07/24/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DULY 24,2019 The project is regulated by several bodies;there's a State regulatory authority that regulates the use and license, and will comply with the local Board of Health regulations. There is a host agreement that has been entered into with the Board of Selectmen, and the operators of the proposed adult marijuana use facility. All of these regulatory schemes are intended to minimize impacts, and result in the development that will not adversely impact health or safety concerns, and is within the Board's discretion to issue a Special Permit for the modification to the existing permit that was issued in 2015.This project was also approved by the Design Review and Plan Review committees. The State regulations require low lining shrubbery for security purposes to avoid any threating incidents. The proposed lighting schematic of the property was also submitted to the Board and was also approved by the other committees as well. Chairman Furbush asked if the project required any variances. Attorney Kirrane said; no. The Chairman asked Jun Vaccaro if there are currently any parking issues, and if he would be expecting any future parking issues. Jim said he has no parking issues, and does not expect any future parking issues.The Chairman asked Jim if the patrons are by appointment only. Jim answered that when the operation first started, it was by appointment only, but once the scheduling is determined there is no need for appointments. The adult store will be by appointment only in the beginning. Ron Bonvie asked if that will phase out as there are more patrons. Jim said he is not sure and depends on the amount of the traffic flow. Ron asked if the lights to be installed were determined by anticipating a heavy traffic flow. Jim said they will be doing a traffic study, and they are prepared to install a traffic light, but will be determined how to proceed after the traffic study. Jim said he is working with the DPW for the traffic study, and what type of light and sequence is best. Ron said he wanted to determine the correct wording to be included in the motion possibly stating"in perpetuity,"however,in the future there may not be patrons accepted by appointment only. at the facility. Jim said that he needs to start the process for the traffic study so to know the options, and it's based on projections.Ron said that there's enough open facilities to give a baseline understanding what the traffic may be. Jim,said not in Massachusetts because most of the baseline traffic is coming from other States. Jim said he is projecting 400 cars per day. Ron asked Attorney Kirrane if the application would require a Special Permit rather than a modification.Attorney Kirrane said;a modification because the Bylaw Section J references that if one were to seek a modification of a permit,they would go back to the same Board for that modification. Ron asked if the host agreement goes with the property of record at the registry.Attorney Kirrane said it is an agreement that is entered into between the Town with the Board of Selectmen and the operator for a period of five years. Most towns enter into a host agreement, otherwise the State will not grant a license to operate. Ron thought that the host agreement could be part of the Special Permit and the two tied together. 3