LYNN — The Lynn City Council approved a recreational pot shop on Boston Street after a lengthy public hearing on Tuesday night, but the decision could face a legal challenge from the neighboring town of Saugus.
The special permit for Massachusetts Green Retail, owned by Jordan Avery, would allow a marijuana retail shop at 829A Boston St. in the former O’Brien’s Pub.
The shop would share the same building as Bianchi’s, a beloved pizza parlor and longtime staple on Revere Beach.
“I am pleased and proud that the Lynn City Council granted me and my company (this) opportunity,” Avery said. “I look forward to justifying their confidence in me.”
The approval comes after heavy opposition throughout the process from Saugus residents and town officials. The wrinkle has been that part of the parking lot is in Saugus. Traffic and public safety has also been a major concern.
Arthur Kreiger, special town counsel for the town of Saugus, said at the meeting, not only is “roughly half” the parking lot in Saugus, but a corner of the building and about a third of the deck.
Saugus residents and town officials have asked the City Council to respect their Town Meeting vote to bar recreational marijuana.
A letter of opposition from Saugus Board of Selectmen chairwoman Debra Panetta was read at the hearing.
Kreiger said he couldn’t say whether the town of Saugus would file a lawsuit without talking to his client, but “certainly both the process and the vote that they took” would be ripe for an appeal.
“If Saugus appeals, it would be to overturn the special permit decision as arbitrary and capricious, thus violating Lynn’s own zone ordinance and property rights of Saugus,” he said.
But Sam Vitali, an attorney for Massachusetts Green Retail, said the City Council is charged with making a determination on the site, based on the effect the business would have on Lynn.
There’s no question that one portion of the land is in a Saugus residential zone, Vitali said, but the portion of the property his clients would occupy is owned by Lynn, which is in a commercial district.
James Lamanna, an attorney for the city of Lynn, said if there was a lawsuit filed by Saugus, it would be against the City Council and the applicant. It’s his opinion that the city would likely prevail in a special permit challenge, citing the proposed parking and the deference courts give to City Council special permit applications.
Before the vote, Ward 7 Councilor Jay Walsh said the location was the most ideal for a pot shop in his ward, because it’s not directly abutting residential properties.
Ward 2 Councilor Rick Starbard said the location is zoned for the business and the city wants retail pot shops to be successful. He argued that the town of Saugus didn’t consider potential impacts on Lynn when officials approved K Pub, a new restaurant serving burgers and sushi in the former Spud’s Restaurant.