10/16/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT MODIFICATION (SP-85-03-010) Petitioner, Robert V. Catania (Owner of Record: Kevin P. Andrade, Trustee of the Summerfield Park Realty Trust) 800 Falmouth Road, Unit 101C, Map 88 Parcel 2, Mashpee, MA 02649 SP-2019-49 Chairman Furbush asked Rob if he had information about the facility on Echo Road. Rob said he knows they are waiting approval for their State retail recreational license. He cannot sell his product to medical facilities, only retail recreational. Rob explained that a lot of the medical dispensaries use a start up vertical system. They actually can grow their own product, manufacture, and then retail it all within their same door and are approved for recreational. He knows there is only one facility in Wareham that is approved for recreational. There are four in P-Town that were approved by the Town, and are waiting their State approval. The State approval process takes 6 to 9 months. Mr. Furbush asked Rob if he is aware of any issues with the stores that are open now. Rob said he is not aware of any issues. He doesn't know when or how they process their paperwork with the State. He only knows what is on the public records with the CCC. Mr. Bonvie asked the applicants about the design of the machinery that will be used and if they were State approved. Greg said; there are some regulations to follow that are associated with the type of machinery but they will follow the manufacturer's specifications. Ron wasn't clear if the plans submitted had any significance to their Special Permit request. Greg said they are requesting approval for the use only. Chairman Furbush recited the Special Permit details as listed under the Zoning Bylaws. Mr. Bonvie asked Rob what an extraction machine does. Rob said that these are commercially produced machines sold all over the World for this purpose. The machine requires grade ethanol for the extracting process. He is working with the Fire Department and Building Inspector with all the details. Mr. Bonvie asked Rob if he was aware if these machines make any type of excessive noise. Rob said; no, it's a vacuum closed system that quietly pumps out material and filters the product. There is an exhaust system with a hood and filter that is regulated by the State to prevent smells. Mr. Furbush asked how it would affect neighbors. Greg said that the capacity is very small. Scott asked if the State will regularly inspect that system. Greg said; yes. Jonathan asked Rob how many employees, and if there is enough parking. Rob said he will have about 6-10 employees, and there's plenty of parking in front of the building. Scott asked what the hours of operation will be. Rob said that he doesn't have an exact schedule, but it will be operating Monday through Friday, and has no intention of running 24 hours. Ron asked Charlie if there are bylaws that dictate operation of business hours. Charlie said; there are no bylaws regarding operation of business hours, but the ZBA can make that one of the conditions of the Special Permit Modification. Ron asked Rob if he anticipates operating longer than 7:00 am to 5:00 pm, six days a week. Rob said that he does not. Mr. Gould asked if the extraction is steam related, and where does the waste go. Rob said; no; it's ethanol. Rob said that after the extraction is performed, the waste is taken outside and denatured with sand or dirt that is regulated by the CCC, and then stored and locked in a bin until a farmer takes it away for compost. 2