WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=Z1I_0renziI

Part: 1

1
00:00:04.880 --> 00:00:39.600
We're just going to give it a second to let the waiting room clear. Please make sure you are muted as you enter. For those who are presenting, please make sure your audio and visuals are working. >> Want to All right, and we're going to get

2
00:00:39.600 --> 00:00:55.680
started. So, good afternoon. This is a hearing before the Boston Cannabis Board, the BCB. Today is August 5th, 2026. Today's hearing is being conducted pursuant to temporary amendments to the open meeting law. This is what allows us to meet virtually. This hearing is being recorded and will be posted to the city

3
00:00:55.680 --> 00:01:12.720
of Boston's website. Before I review some procedural matters, I will introduce Chairwoman Kathleen Joyce. >> Good afternoon. My name is Kathleen Joyce. I'm chair of the Boston Cannabis Board. And today I'm pleased to be joined by my fellow commissioners, Commissioner Lisa Holmes, Commissioner John Smith, Commissioner Jack Kenslaw,

4
00:01:12.720 --> 00:01:28.159
Commissioner Sonel Gandhi, and Commissioner Raone Sodto. >> Thank you, Chairman Joyce. My name is Jasine Wyn and I am the Boston Cannabis Board Manager. We are also joined by Luke Santos, who is our cannabis licensing specialist. I will begin by calling each item in the order they

5
00:01:28.159 --> 00:01:43.759
appear on the agenda. We have two amendments to already approved licenses and no new license application. Each amendment application will have five minutes to present to the BCB followed by questions and comments from the board members. We will then take public testimony beginning with elected officials or their representatives

6
00:01:43.759 --> 00:01:59.520
followed by the general public. If you wish to testify, please sign up via the link that will be put in the chat. If you have already signed up, you do not have to do it again. Please wait until the matter in which you would like to speak about is called. Do not use the chat function to give testimony. It would not be considered. Please state

7
00:01:59.520 --> 00:02:16.000
your full name, address, and affiliation if any. Testimony will be limited to 2 minutes, at which time you will be muted. Additional testimony can be submitted in writing to cannabis boardboston.gov. The record will be kept open until Monday, August 10th at 5:00 p.m. The BCB

8
00:02:16.000 --> 00:02:31.440
does not give any more weight to spoken testimony than it does written testimony. The first matter we have the lency is Ember Gardens Boston LLC doing business as Ember Gardens. The license premise is 297 Newbury Street Back Bay. The license type is a marijuana retailer

9
00:02:31.440 --> 00:02:46.800
license and this is a equity applicant and they have not commenced operations as of yet. The request is to amend operating hours, remove condition, remove conditions and a change of ownership interest. The current operating hours are 11:00 a.m. to 8:00 p.m. Monday through Sunday and the

10
00:02:46.800 --> 00:03:01.840
proposed hours of operation are 10:00 a.m. to 11:00 p.m. Monday through Sunday. The conditions they are seeking to removed are one appointment only online, two open for Backbay residents from 7:00 p.m. to 8:00 p.m. daily, and

11
00:03:01.840 --> 00:03:18.560
three, a minimum purchase of $35. And for the change of interest, the Lency is seeking the board the board's approval for changes within the non-equity portion of the ownership interest which owns 49% of the entity. The Lency is not seeking changes within the social equity

12
00:03:18.560 --> 00:03:34.400
portion of the entity which is owned and approved by the social equity applicant Joseph Hoffman at 51%. Who is present on behalf of the Lency? >> Hi Emma, this is Mike Ross. Good afternoon, manager Wyn and Madam Chair,

13
00:03:34.400 --> 00:03:51.120
members of the board. Uh Mr. Stanhouse, uh this is attorney Mike Ross. Uh I'm with the law firm of Prince Lavell. I'm here uh today on behalf of the lency, uh Ember Gardens Boston LLC. I'm joined by its CEO, Shane Hyde, and it social

14
00:03:51.120 --> 00:04:08.159
equity applicant, Joseph Hoffman. Um, as um, Manager W mentioned, Emerg Gardens is a social equity adult use dispensary located at 297 Newberry Street. Uh, currently undergoing a tenant fit out

15
00:04:08.159 --> 00:04:23.840
uh, and is expected to open in November. It's been approved by the I and I have a uh, Do you want me to pull up uh, Jasmine my uh, presentation? It's just >> share your screen. >> Yeah, I'll pull it up.

16
00:04:23.840 --> 00:04:45.680
um would be helpful. I'm going to toggle back and forth to it because I also have a script here. Uh sorry, members of the board. I'm going to pull it up in a second. Um

17
00:04:45.680 --> 00:05:01.120
okay, so uh it's undergoing a tenant fit out and it's it's expected to open in November. It's been approved by this board as uh as Jasmine mentioned, it's been approved by the zoning board of appeal. Um, however, we're here to remove years old restrictions because

18
00:05:01.120 --> 00:05:18.240
those approvals uh from this board was 2021. Uh, and it was an unknown industry. The conditions that were placed on the license was before any of these I don't think any were open. Maybe one was opened or was about to open. So, there were a lot of these restrictions that

19
00:05:18.240 --> 00:05:33.440
we're seeking to remove. The $35 purchase, minimum purchase, uh that does not exist today, uh anywhere in Boston. Uh the last shop that had it actually went out of business. Um we're also seeking to change the hours. Slight

20
00:05:33.440 --> 00:05:49.840
tweak on what you just heard. We actually only uh want to be open until 10 p.m., not 11:00 p.m. for the first 6 months. And that's uh an agreement we reached with the neighborhood association of the Backbay. Um they

21
00:05:49.840 --> 00:06:05.840
asked that we uh prove ourselves over those first six months at 10 p.m. And assuming that there are no issues uh that transpire within those six months, then they are okay within 11 p.m. we provided that information to the board.

22
00:06:05.840 --> 00:06:22.400
You should have that. So that's around the change of hours. also mentioned removing the backbay only resident restriction uh as well. Um there is a change of ownership. We submitted that spreadsheet um and uh

23
00:06:22.400 --> 00:06:41.919
like uh Jasmine said that is just within the um uh 49% ownership and you know just I have a few visuals I'll share if the company's also operating in on

24
00:06:41.919 --> 00:06:58.880
the Cape. This is the buildout as we as today. It's it's getting there. They think November. Originally, they thought it was going to be a little bit earlier, but they think it's going to be November. Um,

25
00:06:58.880 --> 00:07:15.360
there's security that they have because they worked out something within a butter that they would always have security. They agreed to it. Here are existing operations. You have Air Cannabis, they're open till 10:45. You have rooted in, they're open till 11:00 p.m. You have New Dia, they're open till midnight. Those are kind of nearby.

26
00:07:15.360 --> 00:07:31.840
We're currently open till 8, proposing 10 for the first 6 months, 11 thereafter. Those changes I mentioned, the $35 uh appointment only. I mentioned um we're removing. That's it. So, I'll pause there. See if

27
00:07:31.840 --> 00:07:49.919
there's any questions. >> Thank you, Attorney Ross. Um >> not yet. I mean, go ahead, Commissioner Holmes. >> Oh, I I I did. Wait, what? Why have they not been able to open since we licensed them in 2021?

28
00:07:49.919 --> 00:08:09.120
>> They uh ran into uh substantial push back at the ZBA uh and then we were ultimately able to overcome that. There was an appeal of their ZBA approval by a direct butter

29
00:08:09.120 --> 00:08:26.800
and to their credit they reached out to that abuter and reached an agreement with that of butter. Uh and one of the reasons why they have security in a way that no other place will uh is because that was one of the conditions that created the ability for them to proceed.

30
00:08:26.800 --> 00:08:43.360
>> Wow. Okay. Wow. >> Yeah. Thank you. >> Yeah, >> thanks Jasmine. Hi, Attorney Ross. >> Um, >> so they want to remove the conditions

31
00:08:43.360 --> 00:09:00.720
before they even opened. I'm sure this will come up, but um there's no record, you know what I mean? like there's no record of like sales, anything, but it hasn't opened yet and we want to remove the conditions, >> you know, track record or

32
00:09:00.720 --> 00:09:16.000
>> the passage of time five years in this industry when when when these were first getting approved conditions like $35 minimums um were were made I'm not going to say standard, but we're definitely being

33
00:09:16.000 --> 00:09:32.080
profered. Now, we know given the passage of time, given where the industry has gone, given some of the um uh retailers that's just shut its door >> um and closed their doors, we know that that those restrictions aren't

34
00:09:32.080 --> 00:09:48.800
necessary. Appointment only restrictions are not necessary. We know there aren't lines down the street. One of the one of the restrictions here was that they could stay open till 8 as long as from 700 p.m. to 8:00 p.m. it was only Backbay residents that could go into the facility. I mean, how would you even how

35
00:09:48.800 --> 00:10:04.880
would you even patrol that? I I don't know. So, these it's not that they were I mean, for the time 2021, they were not unreasonable because no one knew what the industry was going to do. Now, five years uh later, when we we know they're going to open, we know that they're

36
00:10:04.880 --> 00:10:22.079
approved, it just doesn't make sense. That being said, the individual sale of cannabis cigarettes or joints was a restriction that the licensing board placed on this operator. And that is a

37
00:10:22.079 --> 00:10:36.880
restriction that no one is is seeking to remove. some of these restrictions that survive make a lot of sense five years ago and today. And so, you know, uh that's that's the thinking behind that.

38
00:10:36.880 --> 00:10:52.880
But to make these guys open and, you know, uh have to do these somersaults that that don't make sense today, you know, it's not about proving yourself. It's just it's about putting a barrier in front of them that just makes absolutely no sense. So that was the the

39
00:10:52.880 --> 00:11:09.680
the discussion we had at the Abutters meeting. That was the discussion we had at the neighborhood association of the Backbay. And honestly, the only thing that ever came back was the hours of operation. They were like, "Look, we understand these other items. Even people who didn't like us understood

40
00:11:09.680 --> 00:11:24.640
those other items. It was the uh hours operations that took up the most amount of time. And that's where NAB came up with this like look do 10 and if you don't have any issues come back in six or you know we're fine. They didn't say come back they just said we're fine if

41
00:11:24.640 --> 00:11:41.920
there's no issues six months later. So you know that's the thing that had probably the most uh discussion point. >> Sometimes I can barely remember yesterday but I think there were some assaults that they agreed to five years ago. Right. >> Yeah they did agree to them. I mean it

42
00:11:41.920 --> 00:12:00.240
was a question of either getting the license and agreeing to these things or not getting the license and not agreeing to these things. >> Okay. >> Thank you, Attorney. >> Thank you. >> Commission. >> So, um I guess I'm kind of in a a

43
00:12:00.240 --> 00:12:15.440
similar boat as what it sounds like some of the other community groups were in. can understand the you know like the restrictions on sales and how the only other ones are operating it um ended up having to close because of the impact on business. Why do you feel the need to do

44
00:12:15.440 --> 00:12:32.160
the like request the hours change on top of those before even opening the dispensary? is not seem like just reducing those restrictions but keeping the hours as is would be enough to you know like help you get off the ground and then you could see about just making

45
00:12:32.160 --> 00:12:49.200
the full hours change after you have been open for a little bit. >> Well, I mean 8:00 p.m. is just not a reasonable closing hour for Newberry Street. I mean I don't know. I don't think anyone's open till 800 PM except maybe coming to my mind is that Rosundale facility

46
00:12:49.200 --> 00:13:05.760
and uh even there I believe Commissioner Sto it might have been said why are you closing so early if I if my memory serves me correctly. So I don't know of anyone who who who wants to be open later. You know who's I don't know of any other facility that's open till 8

47
00:13:05.760 --> 00:13:21.600
p.m. like that. Uh it's a this is a major business district within the city of Boston. This is Newberry Street. Uh even though you have residents that live, you know, right up against the building on the back of the building like anywhere else in Boston, it's still on Newberry Street. It's still in a

48
00:13:21.600 --> 00:13:38.079
commercial area. and our closest competitor is open till 11:00 p.m. So the 8:00 p.m. closing was exactly of the same um lineage as the conditions we just

49
00:13:38.079 --> 00:13:53.200
discussed with Commissioner Smith. It was the same errors, the 2021 era when the APM was was presented or accepted or agreed to and it wouldn't be the time that you would be presenting for a new

50
00:13:53.200 --> 00:14:08.959
license on either Newberry Street or frankly pretty much anywhere in the city today. And so we're coming back to the board to say, "Look board, [snorts] that was then, this is now. These guys are about to open. We want to allow them to open in a way that's going to be

51
00:14:08.959 --> 00:14:25.600
successful for them. Uh, and this is how we would do it. The 10 p.m. concession was based on um the neighbor Association Backbay's recommendation. And if you know anything about the neighborhood association in the back bay, they aren't

52
00:14:25.600 --> 00:14:42.720
pushovers. um you know, they have a very uh strong, you know, uh history in this city and and so for them to be able to be okay with it, I think speaks volumes. 10 p.m. And we accepted it because they

53
00:14:42.720 --> 00:14:58.800
made a very reasonable case and we're trying to be reasonable. >> So I I wasn't on the commission when this was first initially approved back in 2021. When you were initially going through that process, had you

54
00:14:58.800 --> 00:15:14.560
like initially asked for a 10 or 11 p.m. closing time and then like based on how the hearing went, were asked to bring it down to 8:00 p.m. or was the initial application including a 8:00 p.m. closing time? I I I cannot completely remember, but I

55
00:15:14.560 --> 00:15:31.279
I'm going to just suggest though [clears throat] that we wanted to be open till as late as humanly possible and realize the only way we're getting this thing is if we agreed at the 8:00 p.m., >> which was the same thing with those conditions. We were being realistic. We knew that this was a brand new industry and that you had to walk before you

56
00:15:31.279 --> 00:15:48.399
could run and you had to have some sort of proof there. Nothing was open. So, I mean, there was medical, right? There was like one or two medical facilities in your in your neighborhood. I believe Mayflower opened. Um I think that was like one of one of the few early operas,

57
00:15:48.399 --> 00:16:05.120
but that was just medical. You needed to have your medical card. And it was a totally different ballgame. So um we were being we were on the early side. And then look, even then they weren't allowed to open. They they they got approved by you folks in 2021. And it's

58
00:16:05.120 --> 00:16:23.560
2026, 5 years later, and they're and that [snorts] was February of 2021, so more than 5 years, and they're trying to uh finally open their doors. >> Okay. Uh no further questions for me. >> Commissioner Gandhi,

59
00:16:24.079 --> 00:16:40.560
>> thank you. Um I have a couple of questions. Um well, one statement first and a couple of questions. One of the things that uh you know we like to kind of make sure when we are approving license applications is that a business is successful. There's a significant amount of capital investment and a lot

60
00:16:40.560 --> 00:16:56.480
of um personnel investment in these and we want to make sure that our storefronts are successful and and occupied and safe and uh benefit to uh the business and our communities. So the question I have um for you is um what

61
00:16:56.480 --> 00:17:12.160
you you went over this in your presentation, but what other businesses that are similar to this are open in and around the vicinity and u if you could just kind of give us give me a a quick summary of those again that would be super helpful. I think that's in your presentation. I just kind of want to make sure we are acknowledging that

62
00:17:12.160 --> 00:17:27.919
there are other businesses open in the area and what their conditions are. >> Got it. Yeah. Thanks, Commissioner Gandhi. Um, you know, I think, um, I mentioned I I mentioned Air on Boilston Street. I mentioned Rooted in on Newberry. I know that there is I think

63
00:17:27.919 --> 00:17:42.720
it's called the Copley Connection. Uh, I believe they're open till 11. Um, but I'm not entirely sure. That's right across that's on Boilston, right across from CPPley CPPley. Um, you know, you have, of course, restaurants and and you

64
00:17:42.720 --> 00:18:00.240
have a liquor store, uh, Bowers, uh, uh, liquor store. E, they're open till 11. You have restaurants, Sansi, those types of places. I think they're open past 11 uh midnight uh maybe 1 or two even or one. Um you have uh you have Insomnia

65
00:18:00.240 --> 00:18:15.039
Cookies on Newberry Street. I think they pride themselves on being open very late so you can get cookies at all hours of the night. Um so you you know you have a late night uh street, Newberry Street. Um and uh there's a lot of activity. Doesn't mean again that residents don't

66
00:18:15.039 --> 00:18:31.440
live there. do, but they choose to live next to a very busy and very successful uh retail area in our city. Uh, and those residences aren't cheap. You know, you if you're moving there, you're moving there because you want to you have the resources and you know that you

67
00:18:31.440 --> 00:18:48.400
have a business that close to you. Now, you don't you may not have known it was going to be a cannabis business and you may not have known it was going to be this business. Um, but you know, that's what happens. You know, there's all sorts of businesses that >> are [clears throat] in this area. >> And is it rooted in on Neighborbury

68
00:18:48.400 --> 00:19:03.520
Street as well? >> It is. It's on the next block to our left. >> Okay. Okay. Um, my next question is along the lines of impacts. I know you mentioned the community meeting uh with NAB and did any other impacts and uh and

69
00:19:03.520 --> 00:19:20.559
concerns about parking, transportation, um use of marijuana, did those come up in the in those meet in that meeting or in those conversations? >> No, I mean those came up when we first got approved by the board and by the zoning board of appeal. I mean that's when we had those conversations and

70
00:19:20.559 --> 00:19:35.919
again NAB to [clears throat] their credit said look this is an approved facility. We're not talking about whether or not this should be here in this location. What we're talking about are these sets of changes and um you know they handled it exactly the way you

71
00:19:35.919 --> 00:19:51.679
know they should handle it and it doesn't mean they support us or not support us. It's just they focused on what's in front of you today. So for that reason we really didn't get into impacts and cars and traffic. And we also do know unfortunately it's not like anyone's banging down doors to get into

72
00:19:51.679 --> 00:20:11.520
these facilities. They're not that busy. >> Okay. Okay, that's super helpful. Thank you. >> Thank you, >> Commissioner Sto. Thanks, Jasmine. Hey, counselor. >> Commissioner. >> Yes, sir. >> Okay, great. Um Oh, the camera's

73
00:20:11.520 --> 00:20:26.080
working. Here we go. All right. um question on the outreach to um the elected officials and other folks who represent the constituents there. Um

74
00:20:26.080 --> 00:20:43.280
wanted to just uh get your uh well to that extent uh what outreach was done um to the local elected officials? >> We reached out to uh Councelor Durkin and her office. [clears throat] Um, I'm not sure where they're landing

75
00:20:43.280 --> 00:20:59.840
on this, but um, we, you know, reached out early to them to let them know, you know, what we're trying to do. Maybe NAB's, uh, approval or non-opposition, I'm going to say not approval, not opposition might have, you know, um, might have

76
00:20:59.840 --> 00:21:20.000
made it easier for them to not oppose or to support this. I don't know. I don't know if they're on the call today, but uh, there was dialogue. There was communication. And we did provide the letter from NAB to them after they sent it to us and we've kept them apprised. >> Okay. Cuz I did and I did see that uh

77
00:21:20.000 --> 00:21:37.200
>> uh looks like I think this is right. Representative Living Livingstone had expressed uh opposition. >> That's uh not sure >> that that where there was no direct communication to representative Living Stone. Um, there there could have been,

78
00:21:37.200 --> 00:21:53.120
maybe there even should have been. I just it didn't it didn't cross my mind. It was I'm thinking purely city on this one and I just kind of I was in city mode. >> Okay. Um because I just wonder what his impression is of the situation and how

79
00:21:53.120 --> 00:22:10.640
it's unfolding and whether he's aware of the Backbay Association's conversations with you and potential kind of for um you know like the 10-month or the six-month sort of like probationary

80
00:22:10.640 --> 00:22:25.120
period around the later time, right? Like so I feel like where the rep I think often listens to the Backbay Association for a lot of uh the work that he's doing up at the state house that that would be an I think an

81
00:22:25.120 --> 00:22:42.320
important caveat for him to be able to like more I guess um have a more open mind about the prospect of of that some of those restrictions shifting. Um

82
00:22:42.320 --> 00:22:59.919
so just a thought there where um and I totally hear you that it could could be a blind spot where where council Durkin is sort of like more present in that in that regard. Back Bay as you know is can be hotly sort of um from a lot of

83
00:22:59.919 --> 00:23:16.559
different angles can be hotly every issue can be hotly contested from from every angle. Um, so I'm not saying that it's not um, uh, a necessary sort of like intervention each time, but just given the big gap here, I just feel like

84
00:23:16.559 --> 00:23:34.240
that's a a box that that needs to be checked. Um, and then was there any response from the counselor, concerns or anything about because I haven't seen anything. Um, and and >> yeah, nothing formal. um just

85
00:23:34.240 --> 00:23:51.120
communication with um her office with her directly, but but it was it was like more of a heads up variety. Um the NAB email that went out, interestingly, NAB actually also didn't include the the representative. They only included um council Durkin, you know, in the mayor's

86
00:23:51.120 --> 00:24:07.200
office probably thinking like me that it's a city issue. But to your point, uh, Commissioner Sto, and it's a good one, I am going to send and copy the board, uh, a direct communication to Representative Livingstone to let him know, uh, about NAB's communication and

87
00:24:07.200 --> 00:24:24.640
apologizing for not being in touch with him on this matter. >> All right. I think Yeah, I think that's I think that's just a good a good thing to do and and >> definitely appreciate that outreach um, in order to just make sure that everybody is is fully informed. Um,

88
00:24:24.640 --> 00:24:41.919
yeah. Outside of that, I I really don't have any um specific questions to as to the um individual pieces. I I think the neighborhoods have a pretty good handle on what they need and need to see from their businesses and um glad to see that

89
00:24:41.919 --> 00:25:00.159
you arrived at that um middle ground with the community. Um so, uh with that, Jasmine, uh no more questions. >> Thank you. Chair Joyce, did you have any question? >> No, I I appreciate all the um material

90
00:25:00.159 --> 00:25:17.039
in the folder that we have because it does explain the process and how you got here. I appreciate it. Thank you. >> All right, we will move to public testimony being with elected officials, other representatives, >> madame chair and commissioners. Good afternoon. Sigy Johnson with the mayor's

91
00:25:17.039 --> 00:25:32.720
office of neighborhood services. This lency has completed a community process in association with this application. Our office hosted an abutters meeting on May 20th where the discussion centered around the hours extension. There is significant opposition from those identifying themselves as direct

92
00:25:32.720 --> 00:25:49.200
abutters as well as from individuals affiliated with a nearby cannabis shop. There was limited discussion in relation to the other provisos. Those making public comments felt that the business should not request an alteration of the hours before opening and the community being able to vet how the operator is

93
00:25:49.200 --> 00:26:05.600
performing. A butters characterized that Ember Gardens had agreed to these hours voluntarily during an earlier community process and should be held to that agreement. The applicants have met with the neighborhood association of the Backbay which has indicated an openness to a 10 p.m. closing time. Although it's

94
00:26:05.600 --> 00:26:20.880
our understanding that the Abutters would prefer to leave the time unchanged until the business has started operating, our office has received seven letters of opposition with four signing an address in the Abutters radius which have all been forwarded to the board. With that background, ONS, we would urge

95
00:26:20.880 --> 00:26:37.600
one way or the other that the board uh consider this matter once the business is open and operating. That would provide some clarity on which direction things are going. Although we do defer to the board on that point. Thank you. Thank you. Um, Lily from Council

96
00:26:37.600 --> 00:26:53.600
Derkens's office. >> Thank you so much, Jasmine. Um, good morning or afternoon chair and members of the board. My name is Lily and I'm here on behalf of councelor Derkin who would have loved to be here, but she's currently in the council meeting. Um, thank you for the opportunity to provide comment on the proposed amendments for Ember Gardens located at 297 Newberry

97
00:26:53.600 --> 00:27:09.679
Street. Since Ember Gardens was originally licensed in 2021, both the cannabis industry and the regulatory landscape have evolved significantly. Based on conversations with the butters, the applicant, members of the broader business community, and consistent with the neighborhood association of the backbase position, I do not oppose

98
00:27:09.679 --> 00:27:26.000
removing the appointment only requirement, the residentonly sales hour, or the $35 minimum purchase requirement. I want to note that I also appreciate the applicant's continued commitment to not sell single pre-rolls. Following discussions I had with the applicant directly and that they had with NAB, Ember Gardens has agreed to

99
00:27:26.000 --> 00:27:41.600
revise the request and seek a 10 p.m. closing hour instead of originally proposed 11 p.m. closing time. While I recognize that this issue remains divisive, I believe a 10 p.m. closing time strikes an appropriate balance between the entrance interests surrounding the residential community and the applicant's operational needs.

100
00:27:41.600 --> 00:27:58.240
This recommendation reflects a measured approach that is consistent with the neighborhood's experience with other dispensaries that have sought to expand operating hours after establishing a record of responsible operations. Accordingly, I support the applicant's amended request. Thank you. >> Thank you. Are there any other elected

101
00:27:58.240 --> 00:28:14.000
officials or their representatives that would like to speak? >> All right, seeing no one, we'll move to public testimony. Um Luke will read through the names of those who signed up. >> Yep. And uh just a reminder that you have two minutes to give your testimony and to please state your name and

102
00:28:14.000 --> 00:28:40.720
address when called upon. Uh first we have is Mark Kristo. I see him on here. >> Hi. >> Yep. >> Am I unmuted? >> Yep, we can hear you. My name is Mark Christo, 295 Newbury

103
00:28:40.720 --> 00:28:56.559
Street. I am a uh a resident owner, director to butter. We are in the middle of a residential enclave. We all know about that. It's the most residential block of Newbury Street. We're reasonable people and we're deserving of purposeful protections, particularly when we accommodate other uses like a

104
00:28:56.559 --> 00:29:13.360
cannabis store, which is only permitted by exception. But the magnitude of a late night hour even at 10 p.m. is excessive and it would be detrimental and unacceptable and infringement of quality of life for the residential se sector. It's an unreasonable demand with expectations and the location is

105
00:29:13.360 --> 00:29:28.159
distinctly dissimilar from Newy's last block which is literally saturated with commercial entities as is the boilston uh commercial corridor. The fact remains that these locations are very different from one another one another. They function differently and have since

106
00:29:28.159 --> 00:29:44.960
inception rules and regulations exist to protect and they provide a measure of fairness for all. However, there's no fairness, no justification, no entitlement for demanding similar treatment when circumstances are dissimilar. Apples to orange comparisons have little re relevance. In urban

107
00:29:44.960 --> 00:30:01.120
settings, zoning rules and regulations defined and enforced along a property line. Distinctions matter. The licensing board issues liquor license after taking into consideration neighborhood particulars including adverse effects on residents. In our neighborhood on our block we have two restaurants with

108
00:30:01.120 --> 00:30:18.559
liquor license. EVA at 279 and Little Whale at 3 3:14. They have operating hours on Sunday through Thursday. They close at 9 and 9:30 and 10:00 on Fridays and Saturdays. How unfair then to think that one's business prospects demand should be prioritized over the shared

109
00:30:18.559 --> 00:30:35.760
concerns of many long-term residents. A reason settlement would take into consideration the fact that those restaurants that required licensing from the Boston uh board uh licensing board have earlier evening openings. However, it is

110
00:30:35.760 --> 00:30:51.679
apparent that a probationary period to reassess their operations is absolutely necessary before determining if adjustments are warranted. With no buffer zone to uphold, there's greater opportunities for an operation like Ember Gardens that's got a troubled track record. Disregard bait and switch

111
00:30:51.679 --> 00:31:07.120
tactics and now a major chain of ownership. Uh so for that reason, I would allow for a probationary period. They've committed to their hours. At that point thereafter, we will reassess and we'll utilize what the licensing board has set for hours on those other

112
00:31:07.120 --> 00:31:24.399
establishments at that location taking into consideration the residential component to see what if any >> I think we did establish sorry Jas I think we did establish that this is going to they're only going for 10 p.m. for the first six months. So we'll get

113
00:31:24.399 --> 00:31:51.840
that out there to everyone um that has been established. That's the request. >> Okay. Uh, next up we have Jake Tadaldi. >> Can you hear me now? >> Yep. >> Oh, hi. Um, my name is Robert, nicknamed Jake Tadaldi. I live at 304 Commonwealth

114
00:31:51.840 --> 00:32:08.000
Avenue. Um, I'm directly across the alley from the parking for 297. Um, I agree wholeheartedly with what Mark just said. Uh, I find that this whole applying with very um distinct uh

115
00:32:08.000 --> 00:32:25.279
restrictions to get their foot in the door and then being sort of a rag tag team of investors and owners that can't get their organizational aspects together enough to get this thing underway has been questionable at best.

116
00:32:25.279 --> 00:32:43.039
and now they want to change those rules before they've even put the wheels in motion. It just seems ridiculously disorganized and unfair to the residents who are a butters and adjacent homeowners. I you know, attorney Ross

117
00:32:43.039 --> 00:32:58.240
mentioned that the landscape the business landscape is different now. Sure, but there's been time for very nearly adjacent cannabis um retailers to to show their wares, so

118
00:32:58.240 --> 00:33:15.519
to speak. Uh in fact, Rooted In is literally 100 paces down the street from this new establishment. Uh they've been in existence for a while, and the whole area has changed as a result of that place and air. the the area smells of

119
00:33:15.519 --> 00:33:32.399
weed all the time. It's become a an issue for us. I've found on numerous occasions opened uh marijuana cigarettes. Uh you know, there are dogs and there are kids in the neighborhood. This is a a concern for us as residents.

120
00:33:32.399 --> 00:33:48.399
It's not only that we don't like the idea of another cannabis dispensary, but it's also dangerous to not only our pets, but our children. Um, we're not happy about it. And so, in the last meeting with Attorney Ross, um, I

121
00:33:48.399 --> 00:34:03.200
mentioned like, we have never really wanted this business to fly. Why should we be making concessions now to make their business more marketable when in fact we're not happy about it to begin with? So, I vote a strong no for all of

122
00:34:03.200 --> 00:34:27.119
their tenants of change. >> Okay. Thank you. Uh, Jasmine, that's everyone who signed up for this matter. >> Is there anyone else that would like to provide testimony on this matter? Seeing no more any additional comments from the board.

123
00:34:27.119 --> 00:34:42.639
All right. The board will take this matter under advisement. Thank you, Attorney. >> Um, uh, I'm sorry. May I respond to some of the comments or would you prefer I do not? >> Briefly, >> uh, just very briefly, uh, first of all, we have been in touch with, uh, uh,

124
00:34:42.639 --> 00:34:59.040
Samantha, um, Courage from the Mayor's Office of Neighborhood Services. Uh, I I don't know if we've been in touch with Siggy Johnson. So, I'm not sure if Siggy uh, Johnson was aware of the concession that was made. Um, and I don't know if I

125
00:34:59.040 --> 00:35:15.200
should have been in touch with him or if I should have been in touch with Samantha, but I'm not sure he was aware of that when he provided his testimony to you. So, I just um if I should have been in touch with SIG, I apologize to SIGY for not doing so. Uh, just on the comments, the the first comment was

126
00:35:15.200 --> 00:35:32.000
related to zoning. This is not a zoning hearing. And then with regard to the comment about rag tag group of investors, that is not why the reason why the facility didn't open wasn't because we have a rag tag group of investors. It it it has to do and we couldn't get our act

127
00:35:32.000 --> 00:35:48.240
together as was described. It had to do with [clears throat] you got a taste of it. Exactly what you just saw is what befeld this applicant when they went to the zoning board of appeal and were shot down and went through a lot to get back to this place. So, it was not because of

128
00:35:48.240 --> 00:36:04.720
any operational flaws in this team or trying to bait and switch or any of the accusations that were hurled at us. Um, I'll stop it there. Thank you. >> Attorney, any additional comments from the board? >> All right. Thank you, Attorney Ross. The

129
00:36:04.720 --> 00:36:22.720
board will take this matter under adisement. Great. We will move on to our next matter. The lency is Hauling Brands SB LLC doing business as Native Sun. The license premise is 115

130
00:36:22.720 --> 00:36:39.200
K Street, also known as 538 East First Street in South Boston. The license type is a marijuana retailer license. This is a non-equity applicant and they commenced operations in October of 2023. The request is for a change of ownership interest. The lency is proposing to

131
00:36:39.200 --> 00:36:57.599
remove Timothy Caribouard from Holland Brand SP LLC. As a part of this transaction, Jeff Caribouard, an existing equity holder and board member, will acquire Timothy's ownership and trust in the company and is expected to serve as entry CEO who is present on

132
00:36:57.599 --> 00:37:11.839
behalf of the lency. >> Uh good afternoon uh manager. This is Mike Ross again. U madam chair, members of the board, good afternoon. I'm joined today by Jeff Caribouad as well as Charlie Yon, a team member from the uh

133
00:37:11.839 --> 00:37:29.359
facility Holland Brands SB LLC. Um Jeff is a board member and current 50% holder of equity ownership. uh as mentioned in the material submitted to the board, we've submitted a change of ownership uh interest that will transfer the

134
00:37:29.359 --> 00:37:44.560
remaining 50% ownership from Tim Caribad to Jeff Carib making Jeff the 100% owner of the entity. Uh this is due to the same pending transaction which is currently at the CCC and in accordance

135
00:37:44.560 --> 00:37:59.839
with the Boston Cannabis rules needing to reflect any changes made at the CCC to reflect them at the local level. That is why we're here today and we've submitted the uh uh appropriate uh beneficial interest change forms to the

136
00:37:59.839 --> 00:38:18.160
board. Thank you. >> Thank you, Attorney Ross. Um Choice, do you have any questions? Thank you. I was just taking a quick look. I have no questions with this transaction. Uh change of beneficial interest. Um

137
00:38:18.160 --> 00:38:34.960
>> of ownership interest. No questions for me. Thank you, >> Commissioner Holmes. >> No questions at this time. Thank you, >> Commissioner Smith. >> Thank you, Jasmine. No questions. >> Commissioner Kinsley. I'm

138
00:38:34.960 --> 00:38:51.880
>> all set. Thanks, Jasmine. Commissioner Gandhi, >> no questions. Thank you. Jasmine, >> Commissioner Sto, >> no questions. Thank you. >> All right, we'll move to public testimony beginning with elected officials or their representatives.

139
00:38:52.960 --> 00:39:07.920
>> Thank you, Madam Chair, members of the board. My name is Ashley from Councelor Flynn's office. Councelor Flynn wrote today to relay years of concerns from neighbors that the proponent has not demonstrated the ability to be a good neighbor and displayed an overall lack of concern when it comes to quality of

140
00:39:07.920 --> 00:39:22.800
life issues. The city of Boston and the Boston cannabis board should be aware when licenses do not uphold commitments made during the community process. Unfortunately, Native Sun has failed to honor a number of the good faith agreement agreements, including

141
00:39:22.800 --> 00:39:39.839
preservation of the existing 25 plus mature shade tree barrier surrounding the property. The addition of new landscape buffers along East First Street and elsewhere on site, the installation of two landscape island buffers in the parking lot as required

142
00:39:39.839 --> 00:39:57.200
by zoning guidelines, the exclusive use of 4,000 square ft of free community space. Moreover, they did not require customers to sign a good neighbor agreement promising not to smoke cannabis, loiter, or litter in the surrounding parks, streets, and public

143
00:39:57.200 --> 00:40:13.280
and private properties. This lack of followthrough has resulted in ongoing quality of life impacts. Councelor Flynn believes there should be awareness by the board in accountability for licences that demonstrate a track record on their inability to be a good neighbor or honor

144
00:40:13.280 --> 00:40:29.920
promises made to the community during the public process. Thank you. >> Thank you. >> May I respond? >> Who's talking? Sorry, I can't. >> Uh, sorry. My name is Jeff and um [clears throat] I'd like to respond to

145
00:40:29.920 --> 00:40:47.599
uh I know councelor Flynn. I'd like to respond to um I'm sorry Ashley Ashley um first um the board members any board members uh know Kathy Laferty in South Boston she will tell you that we make

146
00:40:47.599 --> 00:41:04.000
great neighbors and that we have made all sorts of commitment to that community. The people across the street that have gotten to Councelor Flynn have lost two lawsuits. Um they've chased people down the street

147
00:41:04.000 --> 00:41:22.079
minority minority couple with >> Can we just keep this to the what we're discussing today? We don't >> there have been no police incidents, no issues. We've removed the blight. Um we have bought Eversource

148
00:41:22.079 --> 00:41:38.240
and um the we uh there are multiple Charlie tell uh multiple other things that we've done for the community. Look, the neighbors complained that there were traffic issues and lines are going to be outside

149
00:41:38.240 --> 00:41:53.200
and trash everywhere. If any of the commissioners had seen this uh project before we started, it was horrendous. and we've turned this into a productive taxpaying

150
00:41:53.200 --> 00:42:11.040
uh entity in the city of Boston without any issues. Um so I there's nothing that we can do to uh fight neighbors who are against cannabis. I understand that. But they've already lost twice in court.

151
00:42:11.040 --> 00:42:26.319
>> Sorry, Jeeoff, I'm going to mute you just because this is about an ownership interest change. This is not about daily operations. So any testimony that's going to be given needs to strictly speak to how the transfer of ownership interest changes anything. We're not here to discuss the operational. This

152
00:42:26.319 --> 00:42:41.920
already is approved. They are open. They're operating. So I just want to keep that in mind. >> All right. Thank you, Jasmine. And I'll just I'll just underscore this from my perspective. Any of the complaints the neighbors have, they always have 311 to call and complain. and it's not our role

153
00:42:41.920 --> 00:42:58.000
on the board to get involved in community benefits and money that they promises they made to the the neighbors. So, um I'll put that out there because I expect there'll be people here to call us out on that. >> All right, we'll move to public

154
00:42:58.000 --> 00:43:14.720
testimony. Um Luke, did anyone sign up to testify? >> Uh yes, we have Alice Stone. >> Hi. Um, I was just going to speak as a customer of Native Sun, but I understand what was just said that we're only

155
00:43:14.720 --> 00:43:32.280
supposed to be discussing transfer of ownership. So, um, I also know Commission Commissioner Flynn and I would expect him to know the parameter of the hearing as well. Um, so I'm not sure I really have relevant testimony that I could contribute.

156
00:43:33.680 --> 00:43:56.720
>> Um, that's everybody. investment. >> Would anyone else would anyone else like to provide testimony on this matter? No. See no one. Um Jeff, I see you have your hand raised. Do you have something additional? >> Yeah, I just want to say this is just a

157
00:43:56.720 --> 00:44:14.880
family transfer of stock and um and and that's that's really it. >> Yep. Any additional comments from the board? All right, seeing none, the board will take this matter under adisement. Thank you. >> Thank you. >> Thank you.

158
00:44:14.880 --> 00:44:30.920
>> All right, those are all the matters before the board today. The board's voting hearing will take place next Wednesday, August 12th at 1 p.m. Again, the record will be kept open until Monday, August 10th at 5:00 p.m. Thank you all for attending and enjoy the rest of your day.