Would-be South Boston cannabis-shop owners sue zoning board for rejecting 'perfect' location

A father/son team that proposed a marijuana shop in a former industrial building in an industrial zone at East 1st and K streets in South Boston has sued the Zoning Board of Appeal, alleging a "vocal minority" of South Boston residents used their political heft to turn the board against the project despite its approval by the Boston Cannabis Board and support from other South Boston residents.

Holland Brands, owned by Geoff Caraboolad and his son, Tim, filed suit last week in Suffolk Superior Court, asking judge to annul the board's decision and order it to approve their application so that they can then apply to the state Cannabis Control Commission for the final permit they would need to open at 538-550 East 1st St., also known as 115 K St.

In the suit, they allege that the "vocal minority" and its political allies are determined to keep South Boston free of marijuana, at least of the legal kind and that so far they have succeeded.

But in the suit, the company says you could not find a more "perfect" spot for a marijuana shop than theirs: A former construction-fastener plant in an industrial zone surrounded on two sides by electrical transformers, that would be as hidden away from any potentially offended neighbors as possible. And even with that industrial location, they said they would renovate the run down building and surround it with plantings to make it a more attractive site for the few people who might see it. A 37-space parking lot and a large indoor area would ensure cannabis patrons would be hidden from the greater surrounding neighborhood.

The company alleges they had support of far more people than the cranky, but louder, people who opposed it, whom they say have turned South Boston into the only Boston neighborhood without a single approved cannabis shop, but that the board prevented many of them from publicly supporting the proposal at a May 18 hearing.

The suit adds that the people who do live across the street had no reason to complain because they were already living across the street from an industrial zone. Also, marijuana shops are allowed as a "conditional" use not a forbidden one - the board can set restrictions on proposed shop, but aren't supposed to reject it outright.

The Boston Cannabis Board approved the proposal on March 17. The zoning board rejected it 6-1 on May 18. On July 13, it held a vote on whether to rehear the case after the company's zoning attorney, Mike Ross alleged the board violated the state Open Meeting Law by not having a roll call at the May 18 hearing as required for online meetings. The board voted 4-3 to allow a new hearing, which meant, however, that the motion failed because state law requires at least 5 votes on any matters before the board.

Complete Holland Brands complaint (1.2M PDF).

May 18 zoning hearing:

July 13 reconsideration hearing: