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Planning board approves reuse at 65 Washington Street but notes licensing setback waiver is outside its authority
Summary
The board approved the site plan for a mixed‑use reuse at 65 Washington Street—including an intended cannabis retail room—subject to standard bonding, blasting and licensing conditions, and formally acknowledged a waiver request from the city’s 750‑foot school separation standard as outside the planning board’s jurisdiction.
The Auburn Planning Board on April 8 approved a site plan for the reuse of an existing commercial building at 65 Washington Street North, subject to conditions, while formally noting that the applicant’s request for a waiver from the city’s 750‑foot separation requirement between marijuana establishments and preexisting schools lies outside the planning board’s authority.
Teradyne Consultants, LLC applied on behalf of Frank Perini for a multi‑use reuse of 65 Washington Street that will include storage, office space and an approximately 800‑square‑foot cannabis retail area. Planning staff reported that the proposed use meets applicable site plan and zoning standards but that the city’s licensing ordinance (chapter 14) imposes a 750‑foot separation between marijuana businesses and any preexisting public or private school serving grades K–12. Staff said the Planning Board cannot grant or deny waivers for that licensing standard and recommended the board either deny the site plan for failure to meet a separate city licensing requirement or approve the site plan with a condition requiring the applicant to obtain all required city and state permits before any retail cannabis operation begins.
Craig Stewart, representing the applicant, asked the board to approve the site plan with a condition so the applicant could pursue the licensing process and avenues of appeal available through the licensing ordinance; applicant Frank Perini said he proceeded with site selection and a lease after city staff told him the property was in the correct zone and there were no schools within the required distance.
Planning staff confirmed that a private special‑purpose school (Spurwink day treatment program) began operations at 15 Sacred Heart Place under new management in August 2024 and that the licensing ordinance measures separation from property line to property line. Because that licensing standard resides in chapter 14 (marijuana licensing) rather than the zoning ordinance, staff advised that the Planning Board should acknowledge the waiver request in the record but that waiver review and any appeals are handled through the licensing process and, if necessary, the courts.
The board approved the site plan by motion with these conditions: no development activity until any bonding or inspection fees are determined by the Auburn engineering department; a blasting permit, if blasting is required, from the city code office prior to any blasting; and that the applicant shall receive all proper city and state permits prior to the start of any cannabis retail operation. The motion, as recorded, carried unanimously.
