08/26/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Triple M Management Company, LLC 29 Echo Road (Map 19 Parcel 3-9) Mashpee, MA 02649 SP-2015-33 10. Marijuana, MIPs and associated products shall not be displayed or clearly visible to a person from the exterior of the Center/Dispensary. No more than one (1) sample of each product offered for sale may be displayed in secure, locked cases, which may be transparent, in the interior of the Center/Dispensary. 11. Parking requirements for a Center/Dispensary shall be those applicable to retail establishments for that portion of the floor designated for sales, and to manufacturing or other industrial buildings for floor area designated for storage or for cultivation of marijuana or preparation of MIPs. SPECIFIC SPECIAL PERMIT FINDINGS: The Board heard testimony and engaged in a detailed discussion relative to site drainage plan details,the interior configuration of the main dispensary building,anticipated traffic flow to and from the property, and security measures to be implemented by the facility operator. All site and building plans were deemed to be satisfactory and complete (subject to the Condition below). The subject property is not located within 500 feet of any school or recreational facility as described in §174-24.J.3. The proposed design does comply with ADA requirements; in fact, supplemental ADA compliant parking spaces have been provided in anticipation of the medical needs of prospective RMD patients. The issuance of Applicant's certificate of registration from the Massachusetts Department of Public Health was recently ordered by the Massachusetts Superior Court and is expected to issue imminently. The security measures for the proposed RMD facility are extensive: there will be a double fence around the dispensary, two security officers on site at all times of operation, a segregated/ detached security booth with a vehicle gate operated by a security officer, separate employee and patient parking areas, and adequate compartmentalization of the interior of the dispensary, all of which will assure secure control of medical products in a locked/ access-controlled area on site and the safety of employees and patients. All medical products will be brought to the site each morning and removed from the facility each evening,reducing the risk of overnight vandalism. All marijuana products on site during the day will not be visible from the exterior of the dispensary and will be securely contained in a segregated area inside the dispensary. The Applicant has engaged in meetings with the Board of Selectmen and Police Chief pursuant to which satisfactory emergency procedures have been arranged. Copies of all emergency plans and procedures shall be filed with the Mashpee Police and Fire Departments. Exterior signage, as modified for presentation at the August 26, 2015 Hearing, meets all State and Mashpee Zoning Bylaw requirements. The applicant requested, and was granted by the Board, approval to have 21, rather than the required 10, parking spaces on the property. Evidence was produced to support the need for such additional parking spaces based upon the need for additional ADA compliant spaces, the need to segregate employee parking from patient parking for security reasons and the need to accommodate additional on-site security staff. 5