicable to this uh particular

48:02use of a marijuana deliveryon retailer

48:06uh as it is distinctly separate. So, I

48:08just wanted to note that it is not part

48:11uh of the board's uh considerations

48:13later this evening with regard to a

48:15retail HCA. Thank you.

48:18>> Thank you, Mr. Mu.

48:20>> Great. [clears throat] Thanks a lot. Um

48:21I just wanted to start off and uh thank

48:22the board for the time tonight and

48:24especially to Jim Feny over the last

48:26like year and a half. He's been a great

48:28help uh in trying to bring a social

48:31equity cannabis business to Arlington. I

48:33really appreciate Jim. Um and so I just

48:36wanted to start off introduce myself. My

48:38name is Brian McHugh. Uh, I grew up in

48:41Arlington, uh, for over 25 years.

48:43Attended Bracket School, um, Addison,

48:46Arlington High. I went to FAU and, uh,

48:49graduate with a business administration,

48:51uh, degree. Uh, and now I'm currently

48:54living in Arlington and I own a mortgage

48:56brokerage for the last year. Uh, I do

48:58have my real estate broker license in

49:00California as well. Um, so why I'm here

49:03tonight, uh, as Jim just explained, um,

49:06I'm trying [clears throat] to, um, bring

49:08some social equity, uh, presence in the

49:11cannabis community to Arlington. Uh, I

49:14am a 100% owner of Canispace Company LLC

49:18and, uh, we are 100% social equity

49:21company. Um, there's no other owners.

49:24Um, I grew up in Arlington and, uh,

49:27basically um, you know, Arlington was my

49:30home. It's been my community. Uh, you

49:33know, I was just recently here with my

49:34daughter. Bring her every year to the

49:35town day. Um, you know, it's just always

49:38been a part of my heart and I'd love a

49:40chance to build another business here in

49:42Arlington. Uh, if we can go to the next.

49:46[clears throat] So, uh, currently right

49:47now in Arlington, uh, we have zero

49:50social equity cannabis businesses. Uh in

49:532023, the Cannabis Control Commission uh

49:56recommended to all towns and cities uh

50:00to implement a onetoone

50:03um um uh business. Uh so every time

50:08they're looking to um add a cannabis

50:11company, they're recommending that they

50:13would look into a social equity cannabis

50:15business uh before they would to look at

50:17a non-social equity business. Um, so I

50:20feel that growing up here, um, I'm in

50:23the social equity program. I was

50:25affected by the war on drugs, uh, back

50:27when I grew up here. Learned a lot of

50:28lessons from it. And, um, I'd like to

50:31kind of go full circle and, you know,

50:33bring, um, the cannabis back to

50:35Arlington the legal way this time. Um,

50:38I've been working uh in the last two

50:40years uh with um a couple grants uh from

50:45the executive office of economic

50:47development uh tier one grants. Uh we've

50:50been working with lawyers to try to get

50:52into the town of Arlington. Um simply

50:55because I just love the community and

50:57I'd love to uh bring it back to here.

51:00[snorts] Uh Canispace uh has a delivery

51:02pre-certification

51:04uh from the uh Cannabis Control

51:05Commission. Uh this is something new for

51:07Arlington if you haven't had any social

51:09equity businesses. Uh basically what the

51:11pre-certification means is that I've

51:13already gone through the process at the

51:15Cannabis Control Commission. Um I have

51:17uh between my business plan, community

51:20impact plan, diversity plan, um uh the

51:24positive impact plans. I've worked with

51:26people in the community that are already

51:28working with the Arlington Police

51:29Department um with um drug

51:32rehabilitation programs so we could give

51:34back to that community as well. Um and

51:37so basically uh my next step after

51:40taking care of the pre-certification is

51:42to land a host community agreement with

51:45a city or town um and to move forward

51:48with that approval. I'm not asking for

51:51that tonight. I'm simply uh coming in

51:52front of the board tonight to just

51:54explain what I'm trying to do in uh in

51:55the town. Um so [snorts] basically

51:59um you know um

52:02what we're trying to do uh next slide.

52:05Uh so what we're trying to do is uh find

52:07the right spot in Arlington. Um I'm sure

52:09you guys are aware there's not a lot of

52:12uh commercial real estate in Arlington

52:13for lease. It's been a very difficult

52:15task over the last year and a half.

52:17worked with Jim uh Cat I believe um and

52:20[snorts] some other people in the

52:21Arlington to try to find a spot for us.

52:24Um um we're trying to look in the B4N

52:27industrial space. Um and uh it's been a

52:31little difficult. I'm asking the town

52:33maybe to uh maybe look at uh the rules

52:35again and um see if we could uh make it

52:39just a little bit easier for the social

52:41equity companies um uh with through a

52:43special permit possibly. Uh we're a

52:46little different compared to retail. Uh

52:48for example, um I heard about parking uh

52:50with the the liquor stores. That's still

52:52an issue of parking with the cannabis

52:53companies in Arlington as well. Um

52:55there's a lot of different things that

52:57the um the license I'm looking for, the

52:59delivery operator, processing, and white

53:02labeling licenses. Um there would be no

53:05traffic plan, I would suppose. Uh to

53:07start off, it would have one driver, one

53:09person working inside uh the office. Um

53:12so there would be no um clients coming

53:15in and out. Uh also wanted to mention

53:17that um there's uh no branding. So for

53:22example in front of stores a lot of

53:23branding. It says cannabis around

53:25children. Uh on the cars there would be

53:27no branding as well. Uh CCC is very

53:30strict with this particular license. Uh

53:32there's body cameras. There is uh logs.

53:36um uh same security measurements as a

53:39retail uh as well with the cameras and

53:41uh and stuff like that. So um it's you

53:44know very strict in that regard, but I

53:46think that there'd be a couple of

53:47different things with the the uh

53:49delivery operating license uh compared

53:51to the retail that I'd like the board to

53:54maybe take a peek at. Um what I'm

53:56proposing is um next slide, please. Uh

54:01what I'm proposing um through the

54:03delivery uh I think it'd be a help to

54:06the community growing up here. Uh

54:08there's a lot of older people in the

54:10community. Um and it would just you know

54:12make it a little easier for them. Uh as

54:14far as security and uh age verification

54:18uh it would be just the same as retail,

54:20you know, very secure. Um uh I'd love to

54:24give back to the community and I feel

54:26that, you know, it it just wouldn't be

54:28as much of an eyesore or anything. We'd

54:30try to, you know, keep a low profile

54:32and, um, you know, u obviously stay away

54:35from the zones of playgrounds, um, you

54:39know, libraries, schools, and

54:40everything. Same rules as that. And um

54:44yeah, other than that um yeah, we just

54:46came here tonight to kind of explain,

54:48answer any questions, kind of introduce

54:49myself in the company, and really try to

54:51push forward to uh get the social equity

54:54cannabis uh community and uh have some

54:57representation uh compared to what we

55:00currently have.

55:02That's it.

55:03>> Thank you.

55:05>> Turn to the board for any questions.

55:09Mrs.

55:13Uh, thank you, Mr. Chair. And I am going

55:16to admit I am not wellversed in um the

55:20social equity programs through the um

55:24Mass Cannabis Commission. Um I guess one

55:27of my questions, so please don't take

55:30the naive of my questions turn for

55:32anything negative. It's just this is

55:34sort of a brand new area for me. Um I'm

55:38wondering if Mr. Mchugh is um I'd call

55:42you by your first name like you have our

55:44town manager, but I don't feel

55:45comfortable doing that. Um m Mr. McHugh,

55:48are you um

55:51a participant uh currently enrolled or

55:54eligible for the SCP, this social equity

55:58program that the Mass Cannabis

55:59Commission um has made available?

56:03>> Yes. Uh I've been in the social equity

56:05program for the last two years. Uh I

56:08believe it was cohort four I was um

56:11accepted in. Um and I in addition to

56:14being in the social equity program um I

56:17have received two tier one social equity

56:20grants from the executive office of

56:23economic development as well.

56:27>> Okay. And again my not not being well

56:30verssed in this um it's my understanding

56:34just reading briefly the legally sort of

56:39is that um with this program I think

56:43it's for uh communities or

56:47um communities that have been affected

56:50by the war on drugs andor for

56:53minorities. Um, I guess I would have one

56:57question through to the chair through

56:58the chair to town council. Is Arlington

57:01considered a community

57:04um that was hurt or has been classified

57:08as suffering harm under the

57:13legal wording or statute war on drugs

57:15community?

57:15>> Could I could I answer that actually?

57:18Okay,

57:18>> I'm going to go to attorney just because

57:20that's where it's directed. Of course,

57:22>> I'll give you

57:23>> he can always defer to you.

57:25>> Okay.

57:25>> Thank you.

57:26>> Thank you, Mr. Chair. Thank you, Mrs.

57:28Mahan. Uh, it's really about the

57:30applicant, him or herself, and whether

57:32they've been adversely impacted. Uh, the

57:34the programs designed to create a

57:36pathway for those individuals to obtain

57:40types of different types of licenses

57:42through the CCC. So, you know, the town

57:45of Arlington wouldn't necessarily be the

57:47the factor. It would be the individual

57:49seeking to get that license.

57:51Yeah, I'll give Mr. McHugh a chance.

57:53>> Oh, no. I mean, that's why he's getting

57:54paid the big bucks. He's right on point

57:56right there. And um Yep. It's uh there's

57:59no uh town or cities. It's just uh you

58:02have to apply as an individual through

58:05uh the command cannabis control

58:07commission social equity program and

58:09then you uh they do a little research

58:11and you are um accepted uh through them

58:15or not. uh the towns themselves. Um the

58:18Cannabis Control Commission has

58:20recommended to the towns and cities that

58:23they would implement a onetoone ratio

58:25between social equity cannabis companies

58:28and regular companies. What they're

58:29trying to do is push the social equity

58:31companies and towns to accept them a

58:34little bit more uh these days and show a

58:36little bit more presence.

58:40>> Okay. I guess I I was confused by the

58:41wording that the cannabis

58:44commission put out saying that social

58:46equity cannabis programs help people

58:48from communities hurt most by the

58:51initial cap war on drugs enter and

58:55succeed in the legal marijuana industry.

58:57So that's that's where I got the

58:58communities from. And I don't know if

59:00and I only defer to town council

59:02attorney Cunningham because I have a

59:03long established relationship for him

59:05with him and I'm I'm just a lowly court

59:08reporter. So, um I don't know if

59:10Attorney Cunningham has anything else to

59:11add to that or the chair.

59:13>> Attorney Cunningham.

59:15>> Thank you, Mr. Chair. And as usual, Mrs.

59:17Mahan is correct that there are there

59:18are 30 communities in Massachusetts that

59:20have been designated as area of

59:22disproportionate impact. Um Arlington is

59:25not one of those, but there are, you

59:26know, that is a consideration. So, um

59:29Mrs. Mah is on the mark that that is

59:30something also that the CCC looks at.

59:34>> Okay. Thank you.

59:36Any

59:38other questions?

59:41All set.

59:42>> Great. Thanks a lot, guys. Appreciate

59:43it.

59:45>> All right. So, we have two applicants

59:48for

59:50post commg

59:52agreements before, but I've now been

59:55corrected. Post community agreements.

59:57So, we'll go in the order that's listed

59:58now.

1:00:00A and B. So we have Buds Goods and

1:00:03Provisions Corp. DBA Buds Goods 1386

1:00:06Massav Alexandra Mazen.

1:00:11There was a little confusion on the

1:00:13timing. Um our application said 20

1:00:16minutes. We could try to keep it to

1:00:18around 15 20 minutes. That would be

1:00:22gravity would help.

1:00:26>> But since the application was posted for

1:00:2820 minutes, I will

1:00:30>> thank you.

1:00:30>> Honor that. Just gonna hand out to

1:00:34everybody.

1:00:35>> Thank you.

1:00:39>> Thank you.

1:00:42[snorts]

1:00:45>> I will say last time we had

1:00:47presentations at 20 minutes, we were

1:00:49here till 1 in the morning. So, yes, we

1:00:51were.

1:00:54All right. Um, good evening everybody.

1:00:57Um, my name is Phil Silverman from

1:00:59Vicente LLP. Uh, here representing Buds

1:01:02Goods and Provisions. Uh, it's also

1:01:04represented here today by its CEO, Alex

1:01:07Mason.

1:01:08And we are here to make a presentation

1:01:11which would allow this company to obtain

1:01:13a host community agreement to operate an

1:01:15adult use marijuana dispensary at 1386

1:01:19Massab. We can stay right on this slide

1:01:22here. Um, so to quickly introduce who we

1:01:25are, um, my firm is a nationwide

1:01:28cannabis law firm. We specialize in what

1:01:30we call cannabis compliance, which is

1:01:33making sure that we give the voters of

1:01:35Arlington and other places that our

1:01:37clients operate what they voted for,

1:01:39which is a safe, secure facility that

1:01:42follows every state uh, law and

1:01:45regulation and local ordinances to a te.

1:01:48Um, and then they sell uh independently

1:01:52tested cannabis to consumers age 21 and

1:01:55above. And we work with these clients to

1:01:57update them on the latest changes in

1:01:59regulatory law uh and local ordinances

1:02:02as well as industry best practices. And

1:02:04and we even do uh unannounced

1:02:06inspections sometimes to surprise our

1:02:08our clients and make sure that they're

1:02:10doing uh what they're supposed to do all

1:02:11the time, not when they know uh just

1:02:13know somebody's coming along to take a

1:02:15look. So, we've been working with Buds

1:02:17since 2016 um when uh really in the

1:02:21early days of legalized cannabis in

1:02:23Massachusetts. So, next to me is Alex

1:02:26Mason. Alex runs three uh premier

1:02:29cannabis retail operations in the state.

1:02:32Uh his company also operates a marijuana

1:02:34product manufacturing business uh which

1:02:37supplies his retailer and others uh with

1:02:39some of the best quality product in the

1:02:41state. um and he was among the first uh

1:02:44businesses to engage in the

1:02:45Massachusetts cannabis industry after

1:02:47medical marijuana was legalized. Um he's

1:02:50got a wealth of experience in the market

1:02:52uh really probably as much or more than

1:02:55anybody else in the state. So um you

1:02:57know it's a good fit we think for the

1:03:00town. Um and finally we're going to get

1:03:02into this a little bit more in the

1:03:03presentation but the company we're here

1:03:05on behalf of is Buds Goods and

1:03:06Provisions. It's been a highly

1:03:08successful uh retail company and you can

1:03:11see some of the um you know things on

1:03:13the presentation slide uh superior

1:03:16customer reviews and and some other u

1:03:19you know highlights of the company's

1:03:20story. Um before we get too much further

1:03:24in I want to give you a little bit of

1:03:26background on how we came to be here. Um

1:03:30many of you may be aware that there was

1:03:32an original operator of the business at

1:03:341386

1:03:36uh Massav. It was Apothka and Apothka

1:03:39suffered some severe financial problems.

1:03:42Uh went into a state court receiverhip

1:03:45proceeding. It's not unlike a bankruptcy

1:03:47proceeding. Um and there are

1:03:50representatives of the receiver that are

1:03:52uh available online. I think they're

1:03:54going to want a chance to to weigh in

1:03:55maybe during the public comment. Um but

1:03:59um you know what what's going on I I

1:04:02think he wants to give you some of the

1:04:04context that he's facing in terms of

1:04:06keeping the court happy uh that he's

1:04:08working for. But to summarize that that

1:04:11uh proceeding uh the receiver is charged

1:04:14with disposing of the assets of Apka

1:04:17trying to generate uh as much money as

1:04:19he can and distribute that to creditors.

1:04:22And so what he decided to do was market

1:04:24the Apotheca retail business to

1:04:26potential buyers. And after a review and

1:04:29vetting of several candidates, the

1:04:31receiver chose Buds Goods and Provisions

1:04:33as the operator to whom that license

1:04:36would be sold. Um the state court then

1:04:39approved that sale and really what

1:04:41remains for that transaction to proceed

1:04:43is for the town to provide buds uh with

1:04:46a host community agreement to operate um

1:04:49and then CCC approval of the license

1:04:52transfer. So want to make clear as far

1:04:55as that CCC uh approval goes uh Buds is

1:04:59ready to receive that license if it

1:05:01obtains that approval. They hold three

1:05:03retail licenses right now at one time.

1:05:07cannabis businesses could only hold

1:05:09three retail licenses. As of June,

1:05:11that's no longer the case. Um, they can

1:05:14actually, any business can hold five uh

1:05:17right now, plus in a while you're going

1:05:19to be allowed a six. So, BUDS has

1:05:21capacity to receive this license uh

1:05:24under those 2020 uh rule changes. The

1:05:27CCC is trying to revamp its online uh

1:05:31licensing portal right now. Right now,

1:05:33if you try to get a fourth license, they

1:05:34tell you you can't. Uh but they're

1:05:36revamping that. We expect that to be

1:05:38taken care of in the next 30 to 60 days.

1:05:40Uh so we'll be ready uh if we get the

1:05:43approval to move forward um and close

1:05:46the sale and get our approval at the

1:05:48state. Um again, I think the receiver is

1:05:50going to want to speak to that. Um so um

1:05:53that's sort of a broad overview uh of

1:05:56why we're here, but we're going to get

1:05:58into some detail and I'm going to turn

1:05:59it over to Alex if you want to go to

1:06:01slide three.

1:06:02>> Thank you, Phil. Uh, as Phil mentioned,

1:06:05I founded the company in 2016. I've been

1:06:08the CEO since day one when it was just

1:06:10one person. We now employ over 120

1:06:13people across all of our operations. Uh,

1:06:1786 and counting on the retail front. We

1:06:21[snorts] average a 4.8 Google review

1:06:23with thousands of Google reviews for

1:06:25each and every one of our locations. Um,

1:06:28what I really want to highlight is my

1:06:30team because for anyone who runs a

1:06:32business, they'll tell you that building

1:06:34the team is everything when it comes to

1:06:36a company. Um, every person on this

1:06:39board has been with me for at least 5

1:06:41years. Many have been with me, eight and

1:06:44eight in counting. Um, and so we have an

1:06:48entire corporate structure overseeing

1:06:51these operations. It is not just myself

1:06:55in the store. We have an HR facilitator,

1:06:59a controller, uh a regional manager that

1:07:02oversees all of the operations, a

1:07:04compliance and security manager. Um

1:07:07again, all who have been with me for at

1:07:09least 5 years um

1:07:13uh since since joining essentially. Um

1:07:16the two people I really want to call out

1:07:18are are Britain. She's been with me for

1:07:217 years. She now oversees all of our

1:07:24retail operations. Um, and then Brian

1:07:26Frasier has also been with us for seven

1:07:29years and he oversees all of our

1:07:30compliance and security. So when Vicente

1:07:33isn't doing their uh audits on us to

1:07:36make sure everything's going right,

1:07:38that's Brian's job on a weekly basis.

1:07:40Um, we have never had uh

1:07:46a letter of deficiency from the the CCC.

1:07:50uh we have passed each and every one of

1:07:52our uh inspections since inception. Um

1:07:57if you wouldn't mind flipping to the

1:07:59next slide. So going back to 2020 when

1:08:03we opened our first store in Worcester.

1:08:05I grew up in the city of Worcester. Um

1:08:07so I was really honored to be a

1:08:10recipient of one of the host community

1:08:11agreements. There were 71 applicants for

1:08:1411 licenses. I was the only one that was

1:08:17grew up in the city. So it was nice to

1:08:19see that be acknowledged. Um the

1:08:22following year we opened our second

1:08:23store in Abington, Southshore. Uh and

1:08:27then the following year after that in

1:08:292022, we opened up Watertown. Um in

1:08:32addition to these three stores, we also

1:08:35operate uh production facilities. These

1:08:37facilities essentially are packaging

1:08:40facilities. We do not grow cannabis. We

1:08:43basically buy it in large quantities

1:08:45from growers. Uh that way we can make

1:08:47sure we're inspecting it and quality

1:08:49controlling it as it's coming in through

1:08:51our stores and then we brand it under

1:08:53our own brands. Um and so the best way

1:08:56to think about our retails and what

1:08:58differentiates them is they're really a

1:09:00really like a Trader Joe's model where

1:09:02most of the products are branded under

1:09:04us, inspected by us. Um yes, we carry

1:09:07third we also carry third party products

1:09:09that we do not make. Um but but this

1:09:12allows us to at least get our eyes and

1:09:13hands on majority of the products that

1:09:15are going through our stores. Um

1:09:20again, I'll just note we've had a 100%

1:09:23compliance record in all five locations

1:09:25over the last uh Worcester's been open

1:09:28for six years. So since then, next

1:09:31slide, please. Uh just to really

1:09:33highlight um our achievements. We've won

1:09:36many awards since uh opening up,

1:09:39including best dispensary in

1:09:41Massachusetts by Boston.com. We've been

1:09:44featured in the Worcester Business

1:09:46Journal as the best business for

1:09:47multiple years in counting. Um we've

1:09:50also been awarded Boston.com readers

1:09:53choice award for dispensaries in the

1:09:55state of Massachusetts. Um and then

1:09:59Boston Magazine has identified us as the

1:10:02best dispensary two years in a row. Uh

1:10:04but one one thing I really want to

1:10:06highlight is if you look at the bottom

1:10:08right hand picture, that's just the

1:10:09photo of myself with Mayor Petty uh from

1:10:12the city of Worcester awarding me the

1:10:14key to the city. Um I I don't know what

1:10:17door it opens, but I do think it

1:10:19highlights, you know, what kind of

1:10:20operator I am and the type of business

1:10:22we would bring to this community. Um and

1:10:25and so I was really honored to receive

1:10:27the key to the city. Um since it's only

1:10:29given to one recipient a year. Um moving

1:10:33on and then the then you know beyond

1:10:36running our business we are also very

1:10:38involved in the communities in which we

1:10:40engage with. Uh we do annual

1:10:42Thanksgiving food drives. Um we do

1:10:45reoccurring monthly veteran coffee hours

1:10:49um for veterans in the community. Come

1:10:51come learn about cannabis. Um come see

1:10:54uh the stores understand uh the products

1:10:57that we carry for them. We extend

1:11:00obviously a discount to veterans. We

1:11:02have veterans discount program for

1:11:04veterans. That is not just during the

1:11:06the the coffee hours that we host once a

1:11:08month, but any day of the week when they

1:11:10join come in. Um we're also a part of

1:11:13the Chamber of Commerce in the cities

1:11:16and towns that we're engaged with. And

1:11:18lastly, we do bianual neighborhood

1:11:21cleanups engagements um in all the

1:11:23communities that we're involved with. So

1:11:25just highlighting some of the things we

1:11:27do beyond just being a great business in

1:11:30the community that we do get involved

1:11:32with the community as a whole.

1:11:35Okay. Um so the property that this

1:11:38business is going to operate from 1386

1:11:40Massav um the receiver is actually

1:11:43presently operating the dispensary there

1:11:45although Buds does provide a lot of the

1:11:47product uh for the receiver to operate

1:11:49right now. um as a part of the

1:11:52receivers's sale to my client, the

1:11:54receiver is going to assign the existing

1:11:56lease of that property to my client. Um

1:12:00and in the materials that we set uh sent

1:12:02to you in our application, the landlord

1:12:05uh has has signed uh an ascent to that

1:12:08assignment. Um so uh we're sort of ready

1:12:12to take over with the landlord's ascent

1:12:14um you know uh based upon what the

1:12:17receivers's rights are to assign that to

1:12:19us. Um, the property itself is really

1:12:21ideally suited to be a cannabis retail

1:12:23facility. 2,000 square ft. So, it's got

1:12:26the capacity to serve customers

1:12:28comfortably even at peak hours of

1:12:30operation. Um, and the real proof of

1:12:32suitability of the site, I think, is its

1:12:34history. U, it's operated in that

1:12:36capacity for several years without any

1:12:38security incidents or negative impact to

1:12:40the neighborhood. Um, next slide.

1:12:44Uh, the other advantage to this site is

1:12:45that it's been previously permanent and

1:12:47vetted. Um there was a traffic study

1:12:50done uh that you know showed that that

1:12:53we wouldn't really be creating any ne

1:12:54negative impact by opening this

1:12:56business. There are 12 on-site parking

1:12:59spaces here. Um that's more than

1:13:01sufficient even with the increased

1:13:03volume levels that my client anticipates

1:13:06once its marketing program goes into

1:13:08effect. Um a lot of customers pre-order

1:13:11now and because of that they're not

1:13:13standing around in line. they come in

1:13:14the average visit at one of these

1:13:16dispensaries is about 8 to 10 minutes.

1:13:18So those 12 spaces are going to turn

1:13:20over five to six times per hour. So they

1:13:23can actually handle 60 to 70 customers

1:13:26per hour uh which is far more than

1:13:29really any dispensary uh handles uh

1:13:32anywhere quite frankly. So um you know

1:13:35we think it's ideal from that

1:13:37perspective. It's also near a number

1:13:39five different MBTA bus routes. I think

1:13:41they're all within like a half a mile of

1:13:43there. So uh it's ideal from that

1:13:45perspective as well. Next page please.

1:13:48Um so the the receiver process uh again

1:13:52I went into it a little bit earlier. Um

1:13:55but you know it there was a rigorous

1:13:58process that ended up in Buds being

1:14:00selected as the buyer for these assets.

1:14:02Uh that sale was approved in May. Um,

1:14:05and really so this HCA process is the

1:14:08only thing uh going forward that that

1:14:10that we need to proceed and close the

1:14:13sale. Alex, you want to take the next

1:14:15one?

1:14:16>> Sure.

1:14:18Uh, so I guess the question is what

1:14:19changes, what stays the same most

1:14:21importantly? Uh, I I want to preface

1:14:24that I believe that this site has every

1:14:26characteristic that I look forward into

1:14:29seeing whether a dispensary should be

1:14:31successful or not. I believe this site

1:14:33has all of those things and it really

1:14:35failed because it didn't have the right

1:14:36operator in place. And so I would say

1:14:38the biggest thing that's changing is

1:14:40obviously the operator. Um I think we

1:14:42bring in an enormous amount of

1:14:44experience to turn this around and make

1:14:46it a much more successful business. Um

1:14:49one of the things we like to do is

1:14:51invest in the exterior of our uh

1:14:54operations. if you visit any one of our

1:14:56locations and they've all received uh

1:14:58design awards for what we invest into to

1:15:01make it feel a part of the community and

1:15:03very friendly and inviting obviously

1:15:05staying within the guidelines of signage

1:15:07that the town has. Um, but currently the

1:15:10building is uh a a concrete facade and

1:15:16so we would like to spruce that up and

1:15:18as you can see um you know paint it on

1:15:22the front, add some cleaner signage. Um

1:15:26so those are things that we would be

1:15:27changing. Uh in addition to hours of

1:15:31operation, uh we believe that a store

1:15:34open Monday through Saturday 10 to 10 is

1:15:37what consumers and customers like to

1:15:41have. Um and then on Sundays 10 to 8. Uh

1:15:44what won't be changing? We'll be staying

1:15:47in the same building. The parking lot

1:15:49will remain the same. Um the location is

1:15:53the same. Um, and it will remain an

1:15:56adult use cannabis dispensary.

1:16:00>> Next slide, please. So, I'm just going

1:16:03to briefly go over security. I think,

1:16:06you know, having done this with quite,

1:16:09frankly, a hundred towns or so across

1:16:11Massachusetts for the last 10 years.

1:16:12What most towns care about is that they

1:16:15get a safe and secure facility. And

1:16:18having an operator with this kind of

1:16:19experience is kind of essential to that.

1:16:21So, uh, it's a state-of-the-art security

1:16:24system and the training and the

1:16:25procedures are also, uh,

1:16:27state-of-the-art in the industry. Uh,

1:16:29there's cameras all around the exterior.

1:16:31We get a 360 degree view. We see

1:16:34everybody that's coming and going in

1:16:35this facility. Uh, every room where

1:16:38marijuana is handled or stored also has

1:16:40a security camera. Uh, and the video is

1:16:42retained for 90 days. Uh, there's alarms

1:16:45on all the doors and the windows, and

1:16:47there are panic and duress alarms at

1:16:48various strategic points within the

1:16:50building. Um, in order to ensure that

1:16:53employees aren't diverting product

1:16:54outside the normal channels, there's

1:16:56what's called a seed to sale tracking

1:16:58system of inventory. So any product that

1:17:01comes in the door, uh, it's immediately

1:17:03barcoded and you weigh it. And then, um,

1:17:06you're periodically weighing that

1:17:08inventory again over the next few days,

1:17:10weeks, etc. And so if a package that

1:17:12weighed a half an ounce last week

1:17:14suddenly only weighs an eighth of an

1:17:16ounce, you know there's a problem. uh

1:17:18you go back to that video uh you find

1:17:20out what happened, who's responsible for

1:17:22diverting that product uh and that

1:17:25employee would be terminated. CCC has a

1:17:27no tolerance policy uh for any kind of

1:17:30employee diversion.

1:17:32>> Um yeah, I I just want to add our

1:17:34company policy is five inventory takes

1:17:37per day. That means before we open the

1:17:39store, all inventory is counted three

1:17:42times throughout the day. as uh traffic

1:17:46patterns shift, we'll do it during the

1:17:47downtimes and then at closing. So, we

1:17:50are taking inventory counts five times a

1:17:52day to make sure we've never once had a

1:17:54single product diverted

1:17:56>> and and you can imagine in doing that

1:17:57the training is a pretty essential part

1:17:59of uh the you know compliance uh and

1:18:03security process here. uh the employees

1:18:05go through a CCC mandated responsible

1:18:08vendor training program, but also

1:18:11anybody coming online here uh goes

1:18:13through, you know, uh significant

1:18:15training modules to try to get them up

1:18:17to speed uh before they even are allowed

1:18:20to have any kind of a job here that

1:18:22faces the customer. So, um Massachusetts

1:18:25has a very rigorous security oversight

1:18:27and Buds has never had a compliance uh

1:18:30problem in that regard. Next slide. And

1:18:33again, just to remind you, I don't know

1:18:34if you've ever been in one of these

1:18:36places, but highly secure facility. You

1:18:39can see the entrance. Uh customer walks

1:18:41into the entrance and goes into what's

1:18:43called a sally port. Can't proceed any

1:18:45further uh in into the store unless uh

1:18:49ID is shown at the check-in counter and

1:18:51then they buzz you in through the door.

1:18:53You meet a sales representative. They'll

1:18:55help you uh figure out what your order

1:18:57is, whether you're just doing it there

1:18:58or you've pre-ordered.

1:19:00um and uh they'll check your ID again,

1:19:03send you out the store uh of the exit.

1:19:06So um that's really it. I don't think we

1:19:09have anything happy to answer any

1:19:10questions you might have.

1:19:12>> Thank you. I'll turn to the board for

1:19:14any questions.

1:19:21>> Back.

1:19:24>> Thank you. Thank you, [clears throat]

1:19:25Mr. Chairman. Thank you for the um

1:19:27presentation. And I know within the

1:19:29presentation documents you had the um

1:19:33the letter of intent that was signed by

1:19:35the landlord, but one of the things

1:19:37that's referenced there is that the term

1:19:40is the same as the existing lease. We

1:19:42know the lease was signed in 2020. Is

1:19:45there remaining term on the lease?

1:19:47>> Yes, there's still three years on the

1:19:49lease with an extension of five years on

1:19:52that lease. Um the landlord wanted to

1:19:54see that lease go all the way through

1:19:56before we

1:19:58create a new one.

1:19:59>> Okay. Yeah. And I understand why you

1:20:01wouldn't put those terms in, but I just

1:20:02want to to make sure of that. And

1:20:05Attorney Silverman mentioned that the

1:20:07receiver may want to address the board,

1:20:09but I notice part of your uh asset

1:20:12purchase agreement for the Anington

1:20:14assets. He has agreed to cooperate with

1:20:16you in this application. So, not

1:20:20surprising that he would be here

1:20:21tonight, but that's part of the

1:20:22agreement. Correct.

1:20:23>> That's correct.

1:20:24>> Okay. And then one one other um just

1:20:27you're talking about the approval of

1:20:28host community agreement. I know there's

1:20:31an attachment to the purchase agreement

1:20:33that the host community agree approval

1:20:36HCA approval is capable of three

1:20:39definitions but just to be clear the one

1:20:41that um and one of them is if there's an

1:20:44assignment of an existing HCA if you're

1:20:47able to obtain a new one which is what

1:20:48you're attempting to do here. So, of the

1:20:51three, it looks like it's um item one of

1:20:55HCA approval, the approval, and I'm

1:20:58going to say town were defined as a city

1:21:00in the agreement. I know that would make

1:21:01Mrs. Mahan very happy, but the approval

1:21:04by the town of a no new host community

1:21:07agreement. That is a condition of the

1:21:09sale. You can't go forward until you get

1:21:10that.

1:21:10>> That's right. Okay. Thank you.

1:21:15>> And that is the only remaining component

1:21:17for us to finalize. and and it's not

1:21:21before us anyway, but I know when you

1:21:23were here before um there was a question

1:21:26whether a special permit needed to be

1:21:27transferred or whether that runs with

1:21:29the land. I know that's defined as one

1:21:31of the government approvals. So whether

1:21:33you need that or you don't, I have no

1:21:35idea, but it may be something else you

1:21:37need to do.

1:21:39>> Sorry. I'm sorry, Mr. Chair.

1:21:41>> No problem. Mr. Salman,

1:21:43>> thank you very much for the

1:21:44presentation. Um, one of the things you

1:21:47highlighted was your sort of

1:21:48neighborhood involvement and activities

1:21:49that you do. Um, you know, having been

1:21:52involved with the the store for a while,

1:21:54what are what are some of the, you know,

1:21:56local businesses, organizations in

1:21:58Arlington that you'd be involved with?

1:22:01>> Well, I think trying to keep themes

1:22:04across the company. One of the things is

1:22:06we focus on um, first responders and

1:22:09veterans very closely.

1:22:12um that's sort of been our area of focus

1:22:15and involvement for many years now as a

1:22:18company. So I would remain focused on

1:22:20those two um

1:22:23areas where we would be involved.

1:22:25>> Okay.

1:22:26>> Um

1:22:28and then one other you you encouraged us

1:22:30to visit a store. Um unfortunately

1:22:32didn't have the time to do that but I

1:22:34took to Google instead. Um, and you

1:22:37know, the stores look very nice and um,

1:22:40you know, you're, as you mentioned, the

1:22:41the level of compliance that you have is

1:22:43very good. I one of the things that I

1:22:46came across that I'm I'm curious about

1:22:48was a wage theft violation settlement

1:22:51maybe before the three-year period that

1:22:54was asked in the application itself. Can

1:22:57you tell us a little bit about that?

1:22:59um that is tied to a a tipping

1:23:02um

1:23:05situation that we addressed. Um

1:23:08essentially the way we were handling

1:23:12tips needed to be re-evaluated and so we

1:23:16did those things. Originally,

1:23:19um,

1:23:21we settled on that because

1:23:24the courts couldn't come to a decision

1:23:26because we weren't officially making a

1:23:28product on like when you go to Dunkin

1:23:31Donuts and they pour you your coffee,

1:23:32they're actually making you something,

1:23:34>> right?

1:23:35>> And so that really triggers a tipping

1:23:37protocol. [snorts]

1:23:40>> When you're just being handed something,

1:23:43that doesn't trigger a tipping protocol.

1:23:46And so we

1:23:50we did not have a tipping protocol. And

1:23:52so we had to we decided to put one in

1:23:55place because people staff members

1:23:58believed that they were making a

1:24:00product. They were making the sale of

1:24:02the product. Um but at no point were we

1:24:05diverting tipping to of employees.

1:24:09So, so employees were given money above

1:24:13the sort of cost of the product

1:24:16in as part of the transaction.

1:24:18>> Yeah. I mean, like with everything now,

1:24:22when you swipe your card, there's an

1:24:24option to tip.

1:24:25>> Okay.

1:24:26>> We did not have a tipping policy early

1:24:29on and then we created a tipping policy

1:24:33because employees ex wanted that as a

1:24:37thing. And so

1:24:40the the courts essentially

1:24:43did not take a position and our position

1:24:46was if that's important to the employees

1:24:49and that's what it takes to get better

1:24:52employees to work at the stores, we then

1:24:55implemented a tipping protocol.

1:24:57>> Okay. So you've had a protocol in place

1:25:00from that point forward.

1:25:01>> Correct.

1:25:02>> So there's nothing out there now. There

1:25:05is not related to tipping.

1:25:07>> Okay,

1:25:10>> that's all I had. Thank you, Mrs. Mahan.

1:25:17>> Um, thank [clears throat] you, Mr.

1:25:18Chair. Um, you may have said this and I

1:25:22just can't I didn't hear it or I can't

1:25:24find it in the documents. Could you just

1:25:26give me what an average staffing um

1:25:32say uh Wednesday and a Sunday in terms

1:25:36of number of employees? I think it's how

1:25:38many bud tenders and things like that.

1:25:40I've never been in one of the stores. I

1:25:42know my previous colleague, Mr. Don,

1:25:45used to be able to fill me in on that,

1:25:47but he's not on the board anymore. So,

1:25:49um if you could just tell me what what

1:25:50what the staffing would be like on a

1:25:53weekday versus a Sunday. Sure. Uh, I

1:25:56think it's important to realize our

1:25:58stores operate from 9:00 a.m. to 10:00

1:26:01p.m. We're we're we're requesting a 10

1:26:03to 10 here. Um, but that usually

1:26:05typically takes two shifts. So, we're,

1:26:08[snorts] you know, we have a daytime

1:26:09shift and an evening shift. Um, we also

1:26:12heat map out the traffic flows

1:26:15throughout the day on when are the peak

1:26:17hours of customer sales and when are the

1:26:20lulls. And so we staff accordingly to to

1:26:24the demand. Um a store like Arlington,

1:26:29which is currently a lower volume store,

1:26:32um on a non busy time, let's say Monday

1:26:37morning or Sunday morning, uh we would

1:26:40staff three people, one in the

1:26:42vestibule, one in the vault, one on the

1:26:45sales floor. Um, however, if we're

1:26:48looking at, let's say, Friday, [snorts]

1:26:50for example, in the evenings after five

1:26:52o'clock, which is our busiest hours of

1:26:55operation, um, a store like Arlington

1:26:58would have four people uh, staffed.

1:27:02Obviously, as sales continue to grow, it

1:27:04might need that fifth person. And so,

1:27:07those people are really the addition on

1:27:09the sales floor to transact the volumes

1:27:12and process the transactions. Um, so I

1:27:15would say for for Arlington anywhere

1:27:17between three to five uh employees at

1:27:20any given time. Obviously we have stores

1:27:22that are busier. Those stores have six

1:27:25or seven, but again it's really coming

1:27:26down to the bud tenders.

1:27:32>> Okay. Um,

1:27:35I guess that's all the questions I have.

1:27:37Thank you,

1:27:42>> Mr. Town Manager. Thank you, Mr. Chair.

1:27:44Not necessarily a question, but just a

1:27:46point I wanted to make for the board and

1:27:48the applicant's benefit. As we were

1:27:50talking about the proposed hours of

1:27:52operation, just wanted to note though a

1:27:54separate entity. Our board of health

1:27:56does have a set of regulations in place

1:27:58now for a number of years uh regarding

1:28:01the sale of adult use recreational

1:28:03marijuana. And one of the uh conditions

1:28:06of getting a marijuana

1:28:08uh operating permit is that the hours of

1:28:13operation are restricted from to 9:00

1:28:15a.m. to 8:00 p.m. daily. I just noted

1:28:18the applicant made note of a 10 p.m.

1:28:20closure time, but that's currently uh in

1:28:22conflict with a certain provision of the

1:28:24board of health regulations. So, I

1:28:26wanted to point that out.

1:28:27>> They have every intention to comply.

1:28:31>> Can you try any kind? Did you have I

1:28:33should ask you at the beginning if you

1:28:34had anything about the applications in

1:28:36general that you want to add before we

1:28:39hear them.

1:28:40>> Not at this time, Mr. Chair. Thank you.

1:28:41>> Thank you. And we had I talked to town

1:28:45manager previously. So after we hear the

1:28:47applications and the presentations, we

1:28:50are going to give the receiver a brief

1:28:53opportunity to address the board.

1:28:56>> Mr. Helmouth,

1:28:57>> thank you. Uh I'll try to fix the yellow

1:28:59next time if there is one. Um, thank you

1:29:02for your application. Um, and it was a

1:29:06it was a good read. I appreciate all the

1:29:08detail. I noted speaking to business

1:29:11hours that you know in talking about

1:29:13your business plan, you really

1:29:16emphasized the short business hours of

1:29:18the predecessor and I think that you

1:29:21implied or maybe even say that you felt

1:29:23that that was one reason where they were

1:29:24not realizing the the revenue potential.

1:29:28Um, and I understand you were also very

1:29:30clear that, you know, you don't have

1:29:32views, you don't have information behind

1:29:34about that company's books, you don't

1:29:36know what was really going on. But I

1:29:38wonder if you could elaborate on at

1:29:41least on the surface how you feel like

1:29:44you can staff up and make that

1:29:47commitment to having staff there and

1:29:49keeping the store open when the previous

1:29:51owner couldn't and why that is, you

1:29:53know, why that's different. And I don't

1:29:55know if you I don't want to ask you to

1:29:56speculate on why they couldn't, but if

1:29:58you have any insight into sort of why it

1:30:00wasn't so simple to just have people

1:30:02there more the time to to get to get

1:30:04more sales. And I guess what I'm really

1:30:06asking is uh your level of confidence

1:30:08particularly given that you may not be

1:30:10able to be open until 8 until 10 p.m.

1:30:13that it may well be the 8mm that's set

1:30:15by the board of health. what your level

1:30:17of confidence is that there is

1:30:18sufficient

1:30:20uh market space there and and and and

1:30:24revenue in in customers um if it's just

1:30:26a matter of hours of expanding the hours

1:30:28a little bit. Yeah, I'm I'm gonna we've

1:30:30we've talked about this quite a bit and

1:30:32sort of discussed um you know in the

1:30:35context of a lot of other businesses

1:30:37that we represent and and understand the

1:30:40the problems of the the prior operator

1:30:42and you can find this because there's a

1:30:45receiverhip going on um you know with

1:30:47that operator you can find out the

1:30:49information about how much debt they

1:30:50had. It it primarily stemmed from the

1:30:52fact that early on um in the marijuana

1:30:56approval process in the state, that

1:30:58company went out and they purchased an

1:31:00extremely expensive cultivation

1:31:02facility. Um well over $10 million. And

1:31:06um what in has happened and happened in

1:31:09that case was that's just too too much

1:31:11debt to sustain. Um, and so what that

1:31:14meant was stores like this, they just

1:31:16weren't able to put in the funding that

1:31:18you need to market u the store correctly

1:31:21or to do the branding that you need to

1:31:22do. Um, they were just incapable of

1:31:25doing it. you know, the the hours play

1:31:27into that a little bit, but it's really

1:31:29much more related to a company that just

1:31:32can't focus on the uh things that you

1:31:35really need at the granular level at a

1:31:37retail store because you got too much

1:31:39debt going on and too many problems

1:31:41trying to do a a huge uh cultivation uh

1:31:45you know uh activity uh in the western

1:31:49part of the state. So I I think you know

1:31:51we talked about Alex talked about the

1:31:53number of employees. That's assuming you

1:31:54keep sales at the same level. He fully

1:31:57intends to grow this store to where I

1:32:00suspect you're going to have more like

1:32:01six or seven employees at peak times. Um

1:32:04because you'll get to that, but at the

1:32:06beginning it'll be sort of the smaller

1:32:07number. It'll take a little time for it

1:32:09to catch on. I

1:32:10>> I also want to note that when you do

1:32:13have your own cultivation, you know what

1:32:15I what I say about our our stores is

1:32:17we're curators. We're not cultivators.

1:32:20Meaning we are looking at over 120

1:32:23different cultivators on a weekly basis

1:32:25in the state and negotiating deals with

1:32:29them where when you are vertically

1:32:31integrated or you have your own

1:32:34cultivation and in the instance of Apka

1:32:38whether you're growing good product or

1:32:40not good product you end up trying to

1:32:42force the sale through the store. And so

1:32:44I think the the the product skew mix was

1:32:47just not robust enough was probably one

1:32:50of the major factors why the store ended

1:32:53up not performing well. But if you look

1:32:55back at the history of the store when it

1:32:56first opened, it was a high performing

1:33:00store. It was doing good volumes. It

1:33:03went downhill as the company began to

1:33:06run into financial issues. Um and for

1:33:09that reason it gives me confidence that

1:33:12there is the market demand there. This

1:33:15store didn't meet it expect the market's

1:33:18expectations out the gate. But we

1:33:22believe and I believe with our

1:33:23reputation in the market and our

1:33:25abilities to communicate to cannabis

1:33:28consumers um that we will let them know

1:33:31that Buds is now here and that they have

1:33:33access to what every [snorts] Buds store

1:33:36would have access to. In terms of

1:33:38answering your question around staffing

1:33:40and my level of confidence,

1:33:42it it's 100%. We have a builtout

1:33:46recruitment, you know, HR focus. We have

1:33:49two uh people in our HR department. One

1:33:52is fully dedicated to recruitment as a

1:33:54full-time part of the role. Um we've

1:33:58employed over couple hundred people at

1:34:00this stage. So we know what it takes

1:34:02where these people, you know, where to

1:34:04find key people. I will also say that I

1:34:07think

1:34:08one of the issues with the existing

1:34:10store is salaries weren't competitive

1:34:13and wages weren't competitive and so we

1:34:15know what wages need to be in order to

1:34:18be competitive to find the right talent.

1:34:21>> Thank thank you. That's helpful. One one

1:34:22final short thing, Mr. Chair. Um since

1:34:25um Mi Mr. Finey mentioned that the

1:34:28town's uh hours are uh perhaps

1:34:32incompatible with with a detail that

1:34:34another detail may be signage. I'm not

1:34:36sure that we have bracket and blade

1:34:38signs in our zoning in our side zone

1:34:40zoning and um the manager could could

1:34:44speak to that. But I think just just a

1:34:45quick question if if they were not

1:34:47possible, would that affect your your

1:34:49feasibility or interest?

1:34:51>> Of course, we we would comply to what

1:34:53the signage regulations allow us to do.

1:34:56Um,

1:34:58I think if you look at any of our

1:34:59signage, we're we're creative to play

1:35:02within the confines of the regulations

1:35:05to bring attention to the business. I

1:35:08think we do it with grace and class and

1:35:10it's not, you know, neon green lights

1:35:12with marijuana leafs blinking. Um, by no

1:35:15means. Uh, you know, we try to be, uh,

1:35:19steward of what businesses should look

1:35:22like in communities. Um, so blade signs,

1:35:28whatever the sign is will comply.

1:35:31>> Thank you. Thank you for that. And thank

1:35:33you, Mr. Chair.

1:35:35>> And that building could use a painted

1:35:36code if if that's [laughter]

1:35:39more than that. Any additional questions

1:35:42[snorts]

1:35:43that you guys can both take a seat.

1:35:47>> Thank you. All right. We'll invite up

1:35:54Debilitating Medical Condition Treatment

1:35:56Centers, Inc. DBA DMC.

1:35:58Same site. Jared Glanceberger.

1:36:09[clears throat]

1:36:10I will give you 20 minutes as well.

1:36:13>> Great. Is it possible to have the

1:36:16presentation

1:36:18Thank you, Mr. Chair.

1:36:22Um,

1:36:24I'll just start. Yep. Uh, in the

1:36:26interest of time, uh, good evening,

1:36:28members of the board, friends, and

1:36:29neighbors. I'm Jared Glansberger, the

1:36:32CEO of Debilitating Medical Condition

1:36:35Treatment Centers, Inc., which just

1:36:36rolls off the tongue, so I'll say DMC.

1:36:40Uh, tonight we're discussing operators

1:36:43and really visions for this site. The

1:36:47reason we're the right selection is

1:36:48because we have a differentiated vision

1:36:51specific to the Arlington Heights in

1:36:53line with the town's own plans for the

1:36:56neighborhood and business district. We

1:36:58want to contribute to the growth, the

1:37:00vibrancy, the accessibility of the

1:37:03neighborhood. Yes, because it's in line

1:37:05with my business, but also because I

1:37:08live here. So the question isn't only

1:37:11who can operate. It's what each operator

1:37:14is prepared to build, how it will

1:37:16behave, and how the town will know

1:37:18whether it's delivering.

1:37:20Before we applied, we asked ourselves

1:37:22three seemingly simple questions. One,

1:37:26can DMC operate a great retail store?

1:37:30Two, can DMC complete the transaction

1:37:33and licensing? Three, can DMC be

1:37:37successful at the site? These are the

1:37:40questions I'd want answered if I were

1:37:42sitting where you are. This presentation

1:37:44builds towards those answers.

1:37:47We've also asked to be held to specific

1:37:49dates. We'll go through those, too. So,

1:37:53who is DMC?

1:37:57>> I sorry, not [snorts] sure.

1:37:59>> I don't have a presentation from you.

1:38:01>> Oh, I think I emailed it to you. I have

1:38:04your application that you submitted last

1:38:06Wednesday.

1:38:07>> Okay, let me try resending it right now.

1:38:11>> While Mr. Glansberger is doing this,

1:38:13I'll introduce myself to the select

1:38:14board. I'm Jonathan Bard, uh, council

1:38:17for DMC.

1:38:19>> So, I have C B O N G I O R N O at

1:38:25town.arlington.mma.

1:38:28us. No. Oh,

1:38:31>> what is the address? Yep.

1:38:33>> M A H E R

1:38:35>> Yep.

1:38:37>> town.

1:38:40The same us.

1:38:44>> US. I apologize.

1:38:46>> Okay.

1:38:49Okay.

1:38:51Great.

1:38:53[snorts]

1:38:55>> Once I receive that.

1:38:57>> Great. Okay. We can keep going, I think.

1:39:02Okay. Uh, we started as a farming

1:39:05operation in a small back field in

1:39:07Western Mass. We've grown to occupy a 50

1:39:10plus acre campus, including extraction

1:39:12and manufacturing, and we're acquiring

1:39:15additional industrial spaces in Western

1:39:17Mass. We're now one of the state's

1:39:20largest operators by output. We supply

1:39:23many, if not most, of the best known

1:39:25brands in Mass. But I live here, a

1:39:2910-minute walk from the site we're

1:39:30discussing. My kids went to Fidelity

1:39:33House and are in APS. I coach soccer

1:39:35here. My family is here. This is home

1:39:38for me. So, if something isn't working

1:39:40at 1386, I'm not a distant owner. I'm

1:39:43here. I'll hear about it on the sideline

1:39:45at practice or in text messages about a

1:39:47gummy from neighbors. When a neighbor

1:39:50has a problem with the parking or the

1:39:51lighting and my friends are the store's

1:39:54neighbors, the person who decides what

1:39:56to do about it will be standing next to

1:39:58them at the next school concert.

1:40:01DMC holds three licenses, all in weight,

1:40:05two for cultivation, one large scale

1:40:07sunrown license, and one craftscale

1:40:10indoor license and one for product

1:40:12manufacturing.

1:40:14About 75 people are on the team. We

1:40:17collectively do everything from

1:40:18marketing, analytics, design, finance,

1:40:22human resources, compliance, security,

1:40:26facilities and equipment, and supply

1:40:28chain. We started in the state medical

1:40:31program.

1:40:32We don't want you to take have to take

1:40:34our word for how we've behaved since

1:40:36being licensed. Call our host community.

1:40:39Call Weightley without telling us first.

1:40:42ask how we are as community participants

1:40:44and whether we start economic

1:40:46development efforts of our own

1:40:48initiative.

1:40:50One thing I'll say at the outset, DMC

1:40:52doesn't run a retail store today. That's

1:40:55a central execution question and we've

1:40:58designed our proposal to address it.

1:41:00That said, throughout our history, we've

1:41:03acquired new skills, hired and

1:41:05integrated talent to take on new

1:41:06challenges, and have grown multiffold

1:41:09since our days in the small back field.

1:41:13Okay, so we're on slide four now.

1:41:20>> Great. Here's what we're asking to

1:41:22build. One store serving adult use

1:41:25customers and registered patients. On

1:41:28the adult use side, this transaction

1:41:30would be affected through a change of

1:41:31ownership of the existing retail license

1:41:34issued for this address through the

1:41:36court supervised sale. On the medical

1:41:39side, we would apply for a new

1:41:40application. The store is actually

1:41:43designed with medical in mind. We'll

1:41:45have stock held back for patients, a

1:41:47separate patient line, and a private

1:41:49consultation area. We'd call it corner

1:41:52chemist. Why this corner? Why this

1:41:54location?

1:41:56Uh, next slide. When you walk out the

1:41:59front door of 1386, the MBTA busway is

1:42:02right across the street. The Minute Man

1:42:04is a short walk away. The town's plans

1:42:07for the Heights from the neighborhood

1:42:09action plan to amp up to the new Heights

1:42:12business district proposal keep coming

1:42:14back to the same things. The busway, a

1:42:17livelier business district, streets

1:42:19people can actually walk. We want this

1:42:21store to fit those plans and it should

1:42:23be built out further in that image.

1:42:26There's real value in continuity, but

1:42:29this isn't just a change of operator.

1:42:31It's a chance to decide what this

1:42:33storefront can become.

1:42:38Okay. So, we want to give 1386 new life,

1:42:42vibrant, accessible, a visual throughine

1:42:45with other public art in the area, to

1:42:48increase density of art and build on

1:42:50what already exists in the neighborhood.

1:42:53To respond to the developmental vision

1:42:55of the town, a chance to put private

1:42:58dollars behind public revitalization.

1:43:01We work with Bergmeire, the design firm

1:43:03with many principles in Arlington, to

1:43:05attract artists to create mural con uh

1:43:08concepts in an open design concept for

1:43:10the space. DMC would pick finalists and

1:43:13seek an appropriate town counterpart in

1:43:15selecting the winner.

1:43:18This is meant as an example of the kind

1:43:20of private investment we're prepared to

1:43:21make in the physical character of this

1:43:23address to benefit DMC. Yes. And the

1:43:27neighborhood. We believe a storefront

1:43:29should be a gift to the street, to our

1:43:32community, to a more vibrant and lively

1:43:34business district. That's the vision.

1:43:39Now for the part most people in

1:43:40Arlington, especially the Heights, will

1:43:42ask about parking.

1:43:47Uh, this is Arlington Heights. I went to

1:43:49all the pub meetings, so I know every

1:43:51conversation ends up at the parking

1:43:53eventually. Here's the planning case. So

1:43:56A is the planning case from the um from

1:43:59the application. So we target $4.5

1:44:01million in sales at maturity. So this is

1:44:04in 24 months. A $48 average basket, 90%

1:44:09of people arriving by car. So that's the

1:44:11highest figure in the town's heights

1:44:14survey

1:44:1515 minutes in and out. So those are the

1:44:17boundary constraints that we're using

1:44:19for our assumptions here. So those are

1:44:20above what we've already heard as

1:44:22average as average time. So this is

1:44:25saying suggesting that we're taking a

1:44:27more conservative approach to our to our

1:44:29assumptions here. Uh in the busiest hour

1:44:31of the busiest day, that's a customer

1:44:33about every 90 seconds and about eight

1:44:36cars against 10 general spaces. So

1:44:38there's 12 in the lot. Uh but so we've

1:44:41assigned there's uh a Bank of America uh

1:44:44ATM that's there that you also have to

1:44:46accommodate space for as well. So let's

1:44:48look at the assumptions where it doesn't

1:44:49work. The statewide basket 10.8. So

1:44:53these are uh these are the assumptions

1:44:55here and you can see so for the for

1:44:58several for most of them it works for

1:45:00three of them it's uh it's outside. So

1:45:02if the basket size drops to 35.64 which

1:45:05is the state average 10.8 people there'd

1:45:08have to be a car on the street. Uh a

1:45:10heavier peak hour 10.1 people lingering

1:45:1320 minutes 10.7 three of six go over

1:45:16what's available in the private lot each

1:45:18by less than one car. What drives it is

1:45:22how long people stay. So that's what we

1:45:24go after in our mitigation strategies. A

1:45:2730% pre-order target. Staffing to the

1:45:30peak so that people are in and out more

1:45:31quickly. Deliveries before 11.

1:45:35Employees don't park on the street from

1:45:37day one. We provide a public transport

1:45:39and bike incentive to the team. And at

1:45:42200 transactions a day, we pay for

1:45:44additional off- streetet spaces.

1:45:47Now, medical access.

1:45:51Uh, medical is far from the reason this

1:45:53business makes money. We're proposing it

1:45:56because access matters to the town and

1:45:58to us. We're named for a definition in

1:46:01the initial enabling legislation for the

1:46:03medical program. We believe in the

1:46:06importance of the plant, in access, in

1:46:08medical professionals helping patients,

1:46:10and in the medical program.

1:46:13Medical is about an eighth of sales and

1:46:15about a 20th of operating income in our

1:46:17assumptions. Patients pay no excise and

1:46:21because we believe patient access

1:46:22matters, we price it below the adult use

1:46:24shelf. So the margin is thinner. The

1:46:27town collects no local excise on those

1:46:29sales about 13.5 to $20,000 a year at

1:46:33maturity. That's foregone.

1:46:36We can afford to carry medical because

1:46:38part of what's on the shelf comes from

1:46:40our own production at production cost.

1:46:43So, we're one of the large outdoor

1:46:46cultivators in Western Mass. Um, next up

1:46:49is safety and security. On safety,

1:46:52anybody can write a good policy. The

1:46:54real question is what you do when nobody

1:46:56is watching. Before we open, we audit

1:46:59every installed system against today's

1:47:02rules.

1:47:06And what doesn't measure up gets

1:47:08replaced. We have a capital allocation

1:47:09for it in our funding plan. We walk the

1:47:12site with APD and we offer them a

1:47:14memorandum of agreement. Nobody works a

1:47:17regulated job alone until the training

1:47:19is documented. ID gets checked at the

1:47:21door and again at the register. And

1:47:24regularly we run our own unannounced ID

1:47:26checks. Fail one and you're off the

1:47:28register until you're retrained and have

1:47:31shown us you've got it. Training records

1:47:33prove someone was taught. Checks prove

1:47:36it's stuck. Advertising only goes where

1:47:39at least 85% of the audience is expected

1:47:41to be over 21. Nothing aimed at kids, of

1:47:44course.

1:47:47The team,

1:47:50so we look for 16 to 18 total on this

1:47:53the store team at maturity. So that's

1:47:55not all at once. Um that's led by that

1:47:58includes a general manager and an

1:48:00inventory and compliance manager. We

1:48:02start at $18 an hour with every role

1:48:05above sales associate posted internally

1:48:08first and the people already working

1:48:10there. If we close through the store

1:48:12proc through the court process, we

1:48:14intend to offer them jobs. Nobody knows

1:48:17what the store's customers ask for

1:48:19better than they do. We've learned from

1:48:21our cultivation and manufacturing

1:48:23experience. The front line knows best.

1:48:25And when you treat people with respect

1:48:27and build on what they share, when you

1:48:29treat people well, they treat you well

1:48:32in return. The right side of the

1:48:34illustration is the company we've

1:48:35already built. That's behind them. So we

1:48:38already employ operations, directors,

1:48:40managers, loyalty and marketing,

1:48:42director and managers, graphic design,

1:48:44procurement, supply chain, inventory and

1:48:46fulfillment, facilities and equipment,

1:48:48security, HR and compliance. We have a

1:48:51large finance and legal council. So

1:48:53there's a large sophisticated back

1:48:56office that's backing up this team and

1:48:59this proposal.

1:49:04This would be our first store and our

1:49:05flagship. It'll be the customer

1:49:07customerf facing front door, but there's

1:49:10an extensive team, so they will be

1:49:12supported. Now the money.

1:49:18$1,455,000

1:49:21committed from our operating cash flow.

1:49:24No investor, no financing contingency,

1:49:27no capital raise. A lot of startups

1:49:30budget stop at opening day. Ours runs

1:49:33through a 24-month ramp. $500,000 of it

1:49:37stays in the business through the ramp.

1:49:40That's about 4 months of operating

1:49:42expense with zero revenue and nobody

1:49:44gets to take it out. A reserve doesn't

1:49:47guarantee our success. What it does is

1:49:49make a slow start our problem, not the

1:49:52towns.

1:49:55Okay, returning to the three questions.

1:49:57The question isn't whether there's

1:49:59uncertainty in the selection process.

1:50:01There is. The question is whether it's

1:50:03visible, manageable, and worth taking.

1:50:08The three questions. One, can DMC

1:50:10operate a great retail store? Retail is

1:50:13its own skill? We've been getting ready

1:50:16for this opportunity and we are ready to

1:50:18run with the store team we defined and

1:50:21the existing talented players we already

1:50:23brought onto the DMC team. A training

1:50:26gate, a security reit, and our reserve.

1:50:30You'll measure us by how the store runs

1:50:32and in the annual report. Two, can we

1:50:35get through the transaction and the

1:50:37licensing? The business is being sold

1:50:39through a court supervised process and

1:50:41the court designated DMC as the backup

1:50:43bidder. Our route is a change of oper of

1:50:46ownership of the of this address's

1:50:48license plus a new medical application.

1:50:51In this regard, not having a store is

1:50:53useful. It means we can close under the

1:50:56triple C regs as they are today.

1:51:01And this [clears throat] may be an

1:51:01appropriate moment for me to address the

1:51:04receiverhip and its significance here. I

1:51:06understand these applications that of

1:51:09DMC and Budsgoods come here in an

1:51:11interesting posture. Um, and I

1:51:14understand we'll be hearing from

1:51:15receivers council, but I did want to say

1:51:17on behalf of DMC at a very high level

1:51:20that we're really talking about the

1:51:21town's decision here.

1:51:23>> I'm sorry, I don't know if you did, but

1:51:24can you just identify yourself for the

1:51:25record?

1:51:26>> Yes. Yes, sir. I My name is Jonathan

1:51:28Bard, council for DMC. Thank you for

1:51:31hearing from me this evening. Um the

1:51:33receiverhip process is underway still in

1:51:36the superior court. Um and through that

1:51:39sale process, it was determined that

1:51:41Bud's goods um would be purchasing the

1:51:45assets from Apotheia. That that sale has

1:51:47not closed. Um but there are a couple

1:51:50other component parts here. There's the

1:51:52CCC process. The CCC decides licensing.

1:51:55And there's the municipal process here

1:51:57where the town decides the host

1:51:59community agreement. Uh the court has

1:52:02not instructed nor could it instruct

1:52:04Arlington on which operator to select to

1:52:07award a host community agreement. That's

1:52:09beyond the purview of the court. It is

1:52:11within you know this body um making a

1:52:14decision on behalf of the town who ought

1:52:16to be operating that store with a host

1:52:18community agreement. Uh and when we talk

1:52:20about the receiverhip order, there are

1:52:23certainly lots of mandates in it.

1:52:25There's injunctive language in it. It

1:52:27basically boils down to uh the

1:52:30receiverhip property which is all of the

1:52:32assets that belong to Apathka are part

1:52:35of the receiverhip estate. Apathka

1:52:37doesn't have a host community agreement

1:52:39right now. They have one that is lapsed

1:52:41or expired as of approximately a year

1:52:43ago. We're talking about a prospective

1:52:45future host community agreement

1:52:47potentially granted from the town of

1:52:49Arlington. That is not something that

1:52:51exists within the receiverhip estate.

1:52:53Um, as I imagine the select board is

1:52:56aware and certainly Attorney Cunningham,

1:52:58the municipality has broad authority,

1:53:01broad discretion in determining the

1:53:03process that it wants to undertake in

1:53:05awarding a host community agreement or

1:53:07not awarding a host community agreement.

1:53:09Um, and I believe as we were discussing

1:53:12previously, the Buds Goods asset

1:53:14purchase agreement specifically

1:53:15contemplates that it might not obtain a

1:53:17host community agreement. That is not

1:53:19taken for granted. it is not baked in as

1:53:22something that is expected to that must

1:53:24occur. Uh so the decision really comes

1:53:26to this uh to this body here.

1:53:29DMC has been forthright, I'm sure you've

1:53:32reviewed the application and it was

1:53:34clear that there is a pending

1:53:35receiverhip action that DMC is currently

1:53:38designated as the backup bidder um with

1:53:40the successful bidder being Buds Goods.

1:53:43Um and DMC, you know, explained that it

1:53:47doesn't have a lease right now. it would

1:53:49like to operate out of that uh location.

1:53:51It doesn't claim that it does. Um I I

1:53:55have to respectfully I've been sitting

1:53:56in the back of the room and I did hear

1:53:58the you know excellent presentation by

1:54:00Bud's Goods. Um and there were there was

1:54:02a question at least one regarding uh

1:54:05disclosures in the application by

1:54:07Budsgoods and the the question about

1:54:10wage theft. I understand Mr. Maine had

1:54:12responded that there was a settlement of

1:54:14sorts. I believe he was referring to an

1:54:15attorney general settlement from uh

1:54:18several years back. Um it did stand out

1:54:20to me and in the interest of

1:54:22transparency and integrity for the

1:54:24process, Mr. Maisin did state that

1:54:26there's nothing out there right now

1:54:29related to tipping. There is a class

1:54:31action lawsuit that was filed in

1:54:33December of 2025 against Buds Goods, one

1:54:36of its affiliates and Mr. Maisin

1:54:38personally. It's a case that is pending

1:54:39in the Superior Court. It is in

1:54:42discovery right now. is by no means

1:54:43concluded. Those are claims that have

1:54:45been asserted. They're allegations. You

1:54:47know, [clears throat] there's not not

1:54:48I'm not saying that there's a judgment,

1:54:50but for purposes of the the town's

1:54:53consideration in the record, I would,

1:54:55you know, submit that was not a

1:54:56comprehensive response and Mr. Mason

1:54:58perhaps wants to respond to it. If there

1:55:00are questions from the board, um, so I

1:55:04would just make two final points and

1:55:06I'll turn it back to Mr. Glansberger. Uh

1:55:09with respect to the license cap issue,

1:55:11we heard from council for Bud's Goods

1:55:13that yes, the law was amended and the

1:55:16cap has gone up from three retail

1:55:18licenses to five or maybe even six. Um

1:55:21we don't know when the CCC is going to

1:55:24open up that process to new um you know

1:55:28to applicants who want to obtain a

1:55:29fourth license. They have said

1:55:31repeatedly we need to fix our internal

1:55:32infrastructure. We're not there yet. I I

1:55:35don't know if it's 30 or 60 days as

1:55:37council for buds represented or if it's

1:55:3990 or 120. And I don't know if anyone in

1:55:41this room does or can know that. Um and

1:55:45if there are questions, I'll turn it

1:55:47back to Mr. Glansberger. If there are

1:55:48questions on the receiverhip side, I'm

1:55:51happy to try to address those. Thank

1:55:53you.

1:55:55>> 30 seconds. Good.

1:55:56>> Great.

1:55:58All right. I'll turn to the board for

1:56:00any questions.

1:56:05some

1:56:07I'll I'll be equitable. Um

1:56:10so let's say somehow I don't know

1:56:11through all the legal stuff here this

1:56:13works out. Um what kind of partnerships

1:56:16would you have with businesses in

1:56:17Arlington Heights if you were awarded

1:56:19this?

1:56:19>> Great. Yeah. I mean so I would go

1:56:22doortodoor. I would go and meet uh each

1:56:24of the business leaders that have been

1:56:26there longer than us. I'd go to uh

1:56:28roasted granola and see if we could host

1:56:31uh events there and take advantage of

1:56:33late in time um where they're not uh

1:56:35where they're not busy during the week.

1:56:37Um I would go to Maruchi and see if

1:56:39there are ways that we could use the

1:56:41back lot, the parking lot area. Um some

1:56:43of the town uh plans talk about making

1:56:46use of latent spaces. We have a a

1:56:49somewhat large uh parking lot and I know

1:56:52that it's been used for 420 for example.

1:56:55Um, and I would look to see what we can

1:56:57do together. Um, what I can work on in

1:57:00partnership with all the local

1:57:01businesses that have been here longer.

1:57:13>> Thank you. I will also be equitable and

1:57:16and first say that I also appreciated

1:57:19your application. It was a good read. I

1:57:20appreciated the candid responses. Um and

1:57:23I also want to ask um a question about

1:57:26your business model and just probe that

1:57:28in a different in a different area if I

1:57:29could.

1:57:30>> Um particularly with with medical

1:57:33license. I think you know you

1:57:34acknowledged in your application you're

1:57:36very forthright. This is this is not a

1:57:38growth area at all. In fact it's in

1:57:41decline. Um, and you know, I know you

1:57:44referenced just now that um, in passing

1:57:46that you can actually afford to and

1:57:49presumably make money on medical because

1:57:51you provide product. Um, I wonder if you

1:57:54could elaborate that a bit more. I mean,

1:57:58on the one hand, that's sort of your

1:58:00business's problem if that business

1:58:01doesn't work out. But I think our

1:58:03responsibility is to select a business

1:58:06that does have um what we believe a a

1:58:09viable

1:58:10reasonable business plan. That's why I

1:58:12asked some tough questions of the

1:58:13private previous applicant about

1:58:15staffing and hours. Um so I'd like to

1:58:18know kind of more about your thoughts

1:58:20about why you think in a declining

1:58:22market, you know, we had medical in

1:58:24Arlington at one point and that went

1:58:25away. It's a tough with the advent of of

1:58:28retail adult cannabis. That's been a

1:58:31really tough sector. So, can you say

1:58:34more about that that might um persuade

1:58:38somebody that that is actually a

1:58:39sensible decision?

1:58:41>> Yeah, absolutely. And just to be clear,

1:58:43the application is for both adult use

1:58:45and medical.

1:58:46>> Yes. Thank you. Yeah. No, I appreciate

1:58:48that. It's it's a two lane. Yeah. Yeah.

1:58:50Thank you.

1:58:51>> So, so we're one of the largest uh

1:58:53cultivators in the state. So, we have a

1:58:55large outdoor farm uh on a 50 acre

1:58:58campus. We've got a 20,000 square foot

1:59:01uh greenhouse. Um and so we're, you

1:59:04know, we sometimes we like to say we put

1:59:06the no in innovation. It's sun, it's

1:59:08soil, it's seeds, uh and it's um

1:59:12relatively lowcost labor and lowcost

1:59:14land out in western mass. And so our

1:59:17cost of production is far far lower than

1:59:20the cost of production for some of the

1:59:22indoor growers u that tend to be out

1:59:24here. So there's sort of two paths

1:59:26people took. Um in part because there

1:59:29you know in the original regulations

1:59:31there was no room for outdoor

1:59:32cultivation. So you have very large kind

1:59:35of biotech style uh indoor cultivation

1:59:38that's energyintensive

1:59:40uh that's space intensive. Um and so our

1:59:44our model is to produce consistent

1:59:47quality uh primarily for extract

1:59:49product. Um, and so really we've been

1:59:53set up from the start to be able to

1:59:55produce this consistent

1:59:58um, high volume affordable product that

2:00:01enables us to survive the you know the

2:00:04ups and downs of the market. So even as

2:00:06price compression has come um it's

2:00:09really kind of created space for us to

2:00:11expand. Um, so our business is really in

2:00:14expansion mode right now. Um, I would

2:00:17say you're right. I mean, so the medical

2:00:20program started out with uh or in 21 it

2:00:23had uh 100,000 patients and now I think

2:00:26it's closer to, you know, below 85 or

2:00:28something like that. Um but really this

2:00:31business it it provides space for people

2:00:34that really need that access uh to the

2:00:37medical program um at a very affordable

2:00:39price and it really makes its money on

2:00:42the adult use side. uh but you know as I

2:00:44said in the application we believe in in

2:00:47the importance of the of the plant and

2:00:49the importance of medical providers uh

2:00:51providing advice uh to patients that

2:00:54really need this um and so it remains

2:00:57important to us and we remain committed

2:00:59to making it work. The space itself is

2:01:01designed for it. Um I know Apka started

2:01:04out I think on Water Street um as

2:01:06medical only. When they moved here I

2:01:08believe well so they they moved under

2:01:11the under the understanding that they

2:01:13would be uh providing medical here as

2:01:15well. I suspect that they did at one

2:01:17point um it's set up the space is

2:01:19already set up to do exactly what we're

2:01:22proposing. Um, and it happens to be that

2:01:24we set up uh a farm in a place and

2:01:27produce at a rate uh that allows us to

2:01:30continue to provide to the medical

2:01:32program um in large in large part.

2:01:36>> Thank you for that. Uh thank you, Mr.

2:01:38Chair.

2:01:39>> Sorry. Oh, sorry. Uh one other thing is

2:01:41just my business is primarily wholesale.

2:01:44So primarily we're selling product to

2:01:48you know there's 400 plus stores in the

2:01:49state. So my my business my particular

2:01:52business is really attuned to selling

2:01:54finished goods. Um so we don't have a

2:01:57store but we are very very much a large

2:02:00operator in the state. Um and so the

2:02:02survival of this store uh is sort of the

2:02:04inverse of uh Apathka. So the thing that

2:02:07Apka did that brought them down is that

2:02:10they overinvested

2:02:12uh and then took on sizable debt. uh we

2:02:14are already up and operating and we are

2:02:17already profitable uh in our existing in

2:02:20our existing format and so this would be

2:02:22appending another type of business that

2:02:26I'm I'm very very passionate about

2:02:27because it's here um and so I'm I'm

2:02:29really I'm really looking forward to to

2:02:31getting into this

2:02:33>> question thank thank you Mr. chairman

2:02:35and thank you for your presentation

2:02:37tonight and for consistency. I had asked

2:02:40earlier about site control. I appreciate

2:02:42your honesty in the certification on on

2:02:46site control that you don't have a

2:02:47lease. Um and and you're right, we we

2:02:52decide whether an HCA is appropriate or

2:02:54not. However, we do take site control

2:02:57very seriously and and

2:03:01right now Budsg Goods has the agreement

2:03:03with with the landlord. They were

2:03:05designated the successful bidder in the

2:03:07order that was issued on on May 14th.

2:03:11And I, you know, absent, it seems to me

2:03:14that as you come in here, and of course

2:03:16we have a week to decide here, but it's

2:03:18not like

2:03:20seems to me the only way we can consider

2:03:22your application is if we determine that

2:03:25it is not appropriate to give an HCA to

2:03:28BUD. So you're not coming in here on

2:03:31equal footing. Um and and the other

2:03:33thing that concerns me um is having gone

2:03:38through the receiverhip process, I'm

2:03:39aware of the order the court issued

2:03:42authorizing the sale of the assets to

2:03:44Buds. And one of the things the court

2:03:47found is that the parties had a

2:03:49reasonable opportunity to object and all

2:03:52objections

2:03:54um to the sale motion have either been

2:03:57resolved or overruled. Okay. And I know

2:03:59you had an objection to the designation

2:04:02of Buds as a successful bidder and you

2:04:05became the backup bidder and in the

2:04:07sales order other than the requirement

2:04:09to pay your breakup fee. I don't see any

2:04:12language that obligates a deal to go

2:04:15forward with the backup bidder if it

2:04:17fails. That that was an earlier order on

2:04:20a designation. So um we've had this

2:04:23before. We had this before in 23 and 25

2:04:26Massav where there wasn't control. Um

2:04:29there may have been a potential

2:04:31agreement to go in space behind Monomy

2:04:34Grill, but there wasn't control and

2:04:35that's something we take very seriously

2:04:37as a board. So I it's I view that as a

2:04:41you know right now a deficiency in the

2:04:44application. Um and and I understand

2:04:46[snorts]

2:04:47what you've gone through. It's been a

2:04:48very long process and it's um

2:04:52but it's you know we we have to look at

2:04:54various factors and at least for me

2:04:57that's a very important one

2:04:59>> Mrs. Mahan.

2:05:04>> Um thank you Mr. Chair. Thank you for

2:05:07the application. um you pretty much

2:05:11answered this, but I just want to be

2:05:12consistent and make sure at least in my

2:05:15mind that I have it clear. Um and it's

2:05:19the staffing question and I understand

2:05:21where you have the additional use. Um

2:05:25you would my question is what would your

2:05:28staffing be? Would your bud tender also

2:05:30be a chemist? Um would that be two

2:05:33separate people? and um what staffing

2:05:37and if I if I'm saying the job positions

2:05:40incorrectly, I apologize, but for the

2:05:42medical um side of it um

2:05:47considering it's I think you said 8 to

2:05:5010% of the actual sales and you offer it

2:05:53at a lower price and you can do that

2:05:56because you have the property in Watley

2:05:58andor Deerfield or maybe I got that

2:06:01wrong. um is would would it be the same

2:06:04hours for that person um for for the

2:06:07chemist I'm calling it to do the medical

2:06:09side. So if you give me a sense of the

2:06:10staffing and will the bud tender be the

2:06:13chemist or will it be two separate

2:06:15people?

2:06:16>> Um I appreciate I appreciate the

2:06:18question. Um so uh no there's no

2:06:20separate there's no separate chemist. um

2:06:23people are trained on providing um the

2:06:28necessary advice uh and working with the

2:06:31patients um and so they would be staffed

2:06:33in similar way to how Alex was

2:06:35describing it is as two shifts to be

2:06:38able to cover the entire day. Um, so the

2:06:41the 16 total uh members, the top the

2:06:46kind of peak that we would estimate

2:06:47having once we got to the 2-year 4 and a

2:06:50half mark would be something like 10 to

2:06:5212 uh total um on site there, but really

2:06:56it's cross trainining. Um there's, you

2:06:58know, people get trained to do that. Uh

2:07:00what we wind up finding is that people

2:07:02really specialize in that and gravitate

2:07:05towards it. And so you wind up having

2:07:07people that that that re receive that

2:07:09training and and and do that more often.

2:07:12Um

2:07:16>> hey, thank you.

2:07:20>> Additional questions?

2:07:25>> Not a question. Uh Mr. Chair, if I

2:07:28could, you know, as the board begins to

2:07:30undertake its deliberations,

2:07:32>> sort of one and off for an observation

2:07:33on the proposed business plans from both

2:07:36applicants, obviously each is making a

2:07:38projection about sales at maturity,

2:07:41ranging anywhere from 3.3 to uh 4.5

2:07:45million annually, which is certainly uh

2:07:48a wide range. None of us also can

2:07:50predict future revenues with any degree

2:07:52of certainty. We know this each year as

2:07:54we project our own revenues and how

2:07:56economically volatile local receipts

2:07:58are. Uh, and I know that Mr. Helmouth

2:08:01picked up on this earlier that there's

2:08:03certainly a der of information on

2:08:05Apothka's

2:08:06uh sales reports in prior years, but one

2:08:10thing that stuck out to me was Bud's

2:08:12application estimated existing location

2:08:15annual average revenue at roughly 2.7

2:08:18million for the subject location

2:08:21based on total local option excise tax

2:08:24receipts in 2425 of 166,000 for that

2:08:29year. Just want to note in the most

2:08:31recent fiscal year, which was 26, uh we

2:08:34closed uh on June 30th with an all-time

2:08:37low of uh $77,380.

2:08:41So, just wanted to caution that that

2:08:43local trend has been declining yet

2:08:46further. Uh so that, you know, some of

2:08:49these estimates may need to be they may

2:08:52be overstated or perhaps need to be

2:08:54updated. I'm certainly no uh industry

2:08:57expert,

2:08:58but it's worth noting for the purpose of

2:09:00transparency as well that those average

2:09:03revenue estimates per store that was

2:09:06realized when Arlington was operating uh

2:09:09only two marijuana establishments

2:09:12locally. Uh potential confounding factor

2:09:14here is that Kaix Peak just minutes ago

2:09:17from the redevelopment board received

2:09:19their special permit to operate at their

2:09:22their retail location at their summer

2:09:24street uh facility and that was a matter

2:09:27of moments ago. So again, sort of

2:09:29divvying up the market share perhaps uh

2:09:33with a third vendor could also uh

2:09:36similarly impact uh the revenue

2:09:39projections that we were seeing uh

2:09:41between you know 3.3 and 4.5 million. So

2:09:44I just wanted to caution against those

2:09:47estimates given this new information uh

2:09:49available this evening. So thank you.

2:09:52>> Thank you.

2:09:54>> You guys are awesome. All right, I'll

2:09:56give

2:09:57Cunningham.

2:09:58>> Thank you. Thank you, Mr. Chair. And I

2:10:00just want to kind of follow up with all

2:10:02the discussion. I think everyone agrees

2:10:04that this board has the ability to

2:10:08negotiate an HCA with any entity it

2:10:09wants. I don't I think even the court's

2:10:11order acknowledges that, that it's all

2:10:13contingent upon local approval. Um, but

2:10:16I think there are some concerns um when

2:10:19the particular address at issue here is

2:10:22a subject of the court's order. And I

2:10:24don't know if the chair of the board I

2:10:27know that the receiver council is here

2:10:28tonight remotely if they wanted to I

2:10:31know you might go to public comment or

2:10:32you want to hear from that individual.

2:10:34>> No. So

2:10:36we can bring them bring them up and give

2:10:38them like five minutes to address the

2:10:40board if that works.

2:10:41>> Yeah.

2:10:44So

2:10:45>> you guys can Thank you.

2:10:48[snorts]

2:11:02Mr. Helman, can you hear us?

2:11:04>> I can. Uh, one moment. I'm just getting

2:11:06my my uh camera uh set. Uh, pardon me.

2:11:17>> Thank you.

2:11:19>> All right. So, I have you down for about

2:11:20five minutes. Does that work to just it?

2:11:23>> It it does. Thank you very much. And I'm

2:11:25happy to answer any questions. My name

2:11:26is uh Andrew Helman. I'm an attorney

2:11:28with a law firm called Dentons. I'm a

2:11:30restructuring and insolveny attorney. I

2:11:32work with receiverhip matters and in

2:11:34chapter 11 cases and I focus on

2:11:36companies in regulated industries. Uh

2:11:39I'm here tonight as council for Opus

2:11:41Consulting Partners in its capacity as

2:11:44the courtappointed receiver uh in the

2:11:47proceeding involving Apothka and the

2:11:49cannabis retail license for 1386

2:11:52Massachusetts Avenue in Arlington.

2:11:54[snorts] Mr. Jacques Sanuchi is a

2:11:56principal of Opus Consulting. He is also

2:11:58on the Zoom to the extent that there are

2:12:00any questions that the board may have of

2:12:02the receiver personally. Um, so I I do

2:12:05want to just say first at the outset,

2:12:06thank you very much for the opportunity

2:12:08to address the board. Uh, the receiver

2:12:10asked me to specifically thank the town

2:12:12for its support, that they've been a

2:12:14good partner for Apka and Apothec's

2:12:16clients and employees and to thank the

2:12:17town. Um, I also wanted to just comment

2:12:20that the receiver has uh no obligation

2:12:22to participate in the proceeding and it

2:12:24frankly initially it was not something

2:12:26that we had intended to do. Um but you

2:12:29know given the way certain a few things

2:12:31have unfolded we thought that it might

2:12:32be helpful. The perception that I have

2:12:35is is um I guess similar to a certain

2:12:38extent to what sele is that there are

2:12:41issues that are now arising before this

2:12:43board that have been raised and

2:12:45litigated in a different form that have

2:12:47been addressed in an appeal that was

2:12:49denied. Um, and you know where I stand

2:12:53as counsel for the receiver is in the

2:12:55position where I have authority that is

2:12:58limited and constrained or my client

2:13:00does by what the court has approved. The

2:13:02receiver was appointed by the court with

2:13:04authority to manage and dispose of

2:13:06assets of the receiverhip estate. The

2:13:09two key assets that I that I think I

2:13:11will focus on tonight are the lease of

2:13:14the premises at 1386 Massav. Uh the

2:13:17receiverhip and and Apothkco are the

2:13:19tenant. There is no other party who is

2:13:21the tenant. And as of right now, the

2:13:24receiver is only authorized to assign

2:13:26that lease or to agree to a termination

2:13:29of that lease for the benefit of its

2:13:32contractually obligated counterparty,

2:13:33which is Bud's Goods. There's also a

2:13:36cannabis retail license which is

2:13:37property of the receiverhip estate and

2:13:39there will be a change of ownership with

2:13:41respect to the license. Uh and that is

2:13:43something that Buds Goods will be

2:13:45proceeding to obtain once the HCA is

2:13:47approved. Uh as selectman Dorsy said as

2:13:50others have said the receiver conducted

2:13:52a court supervised sale process. DMC

2:13:55participated and we very much enjoyed

2:13:57collaborating with them. Uh Mr.

2:13:59Glansberger was delightful to work with

2:14:01and we we appreciated him. ultimately

2:14:03his company was not selected as the

2:14:06highest or best bidder. There were many

2:14:09different issues that were raised uh

2:14:11including um some that were discussed

2:14:13tonight and ultimately the receiver uh

2:14:17exercised his business judgment to

2:14:18determine that Bud's goods was the party

2:14:21to whom the receiver sought approval to

2:14:23sell.

2:14:24The key issue that I want to focus on

2:14:26tonight or one of them is site control.

2:14:301386 Massav is the proposed location for

2:14:33Buds Goods. It is also apparently the

2:14:36proposed location for DMC. Uh the

2:14:38receivers's position is that at this

2:14:40point in time, the only party with a the

2:14:43ability to claim site control for the

2:14:45purpose of today's proceedings is Bud's

2:14:48Goods. The lease is receiverhip

2:14:50property. The receivers's authority

2:14:52under the sale order runs exclusively to

2:14:54Bud's Goods. If any other party is

2:14:56awarded the HCA, it's our view that

2:14:59there's no clear path for that party to

2:15:01obtain site control. The lease can only

2:15:03be contained conveyed through the

2:15:05receiverhip and at this point in time

2:15:07only to Bud's goods. Um I I I also need

2:15:11to sort of point out that DMC has

2:15:13asserted that it's the backup bidder. Um

2:15:16I I agree with selectment dorsy that

2:15:18that is not text that is in the contents

2:15:20of the sale order. Um there was

2:15:22contemplation of that in various bidding

2:15:24procedures. Our view is that there would

2:15:26need to be some further court

2:15:28proceedings in the event that Budsgood

2:15:30is unable to um obtain HCA approval and

2:15:34then obtain CCC approval. It is our view

2:15:38also that uh to the extent DMC is the

2:15:41backup bidder that it should not create

2:15:43the condition for Bud's Goods failure to

2:15:46close by cutting in line to obtain the

2:15:48HCA first. There's a provision of the

2:15:51order appointing the receiver that's

2:15:53really quite important. Um, this is

2:15:55paragraph 71 of that order. And what it

2:15:58does is it enjoins any party from

2:16:00interfering in the receivers's efforts

2:16:02to dispose of assets. and specifically

2:16:06uh restrained and enjoined from

2:16:08interfering with the receivers's

2:16:10possession, control, and disposition of

2:16:12any and all receiverhip property and

2:16:14interfering in any manner with the

2:16:17discharge of the receivers's duties. And

2:16:19for the avoidance of doubt, interfering

2:16:20with the receivers's right to possess,

2:16:22control, and dispose of any and all

2:16:24executive contract and lease, including

2:16:27any non-residential real property lease.

2:16:29The point being that there's no other

2:16:31party who has the ability to control the

2:16:34lease for 1386 Massachusetts Avenue

2:16:37except for the receiver in his

2:16:39courtappointed capacity as a fiduciary

2:16:42for the estate of Apka. Um, we are

2:16:46concerned that appearing here tonight

2:16:48and um,

2:16:51in light of some of the other comments

2:16:52that it it it may in fact be an

2:16:55interference with the receivers's

2:16:56obligations and duties and efforts to

2:16:58dispose of receiverhip assets. This is

2:17:01something that we've discussed with them

2:17:02before tonight, but it's an issue that

2:17:04we take seriously. Uh, in our view, the

2:17:06proper sequence to the extent that DMC

2:17:08is a backup bidder and again that status

2:17:11is not in the sale order. Um, but we

2:17:13believe that the process should be

2:17:14sequential and not parallel. DMC would

2:17:17have the right to wait while Buds Goods

2:17:20pursues its HCA,

2:17:23then applies to the Cannabis Control

2:17:24Commission for a change of ownership

2:17:26with respect to the license. If Buds

2:17:28Good is goods is unable to obtain

2:17:30regulatory approval and close, then DMC

2:17:33would have the opportunity to step in

2:17:35and approve and pursue all appropriate

2:17:37approvals and we'd be delighted to

2:17:39engage in a transaction with them at

2:17:40that time. One of the issues that's also

2:17:43come up tonight is the issue of the

2:17:44license cap. And I think that Mr.

2:17:46Silverman addressed that and made clear

2:17:48where the regulations stand right now.

2:17:50The application by DMC appeared to

2:17:54suggest that Buds Goods couldn't obtain

2:17:56CCC approval due to the number of

2:17:57licenses that it holds. This issue came

2:18:00up before the receiverhip court.

2:18:03>> Thank you very much.

2:18:05>> Yeah. to so so to wrap up very briefly

2:18:07that issue came up before the

2:18:08receiverhip court and there was evidence

2:18:10provided to the court that Buds Goods

2:18:12was willing to forego other licenses in

2:18:14order to address any cap issue if

2:18:16regulatory requirements were not

2:18:18addressed and it sounds as though they

2:18:19have been. So that issue is sort of a

2:18:22question that's been asked and answered

2:18:23in another forum. Um so our position is

2:18:26just straightforward. The court approved

2:18:27a sale to Buds Goods. the receiver is

2:18:30obligated to carry out that sale, the

2:18:32lease and the license of receiverhip

2:18:34property. And as of right now, we have

2:18:36an obligation pursuant to a contract and

2:18:38court order to consummate a transaction

2:18:40with Bud's Goods. The one additional

2:18:43point if if if I could say if a if the

2:18:46board was looking for a compromised

2:18:48position uh we could see a a a a

2:18:51circumstance where DMC would be

2:18:53identified as a potential backup party

2:18:54for the HCA but we think Buds Goods

2:18:57needs an opportunity to first complete

2:18:59the entire HCA and CCC regulatory

2:19:02process and I'm not in a position to

2:19:04speak for Buds Goods as to whether a

2:19:06backup status would be acceptable and

2:19:08what the appropriate timeline would be.

2:19:11Thank you so much for the opportunity to

2:19:12answer your questions or and to make

2:19:14this presentation. Really do appreciate

2:19:16it.

2:19:17>> All right. And I will if you can stick

2:19:18with us for a minute, I'll just turn to

2:19:20the board to see if anyone and board

2:19:22members have questions.

2:19:25Seeing none, thank you. That will take

2:19:27us to the public comment portion of this

2:19:31hearing. So, if anyone in the chamber

2:19:33would like to speak on this item, please

2:19:35stand up now.

2:19:38No,

2:19:40I don't want public comment today.

2:19:42Anyone in Zoom that would like to speak

2:19:43on this, please use the raise hand

2:19:44function on your Zoom application. Now,

2:19:49>> seeing no hands raised, Mr. Chair,

2:19:51>> seeing none,

2:19:54similar to the license applications, we

2:19:56have a matrix that rates the applicants

2:20:01based on certain set of criteria that

2:20:03we've set up over the years. what we

2:20:05look for with these HCA applicants. So,

2:20:10the board is certainly within it its

2:20:14jurisdiction to make a motion today, but

2:20:16if not, we will have discussion and we

2:20:20we can take a week to fill these out and

2:20:23make a decision at the next meeting. So,

2:20:25that's within the purview of the board

2:20:29depending on motions that are heard. So,

2:20:32I will open up to the board for any

2:20:33further discussion on this

2:20:40or motions.

2:20:42Do we need to make a motion?

2:20:43>> Or we all can sit here in silence.

2:20:45>> Motion.

2:20:47>> I think she's good.

2:20:48>> No.

2:20:48>> Mrs. Mahan.

2:20:51Um, I'd like to make a motion to

2:20:53postpone the

2:20:56decision or any decision to our next

2:20:58meeting on Monday, October 5th.

2:21:03A

2:21:03>> motion to postpone by Mrs. Mahan.

2:21:07M. Helmouth. Would you like to second a

2:21:08motion today?

2:21:09>> I would. Let's remote crowd have a have

2:21:12a go here. All right. Seconded by Mr.

2:21:15Helmouth. Attorney Cunningham. Mr.

2:21:17Dorsey.

2:21:18>> Yes.

2:21:18>> Mr. Solomon.

2:21:19>> Yes. Mrs. Mahan,

2:21:21>> yes.

2:21:22>> Mr. Helmouth,

2:21:23>> yes.

2:21:23>> Mr. Herd,

2:21:24>> yes. 5 vote. That will close that item

2:21:27on our agenda. That brings us to item

2:21:30number 14 for approval. Host community

2:21:32agreement renewal ESCAR DBA escar 23

2:21:36Broadway. Michael Hunwell.

2:21:47>> Oh. Yeah,

2:21:50>> well, can you hear us?

2:21:52>> I can.

2:21:56>> Though, for some reason, my camera is

2:21:58not I'm not giving the option to turn my

2:22:00camera off.

2:22:02>> There we go.

2:22:02>> There it is. And if you give me one

2:22:05second, I'm just going to go to the town

2:22:06manager first.

2:22:08>> Thank you, Mr. Chair. Good evening, Mr.

2:22:10Hanoell. I just wanted to provide uh by

2:22:12way of introduction for the board's

2:22:14consideration this evening is uh a new

2:22:18host community agreement which is

2:22:20essentially a renewal for Escar

2:22:23Arlington LLC who has been operating uh

2:22:26at their Broadway location for some time

2:22:29under a host community agreement issued

2:22:31by this board uh a number of years ago.

2:22:33Uh you have it in your packet this

2:22:36evening but as Mr. Hunterwell and Escar

2:22:39LLC are proceeding through uh renewing

2:22:43their license with the Cannabis Control

2:22:45Commission at present, noting that uh

2:22:48the town had previously been uh sort of

2:22:51put on notice by the CCC that our

2:22:55earlier host community agreements were

2:22:57uh deficient or frankly not in

2:22:59compliance with what are now the updated

2:23:02laws and regulations pertaining to

2:23:04cannabis. We thought uh as he as Mr.

2:23:07Honeywell is proceeding through that uh

2:23:09renewal process that it would be the

2:23:11appropriate opportunity to have this

2:23:13board consider executing a new uh host

2:23:16community agreement that will be uh

2:23:18found compliant by the cannabis control

2:23:21commission. So that is why this matter

2:23:24is before the board this evening perhaps

2:23:26before the expiration date of the

2:23:29current host community agreement. Just

2:23:30wanted to provide that uh context for

2:23:33consideration.

2:23:35>> Thank you Mr. Feny, Mr. Honeywell, if

2:23:39you have anything to add to that, um, we

2:23:41certainly

2:23:43I'm not going to give you 20 minutes,

2:23:44but [laughter]

2:23:46I don't think I want 20 minutes. It's

2:23:48okay. Um no I the only thing I would add

2:23:52is

2:23:53um the one we are proposing is the one

2:23:58that has the high highest success in my

2:24:02opinion and I think others opinion of

2:24:05going through with the CCC approval. Um

2:24:10we didn't just um provide an example

2:24:14that we thought was was in our in our

2:24:16best interest. We we actually have been

2:24:19working with our our other town trying

2:24:21to come up with a compliant HCA.

2:24:25Um and even though we thought we thought

2:24:28both sides were happy with it, even that

2:24:30model um eventually got rejected. So we

2:24:34are moving to actually the same

2:24:36basically the same document that we in

2:24:39our other town that we are presenting

2:24:41with you today. Um so again I think

2:24:46obviously the big thing um for the

2:24:49constituents and the town itself is the

2:24:513% taxes still in place. So we will

2:24:55continue to be a revenue

2:24:58um generator for the town um and we hope

2:25:01to you know in the foreseeable future.

2:25:04>> All right. Thank you. I'll turn to the

2:25:05board for any questions, comments,

2:25:06motion. Mr. Corsy.

2:25:08>> Yeah. Thank thank you Mr. Chair. Just a

2:25:09question from perhaps from Mr. Feny.

2:25:12What when does the term expire in the

2:25:14existing agreement?

2:25:19>> Thank you, Mr. Dorsy. I'm pulling up

2:25:21that agreement

2:25:23at present. So, I know it was executed

2:25:27in June of 19, but I believe the 5-year

2:25:30period uh triggered from the first day

2:25:33that sales were operational at the

2:25:36facility. And I don't have that date

2:25:38immediately available and would defer to

2:25:40Mr. Honeywell, but I do believe that the

2:25:43existing HCA is in effect until I

2:25:47believe sometime in uh calendar 27 is my

2:25:50best recollection. Yeah, that would be

2:25:52that'd be a problem because I think we

2:25:54just had our 5year anniversary at our

2:25:57Northridge store and we opened um in the

2:26:01next year

2:26:03um I forget the exact month but I want

2:26:06to say in the summer so I think mid to

2:26:09uh 2027.

2:26:11>> Okay. And and the intent here is for the

2:26:14next agreement to become effective the

2:26:16day after the current one expires. Is

2:26:20that right? You're not you the plan

2:26:22isn't order the proposal isn't to enter

2:26:25into a new five-year agreement now. Is

2:26:29that right? Or

2:26:31>> well the the state is requiring actually

2:26:35as part of our license acceptance to

2:26:38enter a new agreement. Um, so they are

2:26:41actually uh it's actually been it's

2:26:45actually put a lot of the businesses and

2:26:46the towns in a in a kind of an ultimatum

2:26:51um to move forward. So we are for

2:26:54example we are currently

2:26:56>> so m

2:26:58let me uh go to trainingham to jump in

2:27:01here. Uh I think he was directing a

2:27:04question to him.

2:27:04>> Thank you Mr. Chair and I think I'll

2:27:05just agree with Mr. Honey, well that

2:27:07that yes, the town has to negotiate one

2:27:09now because you know at the time that

2:27:12the original HCA was negotiated and

2:27:14signed and executed, it was in

2:27:15compliance with existing state law and

2:27:17state regulations. Those regulations and

2:27:19law that's changed. So the position Mr.

2:27:22Honeywell and other businesses like him

2:27:24are in right now is that they go to seek

2:27:26renewal of their license at the state

2:27:28level and as part of that process,

2:27:29they're required to have a compliant

2:27:31HCA. They don't have that right now

2:27:33because the HCA that we signed back in

2:27:352019 with his company is no longer in

2:27:39compliance with state law. So, we'd have

2:27:40to have a new agreement that currently

2:27:42complies with state law that would

2:27:43supersede the one that exists now, even

2:27:45though it has not yet expired. We'd have

2:27:47to work that language into the new

2:27:49agreement, present that to the board,

2:27:50and get that executed so that Mr.

2:27:52Honeywell can pursue renewals of his

2:27:54[clears throat] license at the state

2:27:55level. So essentially this will

2:27:56terminate the current yes

2:27:59>> upon

2:28:01sign

2:28:01>> much more concise Mr. Chair.

2:28:04>> Okay. All right. And

2:28:05>> attorney is known for that. [laughter]

2:28:08>> Okay. So that that makes and it would

2:28:10just be through the new agreement that

2:28:11that that it would terminate through

2:28:12that language. And I I guess the one

2:28:15thing um and I know there's been

2:28:17discussions here but if we're to enter

2:28:19into a new agreement it seems like this

2:28:21is a fresh start. We have to be in

2:28:23compliance with regulations, but we also

2:28:26want to move together, move forward

2:28:29together, right? Both the town and ESCAR

2:28:31that

2:28:34the existing agreement will be in our

2:28:36rearview mirror and that there'll be

2:28:38some sort of recognition by both parties

2:28:41that we're now in in a new agreement and

2:28:43there's nothing lingering in the old

2:28:45agreement. And I know I don't know if

2:28:47you have a any thoughts on that um Mr.

2:28:51to Honeywell, but it seems like if we're

2:28:52going to enter into a new agreement to

2:28:54be in compliance, there shouldn't be any

2:28:56anything unresolved from the past.

2:29:00I [snorts] think it's the stance of

2:29:01ESCAR that if we are to move forward

2:29:03with this new agreement, I think that we

2:29:06could

2:29:08um accept that the current agreement

2:29:10moving forward would be the best for

2:29:12both parties and just start fresh.

2:29:14>> Okay. Thank you.

2:29:21You got any motions? Mrs. Mahan.

2:29:25>> Um, thank you, Mr. Chair. I guess I'm

2:29:28still hung up on that last one. Um,

2:29:32the Mass General law that governs

2:29:34governs this um to the chair or through

2:29:38the chair to town council or whoever. Is

2:29:41it 94G?

2:29:43>> J Cunningham.

2:29:45>> Thank you, Mr. Chair. Yes, Ms. Mahan.

2:29:47Correct.

2:29:48>> Okay. And because I'm not that well

2:29:50verssed on it, 94G, not cannabis. Um

2:29:56it sort of dovetailing on um Mr. to

2:30:00Dorsy's question, will this

2:30:04renewal, if we move approval and vote on

2:30:07it, bring us current um to the changes

2:30:12as of October, I think it was 20

2:30:1727th of 2023 or will it bring us current

2:30:20to the changes

2:30:23um in the law of 94G to date? Does that

2:30:28question make sense? Attorney

2:30:29Cunningham.

2:30:31>> Yes, Mrs. Mahan. Thank you, Mr. Chair.

2:30:33The answer is both. Um, we'd have to

2:30:35comply with what the laws as they exist

2:30:37now. It would still be subject to the

2:30:40approval of the CCC. Um, but we're

2:30:43hoping that I think Mr. Hunter has got

2:30:45some recent experience with submission

2:30:47of HCA from other communities. But I

2:30:49think that we we'll try and stick to the

2:30:52model template that the CCC has

2:30:54produced. Um, we'll get language

2:30:57hopefully that's in we're going to be

2:30:58compliant certainly be in compliance

2:30:59with current state law and regulation

2:31:02and then we'll just have to see if the

2:31:03CCC approves it.

2:31:06>> Okay. Cuz I guess we're um

2:31:09and I'm not debating that we shouldn't

2:31:11do this. I'm just debating whether um

2:31:14the way I'm reading it, which is a

2:31:16really cursory um novice set of eyes, is

2:31:21that um 94G is adopting or has accepted

2:31:26all the legal um clarification

2:31:30requirements, additions, etc. um as of

2:31:35October 27th, 2023. Um, and I think what

2:31:39I'm hearing from you say that that's

2:31:41about as as current as we can get. Um

2:31:43and so my question would be is if we did

2:31:46this renewal um and then everything

2:31:50further got clarified through the CCC

2:31:53and there is this something that would

2:31:56be automatically amended or would we

2:31:58have to come back and say okay there's

2:32:00now something else that came after um

2:32:04October 23rd to bring it current to um

2:32:08soon to be October 26. sexingham.

2:32:16>> Thank you, Mr. Chair. I don't

2:32:18>> I can't answer.

2:32:20>> Thank you, Miss Mahan. Um, we'd want to

2:32:22make sure that we're in current

2:32:24compliance. So, I think I don't think

2:32:26there's been any additional changes

2:32:28since that time. I could check and make

2:32:29sure, but we the terms that we'd agree

2:32:32to now, or at least proposed now for the

2:32:34board's execution, would be in current

2:32:36compliance with state law. would not be

2:32:37waiting for some further clarification.

2:32:44>> Okay.

2:32:46>> Make a motion to approve the renewal

2:32:48host community agreement with Escar LLC.

2:32:52>> Motion to approve by Mrs. Man, seconded

2:32:53by

2:33:02I think minutes. I think this is I don't

2:33:05think I was clear, Mr. Chair. I think

2:33:06what we're we're seeking from the board

2:33:08tonight is authorization to finalize

2:33:12negotiations on those terms um for the

2:33:15board's review um not not the one that's

2:33:17existing now. We want to make sure that

2:33:18we've got things um that are consistent.

2:33:21We'll work with Mr. Honeywell or his

2:33:23council um to make sure that the terms

2:33:25are accurate in compliance with current

2:33:28state law uh with the CCC's template and

2:33:30then executing in accordance with that

2:33:32authorization the board could issue

2:33:34tonight.

2:33:35Miss Mahan, do you do you make

2:33:38>> I would retract that and I'm just going

2:33:40by what was in my packet for a vote. So

2:33:43I I'll withdraw my motion and move that

2:33:46we be post in my hearing that we want to

2:33:49Well, I'm not even going to make a

2:33:50motion. I'll I'll withdraw mine.

2:33:52>> This is a question.

2:33:52>> Thank you, Mr. Chair. I I think and and

2:33:56there is some confusion on this, so they

2:33:57totally understand how the motion was

2:34:00presented, but

2:34:02just maybe we can reconfirm. Attorney

2:34:04Cunningham, Mr. Feny, you're looking for

2:34:05authorization to complete a NHCA, but

2:34:11not these specific terms, but with what

2:34:13you heard tonight and with the

2:34:15discretion you would have as the as the

2:34:18individual who executes on behalf of the

2:34:19town.

2:34:21>> That is correct.

2:34:23>> All right. So, I'll make a motion

2:34:24authorize the town manager, town council

2:34:26to continue negotiations with Escar and

2:34:30authorize him to execute an agreement

2:34:32that he deems um sufficient. I'll second

2:34:36that. All right. Motion by Mr. Corsy,

2:34:39seconded by Mr. Solomon. Any further

2:34:41questions or comments? Seeing none,

2:34:44Attorney Cunningham.

2:34:45>> Mr. Dorsey.

2:34:46>> Yes.

2:34:47>> Mr. Solomon.

2:34:48>> Yes.

2:34:48>> Mrs. Mahan.

2:34:50>> Yes.

2:34:50>> Mr. Helmouth. Excuse me. Yes,

2:34:54>> Mr. Herd.

2:34:55>> Yes. 5-0 vote.

2:34:56>> Thank you. That brings us to our open

2:34:58form. Except in unusual circumstances,

2:35:01any matter presented for consideration

2:35:02of the board shall neither be acted upon

2:35:05nor decision made the night of the

2:35:07presentation in accordance with the

2:35:10policy under which the forum was

2:35:11established. It should be noted that

2:35:13there is a threeinut time limit to

2:35:15present a concern or request.

2:35:20Miss Malovic,

2:35:26>> is is there no counter that I can see

2:35:29for time for timing?

2:35:31>> Um, I can turn my phone.

2:35:34>> I'll attempt to set mine up.

2:35:38Okay.

2:35:43And I failed.

2:35:51Um,

2:35:55okay. Beth Malovich, um, Russell Street.

2:35:59Uh, thank you for the opportunity to

2:36:01speak tonight. I'm here and I sat

2:36:02through that entire evening because we

2:36:05had a grade one gas leak on Russell

2:36:07Street in front of 23 Russell Street

2:36:10last Tuesday. I came home from work to a

2:36:13giant hole in the ground and National

2:36:15Grid, several National Grid trucks and a

2:36:18and a police officer. And I um I was

2:36:23frightened and um uh horrified and

2:36:28reminded of how dire the situation could

2:36:33potentially be um with what we all

2:36:35learned from North Andover, what

2:36:37happened in North Andover,

2:36:38unfortunately. And so that's why I came

2:36:41here tonight to let you all know that

2:36:42this happened and to ask um the select

2:36:47board to and the uh town manager to

2:36:51please um uh touch base with the

2:36:54national grid, find out what the details

2:36:55were, who reported it. I don't know who

2:36:57reported it. And how many h homes did

2:37:00they go to? I know they were in uh I

2:37:04live in a duplex. They were in half of

2:37:05my basement. they weren't in my part

2:37:07because I was at work. Um, but I uh

2:37:12so that's one thing I wanted to say. I

2:37:15think this um underlines how important

2:37:18it is that we all um try to electrify

2:37:22and so Russell Street is unfortunately

2:37:26part of a historic district and there

2:37:28are limitations.

2:37:29Homeowners cannot uh put solar panels on

2:37:33their home in the most um energy

2:37:36efficient production uh capacity.

2:37:40So that's the other one. Second thing I

2:37:41wanted to mention and third thing I

2:37:44wanted to mention and I brought um uh

2:37:47visual aids. This is the community plan

2:37:50from save alifebrook

2:37:52uh which does have a solution um uh to

2:37:56the sewage problem in awifebrook.

2:37:59The MWR draft plan is the illusion or

2:38:03presents illusions of solutions. It does

2:38:06not have a solution. So I uh encourage

2:38:09the select board. I thought your letter

2:38:11was great. I read it um uh last week. Uh

2:38:16but I think it needs to include a

2:38:18specific solution uh regarding the

2:38:21financing that Sale Wife has explained

2:38:24that for $45

2:38:26um a year the essentially the CSO

2:38:30problem can be solved. I was at the Zoom

2:38:33hearing last week and a select board

2:38:35member from Norwood um spoke and just

2:38:39wants the cheapest plan possible.

2:38:41They've already separated their sewers.

2:38:43they don't feel they should be doing

2:38:44more and they're facing some $ 38

2:38:46million for I couldn't tell what. So, I

2:38:49just think it's really important that we

2:38:51get the message out there that there's a

2:38:52solution and uh MW's plan sucks.

2:38:59>> Time

2:39:01Harington.

2:39:05>> Thanks everybody.

2:39:16Good evening. My name is Stephen

2:39:18Harrington. I live at 74 Columbia Road

2:39:20here in Arlington. Um, tonight I want to

2:39:22return to the threshold question of

2:39:25authority and accountability in regards

2:39:28to the identified resident electronic

2:39:30advocacy, the town meeting.

2:39:33Massachusetts law gives a moderator

2:39:35authority to preside over town meeting

2:39:36and regulate its proceedings. The town's

2:39:39own records show that the electronic

2:39:42submission system operating year round

2:39:44as an administrative process involving

2:39:47the moderator approval, clerk

2:39:50publication, and townmaintained

2:39:52infrastructure.

2:39:53In 2024, the moderator explicitly agreed

2:39:56that my article 14 submission was

2:39:59germanine but denied direct access

2:40:01because I was not a town meeting member

2:40:04or official. My question remains

2:40:06unanswered. What statute, bylaw, town

2:40:10meeting vote, or lawful delegation

2:40:13created that authority over residents

2:40:16outside town meeting proceedings?

2:40:18It's also an accountability problem. The

2:40:21guidelines gave the moderator final

2:40:23control over access. Yet, the town

2:40:25manager and select board say they cannot

2:40:27direct them and no review process has

2:40:30been identified for an excluded

2:40:32resident. A town operated communication

2:40:35and archival system should not create

2:40:38governmental authority without an

2:40:40identifiable source or responsibility

2:40:43without review. I again request a

2:40:46written answer to the question of

2:40:48authority and a public regender for

2:40:50discussion.

2:40:52>> Thank you.

2:40:53>> Thank you. [snorts]

2:40:56Right. If anyone in Zoom would like to

2:40:59speak on open forum, please use the

2:41:01raise hand function in your Zoom app.

2:41:03Now,

2:41:05[snorts] seeing none, that will close

2:41:08the open forum section of our meeting.

2:41:13Brings us to item number 15 on traffic

2:41:16in order. Final letter combines

2:41:18combined store overflow flow control

2:41:22plan. We got to shorten that up.

2:41:26CSO control plan. How about that? Mrs.

2:41:29Mahan.

2:41:34>> Sorry, my finger got stuck trying to

2:41:36find audio. Um,

2:41:40I I want to thank uh town council um as

2:41:44well as all my colleagues on the board.

2:41:45I know we've spent many many many hours

2:41:49um discussing this issue and the cso

2:41:53control plan and MWR and attended

2:41:55hearings and um we're finally at the

2:41:59point where we have a final letter for

2:42:01submission and I'm very grateful for

2:42:02that. So, um, I'd like to make a motion

2:42:05to approve the, uh, final letter of the

2:42:10Cso comment letter on behalf of the town

2:42:12of Arlington to the MW.

2:42:15Uh, that's it.

2:42:18>> Any additional comments,

2:42:20seconds, little to typo stuff we can

2:42:24deal with after or

2:42:26like an extra S on in the first

2:42:28paragraph somewhere? So usually with

2:42:30letters that you know we authorize Yeah.

2:42:33Okay.

2:42:35that the chair to work with the town

2:42:38council to finalize the language based

2:42:40on what's being presented.

2:42:44>> Okay.

2:42:44>> Yeah. You can always get those.

2:42:48>> Sounds good.

2:42:48>> Toss

2:42:50the weekend before. He can junk them in

2:42:52but

2:42:53>> can drop it. Anyways, yes.

2:42:55>> GBT to find them like my kids do.

2:43:00>> Do we have a second? [snorts]

2:43:08>> Did you?

2:43:09>> No, I I I Mr. Benson was kind enough

2:43:12Saturday to to walk me through it and

2:43:14catch me up to speed. And I I you know,

2:43:15absolutely defer to, you know, Mrs.

2:43:17Mahan who's done a lot of work on this.

2:43:19Um

2:43:21it's it's probably nitpicky on on my

2:43:23part but like the language around the

2:43:24specific things I moving away from

2:43:26tunnel storage I understand and you know

2:43:29even with sewer separation there is some

2:43:31degree of storage that would be required

2:43:34to ensure that it's effective and you

2:43:37know the storm water wetlands if we want

2:43:39to be directive I think you know he

2:43:41mentioned there's specific DCR land that

2:43:44would be ideal as the storm water

2:43:46wetlands to restore um I'll admit I'm

2:43:49sort of new to the this back and forth

2:43:51dialogue. So, I didn't know if if if

2:43:53folks are sort of comfortable with this

2:43:55level of detail, I'm I'm fine with it or

2:43:57if they wanted to, you know, just be

2:44:00done with it tonight or add something

2:44:02and come back. I think Octo is it

2:44:03October 30th is the final that it's got

2:44:05to be in.

2:44:07>> Yes,

2:44:13>> I I want to leave my motion on this.

2:44:17>> Yeah. [clears throat] No, that's fine.

2:44:18>> If I thought we could if I thought our

2:44:20letter could actually go in and that

2:44:22would dictate the terms, all terms, that

2:44:24would be great. But I don't think that's

2:44:26going to happen.

2:44:26>> That's more direction. Okay,

2:44:29>> I I'll second the motion.

2:44:33>> Mr. Helmouth, anything to add

2:44:35[snorts and laughter]

2:44:36>> since we have no one else here? All

2:44:38right, we have motion to approve by Mrs.

2:44:40Mahan, seconded by Mrs. Mr. Dorsey.

2:44:46>> Attorney Cunningham.

2:44:46>> Mr. Dorsy. Yes,

2:44:48>> Mrs. Solomon.

2:44:48>> Yes,

2:44:49>> Mrs. Mahan.

2:44:50>> Yes,

2:44:51>> Mr. Helmouth.

2:44:52>> Yes,

2:44:53>> Mr. Herd.

2:44:54>> Yes.

2:44:54>> 5 Z vote.

2:44:56>> All right, that takes us to

2:44:57correspondence received. We have time

2:44:59meeting resident communication channel

2:45:01by Stephen Harrington.

2:45:05Motion to receive.

2:45:08>> So moved

2:45:09>> by Mr. Corsy, second by Mr. Solomon.

2:45:13>> Jenny Cunningham.

2:45:13>> Mr. Dorsey.

2:45:14>> Yes,

2:45:15>> Mrs. Solomon.

2:45:16>> Yes.

2:45:16>> Mrs. Mahan,

2:45:20>> yes.

2:45:20>> Mr. Helmouth,

2:45:22>> yes.

2:45:22>> Mr. Herd,

2:45:23>> yes.

2:45:24>> By your vote,

2:45:25>> no business.

2:45:26>> No.

2:45:27>> I also

2:45:27>> No new business.

2:45:28>> I also have no

2:45:29>> business. Mr.

2:45:31>> Thank you, Mr. Chair.

2:45:32>> Attorney Cunningham.

2:45:33>> No. Thank you, Mr. Chair.

2:45:34>> Mr. Feny.

2:45:36>> Thank you, Mr. Chair. I just wanted to

2:45:38uh extend

2:45:40uh my thanks to all of the uh town staff

2:45:43and other partners and organizations who

2:45:46worked uh together to bring a very

2:45:48successful town day to the community uh

2:45:51a few weeks ago. And then uh similarly

2:45:54to extend my thanks especially to the

2:45:56public works professionals who worked uh

2:45:59hard this uh past weekend uh essentially

2:46:02around the clock to uh responding to

2:46:05downed limbs and uh will note though

2:46:08it's never a good thing to lose trees in

2:46:10your canopy. I will note, you know,

2:46:12based on the forecast it could have been

2:46:14perhaps much worse than it was, but we

2:46:17did lose uh 13 trees of various sizes

2:46:20during uh the most recent storm. But

2:46:22hearing reports from managers in other

2:46:24communities where uh the numbers were

2:46:26more far more significant, I'm grateful

2:46:29that that is uh the only loss we

2:46:31experienced this time around. Thank you.

2:46:34>> I'll shift to Zoomland. Mr. Helmet,

2:46:38>> no new business. Thank you,

2:46:39>> Mrs. Mahan.

2:46:41>> No new business. Thank you.

2:46:43>> Mr. Selman,

2:46:43>> no new business. Mr.

2:46:45>> I'm going to break the streak. Two two

2:46:47things, Mr. Chair. Thank you. First of

2:46:49all, on September 17th, uh Mr. Helmouth

2:46:53and I along with Mr. Feny attended the

2:46:55dedication of the Brian Rarig Blackbox

2:46:58Theater at Arlington High School and it

2:47:00was a tremendous ceremony. Um Sheila

2:47:03Rarig spoke as many other speakers, but

2:47:07it just was another reminder of things

2:47:09that uh Brian had done for the town and

2:47:12suggestions that he had made in ensuring

2:47:15that that space was the best possible

2:47:17space. Brian passed away in 2022, but

2:47:20his legacy still lives on and it was

2:47:23certainly powerful there that day. Um, a

2:47:25second one briefly, this is a a local

2:47:29example um on September 21st. There was

2:47:33a oped piece in the Boston Globe by

2:47:36Jason Margolus talking about the impact

2:47:39on small businesses um with changes in

2:47:43tariffs and increases in tariffs. And

2:47:45the example he used was a local example

2:47:47of sports etc. who Paul Stanton his

2:47:50friend of ours who um owns that business

2:47:53and was just talking about what happens

2:47:56to the business owner when tariffs are

2:47:58increased and what happens to the

2:48:01consumer and and uh they both pay more.

2:48:03That's that that's what happens there.

2:48:05But it was there's been a lot of

2:48:07discussion about it in the news but I

2:48:09thought a a local example here was worth

2:48:13uh people taking a look at. September

2:48:1521st, 2026.

2:48:18Um, peace in the globe. Thank you.

2:48:21>> We all know hockey stuff is cheap.

2:48:24Sorry, especially when you have a

2:48:26bullet. I just want to thank everyone

2:48:28that was involved with town day. All the

2:48:31work pre-Town day, during town day. I

2:48:34know Mr. Town Manager spent a lot of

2:48:38Saturday hours here in Arlington, but it

2:48:41was a great event. Tons of people. We

2:48:43got to see our old friend Mr. Diggins

2:48:45and

2:48:46exchange some curiosity questions with

2:48:48him. Uh it's always good good to have

2:48:51him come out and uh just everyone that

2:48:54you know town staff that was involved

2:48:56public safety you know you walk up and

2:48:58down the street you don't feel any

2:49:00safety concerns and you know pretty

2:49:03pretty quickly after you know tens of th

2:49:06or a thousand people walk through the

2:49:08streets were clean. So you know thank

2:49:10you to everyone involved. It was a fun

2:49:13event and uh glad to have been a part of

2:49:16it this year.

2:49:17>> With that, we'll take a motion to

2:49:18adjurnn.

2:49:19>> So moved.

2:49:21>> Second. Motion to adjourn by Mr. Corsy,

2:49:23seconded by Mr. Solomon, Cunningham.

2:49:26>> Mr. Dorsey,

2:49:26>> yes.

2:49:27>> Mr. Solomon,

2:49:28>> yes.

2:49:28>> Mrs. Mahan,

2:49:29>> yes.

2:49:30>> Mr. Helmouth,

2:49:31>> yes.

2:49:32>> Mr. Herd,

2:49:32>> yes. Zero vote. We are adjourned.

2:49:37[music]

2:49:43>> [music]

2:49:52[music]