South Berwick council denies retail storefront but approves registered‑caregiver cultivation for Nature’s Miracle LLC

Madam Chair opened a public hearing on licensing applications for Nature’s Miracle LLC at 161 Northbrook Road, telling residents the council was considering two separate approvals: a retail storefront and a medical‑cannabis registered‑caregiver cultivation license. Neighbors turned out in force to oppose both applications, citing unpermitted construction, late hours, repeated calls for police service, and the operation’s location in an R5 residential zone.

Steve Baze, who said he and his family live nearby, described efforts since 2017 to get the town to address the property’s expansion. "No licenses should be granted until the police chief, fire chief, and code enforcement officer have all made positive statements regarding the applicant’s ability to comply with town ordinances," he told the council, and urged immediate inspection of the property and a performance‑guarantee bond if a license were considered. Multiple other residents said the storefront opened in 2020 without planning‑board approval and would set a dangerous precedent for residential zoning.

The council reviewed town records and testimony from staff. Town staff and the code enforcement officer said documents that would typically show planning‑board approval, change‑of‑use permits, or a certificate of occupancy for a retail storefront were not found in the town files. The police chief summarized calls for service linked to the property and said alarm and other service calls were included in the record.

Attorney Seth Russell, representing the applicant Eric Burgendahl, told the council he understood the issue as previously resolved and said the applicant had worked with the town on compliance. "I believe that goes back to 2019, 2020," Russell said, and he disputed the suggestion that most calls reflected on‑site store activity, attributing some complaints to a "disgruntled neighbor." He also argued that medical retail attached to a cultivation site can be consistent with state and local practices for registered caregivers.

Councilors treated the retail and caregiver applications separately. On the retail‑store application the council recorded a vote against approval, the motion failing 0–4. The Chair then opened discussion on the registered‑caregiver cultivation license. Code enforcement clarified that cultivation by a registered caregiver is allowed under state law and the town’s ordinance and that the new licensing process required applicants to submit updated information; some checklist items were not present in the file but did not automatically preclude a cultivation license.

After deliberation the council approved the medical‑cannabis registered‑caregiver on‑site license for Nature’s Miracle LLC by a 3–1 vote. The council noted limitations on municipal authority under state statute—including that municipalities may regulate but not cap the number of registered caregivers—and emphasized that continuing oversight and inspections would be part of compliance.

The council did not adopt any new enforcement action at the meeting beyond the licensing votes; several residents had asked the council to task police, fire, and code enforcement with on‑site inspections to establish a baseline for future enforcement.

The council’s decision leaves the retail storefront unlicensed by the town; the cultivation license carries the council’s conditions and will be subject to the town’s monitoring and applicable performance standards.