On March 23, 2023, the Select Board and Town Counsel Ivria Fried discussed amending the HCAs that the town has with Littleton Apothecary (HCA to sell recreational cannabis), Community Care Collective (HCA to sell recreational cannabis; a second HCA to grow and produce cannabis-related products), and MRM Industries (HCA to produce of cannabis-related products).

The link to that meeting is HERE, and the discussion begins at 2:10:50.

During this discussion, Atty. Fried explained to the Select Board that she “worked with counsel” for Littleton Apothecary, for Community Care Collective, and for MRM Industries on the proposed amendments to those businesses’ respective HCAs. As she spoke, Atty. Fried referred to the draft Amended HCAs that she had with her, ready for the Select Board members’ signatures.

Atty. Fried explained to the Select Board (minus Matthew since his wife’s HCA, aka her “license to print money,” was being discussed) that the attorneys for the parties (Littleton being one, through its Select Board and the business owners being the others) had “tightened up the termination provision,” saying, at the 2:16:00 mark, “if the Special Permit [from the Planning Board] lapses, you [Select Board] have the ability to terminate the HCA” and “if the Special Permit [from the Planning Board] expires, the HCA will terminate.”

After some dithering over the wisdom of signing these four amended HCAs—when Sanctuary’s HCA to cultivate cannabis was still in the negotiation stages—the four Amended HCAs (Littleton Apothecary’s, MRM’s, and CCC’s two) left Atty. Fried’s hands and were slid down the Big Kids’ Table for Cindy Napoli, Gary Wilson, March Rambacher, and Chuck Decoste to sign.

According to what Atty. Fried said ten months ago, Littleton’s Select Board, today, has the ability to terminate Littleton Apothecary’s HCA because Littleton Apothecary’s Special Permit lapsed, in practical terms, on September 20, 2023. Moreover, in administrative terms, Littleton Apothecary’s Special Permit lapsed on November 16, 2023 when the Planning Board made a finding that Littleton Apothecary had done nothing with its Special Permit and the time had come to inform the Select Board of this finding by letter.

A month goes by, and I’m curious if this “letter” has made it from the First Floor at Town Hall (Planning Department) to the Third Floor at Town Hall (Select Board’s/Town Administrator’s Office).

On December 15, 2023, I sent this email—with the subject line: Letter from the Planning Board to the Select Board—to two co-recipients: Town Planner Maren Toohill and Assistant Town Administrator Ryan Ferrara.

Dear Maren,

On 11/16/23, the Planning Board made a finding that Littleton Apothcary’s special permit had lapsed. A vote was taken to send a letter to the Select Board informing it of the finding.

Has that happened?

And Ryan,

If the Planning Board’s letter did arrive, has it been shared with the Select Board, and when will the board take up the matter and/or agenda a discussion about this?

Thanks,

Jenna

No reply from Maren.

But here’s Ryan’s December 20, 2023 reply:

Jenna, the Select Board is aware Littleton Apothecary’s Special Permit has lapsed.  I have separately been speaking with the Select Board Chair Wilson regarding bringing in Town Counsel to provide an update to the Select Board at one of their meetings in January regarding the status of HCAs in the community.  I anticipate Town Counsel and the Select Board will discuss how they intend to proceed forward in the aftermath of the Littleton Apothecary’s Special Permit having lapsed at that meeting.

Hmm.

I don’t understand why Littleton would need to “bring in Town Counsel to provide an update to the Select Board.” Atty. Fried did that already—at the March 27, 2023 Select Board meeting when she was clear: “If the Special Permit lapses, you have the ability to terminate the HCA.”

Why should Littleton taxpayers be stuck paying the Select Board’s legal fees on this matter for a second time?

And for me, I’d like to know why there’s this ongoing delay—and who benefits?

Jenna