HEATH — The limited liability company that plans to grow cannabis at 11 Bellor Road has complied with the building inspector’s orders to remove eight illegal storage containers on the property and has begun communicating with town officials.

The town signed an agreement in November 2021 allowing for a cannabis cultivation site to operate on a total of 54 acres, with 5 acres each being used by four companies — Alchemy Cannabis Inc., True Cannabis Inc., Vega Cannabis Inc. and Vybz Inc. These four entities formed 11 Bellor LLC to only need one host community agreement.

Following input from the state Cannabis Control Commission (CCC), only one company is now active on the property as opposed to the original four, according to a letter that Tom Beauchamp of True Cannabis wrote to the Franklin Regional Council of Governments (FRCOG).

A year and a half after the town signed the host community agreement for the cultivation site, True Cannabis has still not begun growing the product in Heath and came under the attention of the Selectboard in February. The board had received a complaint about the eight illegal storage containers that were placed on the land that have since been removed.

Back in February, Building Inspector James Hawkins issued the company a cease-and-desist order to remove the storage containers. According to town bylaws, storage containers require a special permit. The cease-and-desist order states the company submitted a permit application for the storage containers in September 2022 and was denied a month later.

“The containers were installed haphazardly, without a foundation or properly leveling them ... and are clearly temporary in nature,” Hawkins states in his letter.

Additionally, the containers had permanent wiring installed in them. The company received a cease-and-desist order from the electrical inspector about this issue.

Beauchamp wrote a letter to FRCOG outlining the timeline of the storage containers’ placement and stating that the company would remove them. One construction container remains on the property.

The letter continues by saying True Cannabis plans to apply for a building permit to construct a permanent barn on the property to replace the storage containers.

The letter also mentions the fence on the property, which Hawkins has said was constructed unlawfully. Although Beauchamp wrote that “the fence was installed per the original site plan approval,” Selectboard member Sue Lively said the fence installation was misplaced compared to the original plans. Town Coordinator Hilma Sumner previously explained the fence is in the right-of-way for the public road.

The Selectboard has also been concerned with 11 Bellor Road LLC not paying the town what it agreed to pay in its host community agreement — specifically, the legal fees involved with adopting the agreement. After numerous requests from the town over multiple years, the company had stopped responding.

Lively noted that 11 Bellor Road LCC now hopes to extend the host community agreement, which expires this year. She said the Selectboard will not agree to an extension until the company pays the legal fees owed to the town.

“The Selectboard will not be doing anything at this time on that,” she said. “There are some monies owed to the town that have to be rectified first.”

Lively said True Cannabis hopes to have all its permits in order and begin growing cannabis in 2024. During its original meeting with the Planning Board in February 2022, the company had expected to begin growing in November 2022.

Bella Levavi can be reached at 413-390-4579 or blevavi@recorder.com.

]]>