12/09/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 9, 2020 14 Wags Road: Petitioners, Aspen Blue, LLC request a Modification to a Special Permit (SP-04-26) under §174-25 (E) (16) and §174-24 (K) of the Zoning Bylaws to allow for a change of use and modifications of an existing building from a boat storage facility to a marijuana cultivation and manufacturing establishment on property located in an I-1, C-1, and R3 Zoning District(s), Map 81 Parcel 6, Mashpee, MA. (Owner of Record: Andrew Conway, Trustee of Dry Harbor Realty Trust). Mr. Bonvie stepped down from this hearing. Mr. Reiffarth will be sitting in on this hearing. Attorney Mark Boudreau is representing Aspen Blue LLC. Also present is Pat Casey, Frank Ziano, Don Huggins, and Kyle Baker. The project is to modify a 2004 Special Permit that allows indoor/outdoor boat storage. The proposal includes adding on approximately 2,435 sq. ft. to the existing building, and changing the use to a marijuana cultivation and manufacturing establishment. The Board should know that this entire project will not be open to the public. There will be at most 8 to 10 employees working, and only 3 to 4 employees in the building at one time. The last time the Board saw this property there was an issue with the easement that takes up about 40% of the property. There was an agreement between Eversource, and the property owner for the parking of boats in the storage facility. This project will not have any parking in the easement area. The bylaw requires 13 parking spaces, and 14 will be provided. Access to the property will be through a key farb for only employees and emergency personnel. Vehicular to and from the site will be very limited. The Design Review and Plan Review raised concerns regarding the odor that might emanate from such a facility. Attorney Boudreau submitted an 11-page mitigation plan, and Kyle Baker, the founder of the company can explain this type of process. There will be no activity outside of the building, no noise, no odor, and no signage will be visible. The construction activity will consist of two additions, and will be constructed over what is currently impervious surface, so there is no need to change the existing drainage plan that was approved by the ZBA back in 2005. There will be security 24 hours, 7 days a week. This particular use is heavily regulated by the Cannabis Control Commission (CCC). The applicants will be compliant with all their regulations, and the conditions set forth in the Design Review and Plan Review Committee reports as submitted. Mr. Furbush mentioned that the Stop and Shop gas station is now located at the former differently on the site plan, and might require updating. Mr. Furbush went through the entire presentation and has concerns with the comments submitted by Plan Review. He had questions regarding the comments from fire, security, and Board of Health regarding the odor mitigation plan. Mr. Furbush read the draft comments submitted at the Plan Review dated November 17, 2020. 12