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The Town of Saugus and Massachusetts Green Retail, Inc. have reached a resolution that paves the way for a recreational marijuana establishment to potentially open on the Saugus/Lynn line.
On April 9, the Town of Saugus, Massachusetts Green Retail and the Lynn City Council jointly agreed to dismiss the lawsuit the town filed in an attempt to prevent Jordan Avery from moving forward with a marijuana retail store at 829 A Boston St. in Lynn.
In April 2019, special town counsel Art Kreiger filed a complaint in Land Court on behalf of the Saugus Board of Selectmen and the building commissioner against Massachusetts Green Retail and the Lynn City Council in hopes of annulling a special permit approved for a recreational marijuana shop at 829A Boston St. in Lynn.
Attorneys for the town argued that a portion of the building where the marijuana shop would go and most of the parking spaces are located in Saugus, where recreational cannabis establishments are prohibited by zoning bylaws.
The Town of Saugus also contended that Massachusetts Green Retail failed to provide security measures for the transportation of marijuana, and asserted the proposed use would generate substantial traffic congestion and safety hazards on Saugus streets.
Massachusetts Green Retail took the position that the recreational marijuana operation would take place in Lynn and that the company met all of the necessary requirements in bringing its application forward.
The parties engaged in mediation in December to try to settle the litigation and resolve disputes regarding the special permit the Lynn City Council granted to Massachusetts Green Retail.
Among the highlights from the settlement agreement:
• No activities related to the dispensary – including consumption of marijuana products, parking and access/egress – shall occur in Saugus.
• Massachusetts Green Retail will install a barrier along the eastern border of the site to prevent motorized vehicles from crossing onto or using the adjacent property except at a right of way.
• No customer or employee of the dispensary may use any part of the deck.
• Massachusetts Green Retail shall build out and operate in such a way that the dispensary doesn’t occupy any interior space in Saugus.
• The parties will dismiss the litigation with prejudice and without costs within seven days of the full execution of the agreement.
• Saugus shall not appeal any reconfiguration of the parking on the site in Lynn, as long as any reconfigured parking and travel is limited to Lynn. Saugus also shall not appeal any other permit or approval issued by the City of Lynn for the dispensary as it is currently approved. Saugus retains all its rights regarding any permit or approval required from Saugus or any of its boards or committees.
The dismissal will allow Massachusetts Green Retail to move forward with its state application for a cannabis retail license.
Avery, the president and CEO of Massachusetts Green Retail, thanked the City of Lynn and his supporters for their advocacy while the suit was pending.
“I am extremely happy and relieved to put this behind me and to start moving forward with my application,” Avery said. “I’m grateful for the Lynn city officials and the many friends and supporters who stuck by me during this stressful time.”
Avery said he will take steps to prevent customers from parking in the Saugus-owned portion of the Boston Street site, measures he noted he had agreed to undertake before the lawsuit was filed.
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