08/26/2015 ZONING BOARD OF APPEALS Decision

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Town of Mashpee 16 Great-)V(, k Road A'oah ULF, Maslipee,Alassachwetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2015-34 Triple M Management Bk#: 13601 29 Echo Road Page#: 109 (Map 19 Parcel 3-9) Mashpee, MA 02649 A Petition was filed on July 30, 2015 by Triple M Management Company, LLC requesting a Variance under §174-31 for relief from the front setback requirement to construct an 8' x 8' detached security booth appurtenant to a Medical Marijuana Treatment Center/Dispensary on property located in an I-1 Zoning District, (Map 19 Parcel 3 Ext. 9), Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on August 7, 2015 and August 14, 2015 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, August 26, 2015 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ronald Bonvie, Richard Jodka, Dom DeBarros, and Associate Member Scott Goldstein. Also present was Town Counsel, Patrick J. Costello, and Building Commissioner, Michael Mendoza. Attorney, Mark Gildea, of Clark, Balboni & Gildea represented the applicant requesting a Variance as described above with respect to the applicant's plan to construct a Registered Marijuana Dispensary("RMD") at the property located at 29 Echo Road.Also present was Jonathan Herlihy, President of Triple M Management, Jim Vaccaro, Consultant, and Raul Lizardi-Rivera, P.E. of Holmes and McGrath, Inc. Mr. Gildea stated he met with the Board of Selectmen, the Design/Review Committee, and local police department and received favorable approval of the proposed project. The Commonwealth enacted a law allowing and regulating the cultivation, distribution, possession and use of marijuana for medical purposes and authorizing the establishment of Marijuana Treatment Centers/Registered Dispensaries in January 2013. The Town of Mashpee adopted a Zoning Bylaw (Section 174-24(J)) to regulate such uses in October 2013, which was approved by the Attorney General in December, 2014. 1