12/09/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION TO SPECIAL PERMIT (SP-04-26) Petitioners, Aspen Blue, LLC Owner of Record: Dry Harbor Realty Trust Andrew Conway, Trustee 14 Wags Road (Map 81 Parcel 6) Mashpee, MA 02649 SP-2020-56 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. At the November 17, 2020 Design Review and Plan Review Committees raised concerns regarding the odor that might emanate from such a facility. The Board of Health Agent provided specific conditions that were discussed at the Zoning Board meeting. As a result, the hearing was continued until February 24, 2021 to afford the applicants time to provide a plan that would satisfy the Board, and comply with the suggested conditions from the committees. The applicants submitted an extensive odor mitigation plan that was written by an industrial hygienist and was reviewed by the Board of Health Agent. The Board read the Town Planner's comments into the record dated February 17,2021,the Fire Chief s comments into the record dated February 23, 2021, the Board of Health comments into the record dated February 24, 2021, and the Chief of Police comments into the record dated February 17, 2021. There were no more comments from the Board or applicants. In view of the foregoing, the Board determined the Petitioner met the criteria for a Modification to a Special Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday, February 24, 2021, the Zoning Board of Appeals voted unanimously to issue a Modification to a Special Permit (SP-24-26) to Aspen Blue, LLC of 14 Wags Road. This modification is 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) with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Modification to Special Permit(SP-24-26) Mass General Law 40A Section 9. 2