03/08/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 8, 2023 Mr. Lehrer gave an example of that the Triple-M facility requirement is 16 spaces and they provide 26 on-site. There facility is comparable in square footage to the CatDogg proposal as what he is proposing. In 2015, the Planning Board issued a Decision to allow certain retail uses on the site. There are certain uses that are governed by the zoning bylaw that require a Planning Board Special Permit,but for marijuana and retail establishments the Zoning Board is the Special Permit granting authority. The 2015 Decision contemplated the increase or the added intensity for certain uses, and in that Decision it identified the breakdown of the available parking on the site in consideration of all the uses that are currently there. There are 167 parking spaces for the entire complex, and under the bylaw, 19 parking spaces are required. There is one space for every 150 sq. ft. of floor area for retail and he will confirm the amount of spaces for manufacturing. He listed the specific businesses of the entire complex. Building A is currently vacant and is being brought up to code with a sprinkler system. The 2015, Planning Board Decision noted that there are 60 available spaces for retail uses and currently that capacity is not being utilized at Surnmerfield Park. Building A is the closest to Rte. 28 on the northern side of the parcel. There are 26 spaces at the front door of the proposed unit, and in the rear there are 15 spaces. The building is 12,000 square feet of commercial space. There will only be one point of entry and egress for customer flow. The CCC requires secured entry and customers are required to provide their age and identification information. There is currently 9,000 sq. ft. of space being occupied for manufacturing and retail. Building A will require 30 spaces, but the proposed business will only require 19. Forty nine (49) spaces would be required for the entire building, including the proposed business. The entire back row along the back side of the building totals 15 spaces and covers every tenant on the upper floor. The 2015 Planning Board Decision required 152 spaces, but the plan provides 167 for the denoted uses on the plan. Mr. Morris agreed that there is plenty of parking spaces. Mr. Catania said that Counsel pointed out that the average visit time and/or online ordering is 15 minutes for most people. The proposed business will be the second store in Town other than Triple- M. Customers that walk into the store will have to show their identification before entering the premises. There is no consumption allowed on the premises. The State gives the Town broad discretion to entertain what license types they want to allow within the municipality. Mashpee restricts licensing at 20% of the available package/liquor store licenses. Mr. Caggiano asked if there is a distance requirement for how many establishments are allowed in Town. Mr. Lehrer said that the distance requirement for 500 ft. from any public school. There are no public schools within the proposed business. The regulations are based on the amount of liquor stores. 15