Approved ZBA meeting Minutes

Approved

Wellfleet Zoning Board of Appeals

June 11, 2020, 7:00 pm

Remote Meeting

Attendees:  Sharon Inger, Manny Heyliger, Mick Lynch Reatha Ciotti, Trevor Pontbriand, Wil Sullivan, Andrew Freeman and Jan Morrissey

Chair Inger gave directions for participants to be involved in the zoom meeting such as speaking when called upon. 

20-01  Cape Cod Cannabis Wellfleet NV, LLC, 1446 State Highway, Route 6, Map 30,

Parcel 6, Application for a Special Permit under 5.2 and 5.3.2 for retail use in commercial district and WZB 6.3.13 for the approval of development of significant impact (cont’d).  Mick Lynch, Trevor Pontbriand and Andrew Freeman recused themselves for this hearing.  The Board consisted of Sharon Inger, Jan Morrissey, Manny Heyliger, Wil Sullivan and Reatha Ciotti. George Ryan, Matt Christiani, Attorney Jill Schafer, and Allan Kronfeld were available for comments from Cape Cod Cannabis.  Allan Kronfeld stated they responded to the comments and concerns of the ZBA from the March 12, 2020 meeting and provided several changes to the Board.  He briefly reviewed the security measures, type of business, education for children, window coverings, signage, and traffic.  He stated Cape Cod Cannabis Wellfleet NV, LLC has been approved by the Cannabis Commission in the State.  The location is within the Marijuana Commercial District[SI1] .  Traffic analysis was updated from when the General Store was located at this site and the data shows that during the summer season, Cape Cod Cannabis will be[SI2]  less traffic due to the appointment only retail sales. 

Chair Inger opened the discussion to the public:

Attorney David Reid spoke on behalf of abutters, the O’Connors.  He does not agree with the traffic report which was presented to the Board.  He stated the General Store has not been there for several years and the area is one of the biggest traffic concerns in town.  He stated it will make the current situation more detrimental regarding the traffic, not less.  He stated the net benefits explained by the applicants will provide money to the town but will be a wash to the budget and does nothing to benefit and improve the town.  He stated the educational opportunities, security, parking are not net benefits to the town.  He stated neighbors feel this is an inappropriate location due to the rail trail, the National Seashore and the school bus stop.  He stated the Board has to abide by the bylaws and enhance the uses and his client doesn’t believe this will add anything to the neighborhood.  He feels this is creating a problem and they are trying to mitigate the problems.  Allen Kronfeld responded, stating whatever business comes to the location will create additional traffic at this point in time.  They will manage customers by having appointments.  The location is within the approved district and the Rail Trial is not within the buffer zone requirements for retail sales.  He stated the money they are paying could be used to pay for the traffic issues and will improve the neighborhood by utilizing police and have a pedestrian crossing.  He stated studies show this does not increase crime and will decrease black market sales and help the community increase safety. 

Wil Sullivan questioned Attorney Reid what would be an appropriate business for the site and Attorney Reid stated he is responding to this use at this time.  Wil Sullivan questioned how the applicant arrived at the point of sales when it was the General Store and Kronfeld stated they relied on sales from records.  It was agreed the General Store was busy during the summer.  Manny Heyliger asked if they would have any kind of sound system (speakers outside) to notify people they could come in and Kronfeld stated no.  They are planning on having 15 people when they open and will be employing people year-round.  Kronfeld stated there would be 12 to 15 people during the winter months.  Jan Morrissey questioned how tall the pole lights would be and Matt Christiani stated they would be about 30’ high and will provide a safe environment and the current lights will be changed.  The ballard (?) light poles are located a couple of feet from the access road.  The walking paths will be well lit.  Jan Morrissey also questioned the planting plan and Attorney Carolyn Murray referred to the Felco Plan of 2013.  She couldn’t determine if they would be maintaining the existing non-conforming parking spaces.  Kronfeld responded there are 8 spaces with 3 additional spaces, and the other parking spaces are within the front of the store and should not influence the area.  The new parking spaces will remain at the same location (not encroaching into setbacks).  Jan Morrissey stated the apartment is not included in the 2nd floor area and Kronfeld replied that additional parking spaces were added for this square footage.  The apt. calculations require 2 parking areas, not square footage.  Jan Morrissey wants the Coca Cola sign to be removed.  Kronfeld stated the parking signs will have CCC to identify their store and are not intended to be an advertisement.  Attorney Carolyn Murray stated the signs should not have CCC on them based on the bylaw regarding signs.  Kronfeld agreed.    Chair Inger reiterated there will be a parking attendant.  The whale signs on the windows do not count as signage.  Jan Morrissey questioned the transportation management and George Ryan responded employees will be shuttled in and out, the area will identify how to walk to the site with pedestrian walkways, and they will monitor any shuttle buses.  Jan Morrissey questioned measuring traffic, what are the peak hours during the summer, and Ryan stated it is between 3pm and 5pm, and in the am, it is 8:00 to 10:00 am.  Morrissey questioned if they committed to 2 days for the p.m. peak hours and questioned if they would consider something different when there is a turn-over day on weekends.  Morrissey stated she spoke with the Police Chief who stated the department doesn’t always have enough officers.  Kronfeld stated they would reduce the appointments if necessary.  Chair Inger stated the Town voted on this location for a marijuana retail store.[SI3]   The Board thanked the applicant for their responses.   Carolyn Murray asked if there were any storm water improvements or if it needed to be addressed.  Matt Christiani stated there are storm water drains and there will be crushed stone in the back of the building.  There was further discussion regarding the parking spaces.      

Reatha Ciotti moved to close the public hearing; seconded by Jan Morrissey; passed 5-0.  Vote:

Manny Heyliger aye, Reatha Ciotti aye, Jan Morrissey aye, Will Sullivan aye, and Sharon Inger aye.

Wil Sullivan questioned Attorney Reid what would be an appropriate business for the site and Attorney Reid stated he is responding to this use only.  Wil Sullivan questioned how the applicant arrived at the point of sales when it was the General Store and Kronfeld stated they relied on sales from records.  It was agreed the General Store was busy during the summer.  Manny Heyliger asked if they would have any kind of sound system (speakers outside) to notify people they could come in and Kronfeld stated no.  They are planning on having 15 people when they open and will be employing people year-round.  Kronfeld stated there would be 12 to 15 people during the winter months.  Jan Morrissey questioned how tall the pole lights would be and Matt Christiani stated they would be about 30’ high and will provide a safe environment and the current lights will be changed.  The ballard (?) light poles are located a couple of feet from the access road.  The walking paths will be well lit.  Jan Morrissey also questioned the planting plan and Attorney Carolyn Murray referred to the Felco Plan of 2013.  She couldn’t determine if they would be maintaining the existing non-conforming parking spaces.  Kronfeld responded there are 8 spaces with 3 additional spaces, and the other parking spaces are within the front of the store and should not influence the area.  The new parking spaces will remain at the same location (not encroaching into setbacks).  Jan Morrissey stated the apartment is not included in the 2nd floor area and Kronfeld replied that additional parking spaces were added for this square footage.  The apt calculations require 2 parking areas, not square footage.  Jan Morrissey wants the Coca Cola sign be removed.  Kronfeld stated the parking signs will have CCC to identify their store and are not intended to be an advertisement.  Attorney Carolyn Murray stated the signs should not have CCC on them based on the bylaw regarding signs.  Kronfeld agreed.    Chair Inger reiterated there will be a parking attendant.  The whale signs on the windows do not count as signage.  Jan Morrissey questioned the transportation management and George Ryan responded employees will be shuttled in and out, the area will identify how to walk to the site with pedestrian walkways and they will monitor any shuttle buses.  Jan Morrissey questioned measuring traffic, what are the peak hours during the summer, and Ryan stated it is between 3pm and 5pm, and in the am, it is 8:00 to 10:00 am.  Morrissey questioned if they committed to 2 days for the pm peak hours and questioned if they would consider something different when there is a turn-over day on weekends.  Morrissey stated she spoke with the Police Chief who stated they don’t always have enough officers.  Kronfeld stated they would reduce the appointments if necessary.  Chair Inger stated the Town voted on this location for a marijuana retail.  The Board thanked the applicant for their responses.   Attorney Carolyn Murray asked if there were any storm water improvements or if it needed to be addressed.  Matt Christiani stated there are storm water drains in the front parking areas which are paved and there will be crushed stone in the back of the building.  There was further discussion regarding the parking spaces and the applicant will have a total of 48. [SI4] 

Reatha Ciotti moved to close the Public Hearing at 8:30 pm and go to Findings of Fact; seconded by Jan Morrissey:      

Manny Heyliger aye, Reatha Ciotti aye, Jan Morrissey aye, Will Sullivan aye, and Sharon Inger aye 5-0.

Attorney Carolyn Murray reviewed the Findings of Fact in general terms:

FINDINGS:

Retail Trade is a use allowed by special permit in the Commercial Zoning District pursuant to Section 8.4.2 of the Zoning Bylaw, and the property is located within the Medical Marijuana Overlay District, in which a Registered Marijuana Dispensary is also allowed by special permit pursuant to Section 9.3. The Board determined that an Adult Use Recreational Marijuana Retail establishment is similar to a Registered Marijuana Dispensary in terms of neighborhood impacts.

Applying the criteria for a Special Permit, pursuant to Section 8.4.2 of the By-laws, the Board found the benefits of the proposed use of the property as an Adult Use Marijuana Retail Establishment will outweigh any adverse effects on the Town, that this is a suitable use of the Property and activity within the zoning district, and that the building and site design will not impact scenic views, public access to the shoreline and will adequately shield parking and service areas from public streets, based on the following findings:

The site comprises approximately 48,370 square feet of land and 296 linear feet of frontage on Route 6 State Highway in the Commercial zoning district where 40,000 square feet of land and 200 feet of frontage are required. Retail Trade and a Registered Marijuana Dispensary are uses allowed by special permit in the Commercial District and Medical Marijuana Overlay District.  The Property where the Applicant proposes to locate is currently developed with commercial and retail uses.  The Applicant would be locating in the existing building formerly occupied by the South Wellfleet General Store and The Local Produce Patch with no expansion of the footprint of the building, and the Applicant will displace no existing uses on site.

The existing main commercial building presently located on the Property will be occupied by two commercial units: an existing retail establishment, the Beachcomber Store (occupying approximately 835 square feet) will  remain without alteration, and the Applicant who will occupy the remainder of the building at 3,917 SF of total floor area (first and second floors included but excluding a second floor apartment, which Applicant represented will not be used under the terms of their Lease with the property owner). The Applicant’s space was formerly occupied by two separate business tenants, the Local Produce Patch and the South Wellfleet General Store. The property also has two permanent shed structures occupied by a seasonal bike rental shop, Little Capistrano Bike Shop (occupying approximately 422 SF total), and four semi-permanent storage containers. Both the Bike Shop and storage containers will remain on site.

The property is pre-existing and non-conforming under current zoning as to minimum setbacks: the existing front yard setback is 18.3 feet, where 100 feet is required; the existing side yard setback is 3.25 feet where 35 feet is required; and the existing rear yard setback is 2 feet where 35 feet is required. There will be no change to the footprint of the building or alteration of these setbacks.

The property is conforming with regard to lot coverage with 10% lot coverage where 25% is allowed.

The Property is also nonconforming with regard to parking setback requirements.  Parking is required to be setback 35 feet from the Route 6 right of way and 10 feet from all other lot lines pursuant to §6.12.1 of the Zoning By-laws, which setback may be reduced to 20 feet provided at least 20% of the lot area is maintained with vegetative cover. According to the FELCO, Inc. plan dated 4/3/2013, there are 21 existing parking spaces on site, eight of which are within 10 feet of the property line. The proposed parking plan expands the number of spaces to 48, of which 22 are within 10 feet of property lines. Parking spaces BS-1, BS-2, BS-4, BS-5, C-HC-1, C-HC-2, C-10-1 through C -10-5 and C-30-5 through C-30-15 are located less than 10 feet from lot lines but will not further encroach into said lot lines.

The Applicant proposes establishing a marijuana retail store in 3,917 square feet of the former retail space.  Retail area will be on the first floor involving alteration and renovation of the store as well as minimal alteration of the front façade. The building has a limited second floor (340 square feet) that will be used for two offices.

The Applicant has represented that they will meet or exceed all security requirements for retail marijuana establishments pursuant to 935 CMR 500. A security plan was provided by as part of the application, which Applicant represented was approved by the Massachusetts Cannabis Control Commission.

The use of the space as a retail store is not changing, and is therefore a suitable use for the proposed location.

With the exception of the Wellfleet General Store and The Produce Patch, the remaining uses of the building and site will not be displaced by the Applicant.

The site plan shows 48 parking spaces where 46 are required. Two handicapped parking spaces are included in the 48 total parking spaces.

Retail sale of marijuana is not separately defined or regulated by the Wellfleet Zoning By-laws but Retail Trade is a use permitted in the Commercial Zoning District by special permit from the Board, and a Registered Marijuana Dispensary is also allowed by special permit from the Board in the Commercial Zoning District/Medical Marijuana Overlay District.

The proposal is projected to provide significant additional revenue to the Town of Wellfleet. The Board also finds that customers of the Applicant may contribute to the support surrounding businesses.

Existing roads are adequate for the proposed use. The property has existing public services that are adequate for the proposed use.

The scope of site work on the property will be minimal. Environmental conditions will be improved by the removal of invasive species. The main parking lot in the rear will be regraded and improved with crushed stone to contribute to storm water management and erosion control.  Applicant represented that the site is also improved with existing catch basins. 

There will be a seasonal increase in traffic due to numerous factors during the summer tourist season but the Applicant has proposed to conduct business on an appointment-only basis to mitigate the increase. Based on the Supplemental Traffic Report provided, the Applicant’s proposed use will actually result in a decrease in seasonal peak traffic over the former South Wellfleet General Store.  The Board further found that any proposed retail use would likely generate as much seasonal traffic as the General Store and more traffic than the Applicant, as other retail uses would likely not operate by appointment only.

The proposal will create needed year-round employment.  Applicant proposes to have as many as 24 employees for the summer season and 15 employees during the off-season.  The Applicant proposes to employ Wellfleet residents when practical.

There will be no impact on any scenic views from the proposal.

The proposal will not affect public access to or along the shoreline.

Currently, there are no recreational marijuana retailers in operation in Wellfleet, and the Board finds this proposed use will add to the diversity of services in Town.

The Applicant satisfies the 500 foot buffer from any public or private school as required by 935 CMR 500.110(3).

There were letters or appearances in objection to the application as well as letters or appearances in support of the application, all of which are contained in the Board’s file and reflected in the minutes of the hearings.

The Board found that the additional parking spaces encroach into the 10-foot setback from lot lines to the same extent as the existing parking spaces on site, and therefore, the proposed parking will not be substantially more detrimental to the neighborhood than the current parking.  

In connection with the approval of a Development of Significant Impact, pursuant to Section 6.3.13 of the Bylaws, the Board found as follows:

Pursuant to Section 6.3.1 of the Bylaws, the proposed use, as a retail business, requires two spaces for each establishment or one space for each 150 square feet of floor area, whichever is larger, plus one space for each three employees or nearest multiple thereof.

The proposed use will occupy 3,917 square feet, as per plans filed with the Board, and thus requires 26 spaces for the retail establishment.

The proposed use will employ 24 employees, and thus requires eight spaces for employees.

The total number of spaces required for Applicant’s use is 34. The Applicant proposes to designate five of its spaces as 10-minute parking and 20 of its spaces as 30-minute parking, to be monitored by an employee.

The Beachcomber Store occupies 835 SF and requires six customer parking spaces and two employee parking spaces.

Little Capistrano Bike Shop occupies 422 SF and requires three customer parking spaces and 1employee parking space.

The Planning Board provided a favorable recommendation to the Zoning Board of Appeals.

The Applicant provides parking for 48 vehicles, including two handicapped parking spaces for its proposed use.  Overall, total parking spaces on the site, 48, will comply with the parking requirements established by the By-laws.

Do we feel this business is appropriate with this site?  Jan Morrisey aye, Manny Heyliger aye, Reatha Ciotti aye, Wil Sullivan aye, and Sharon Inger aye. 

Activity type, intensity, contributes to the diversity, service to local, year-round employment, etc.

Wil Sullivan aye, Manny Heyliger aye, Jan Morrissey aye, Reatha Ciotti aye, and Sharon Inger aye.  5-0.

Building and Site Design, scenic views, etc.

Wil Sullivan aye, Manny Heyliger aye, Jan Morrissey aye, Reatha Ciotti aye, and Sharon Inger aye.  5-0.

Benefits to the Town outweigh etc.

Wil Sullivan aye, Manny Heyliger aye, Jan Morrissey aye, Reatha Ciotti aye, and Sharon Inger aye.  5-0.

Sharon Inger noted for Findings of Fact that the Planning Board did recommend the project for our March 12 meeting. 

Jan Morrissey moved the Findings of Fact seconded by Wil Sullivan; passed 5-0.  Vote: Wil Sullivan aye, Jan Morrissey aye, Reatha Ciotti , aye, Manny Heyliger aye, and Sharon Inger aye.  5-0.

Conditions for CCC Wellfleet NV LLC;   

Adult use shall be permitted 10:00 and 8:00 pm Monday through Saturday and 12:00 to 8:00 on Sunday.

Limited to the operation of a facility as an adult use marijuana retail establishment for the sale of adult recreational marijuana and marijuana products directly to adult consumers.    

May not operate and will not take effect until all final licenses are approved from the Cannabis Control Commission

Prior to commencing operations, applicant will provide the Building Inspector, Health Agent, Fire and Police Chiefs and the Board with a copy of the applicable Final License from the CCC.

Shall provide an annual report of its operations to the Board and other Town officials no later than January 31 of each year etc.   

Permit is not transferrable or assignable to another party or entity and shall remain exclusively with the Applicant for the operation of the facility etc.  Any change in ownership or staff shall be reported to the board within 30 days of change

Smoking, burning, and consumption of marijuana or infused product on the premises for personal or consumer use is prohibited.

Shall notify the Building Inspector, the Health Agent, the Fire Chief the Police Chief and the Board in writing within forty-eight hours of the cessation of operation or expiration or termination of the license holder’s Final License CCC.

Special Permit shall lapse upon the expiration or termination of the Applicant’s license by the Cannabis Control Commission.

There shall be a Valid Host Community Agreement.

Prior to commencing operations, the Applicant shall submit proof that the Security Plan and Emergency Procedures have been reviewed and approved ty the Police chief and Fire chief.  If any changes, it is to be reported within 14 days of such changes taking effect.

Applicant shall provide to the Building Inspector, Fire chief and Chief of the Police the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue.

  Applicant shall operate on an appointment-only basis, and Applicant shall employ a parking attendant, on duty during all business hours to assist with parking and site circulation.

Following the first six months of operation which shall be extended to include the first full summer season, if not occurring within the first six months of operation, the Applicant shall conduct a post-occupancy traffic study and report back to the Board on this study at a public hearing. 

Following issuance of Certificate of Occupancy and all time thereafter when the Applicant is commercially operational, Applicant shall maintain an operational video monitoring of the rear exterior of the building.  During peak season, Applicant shall designate an employee to physically monitor the rear exterior of the building throughout normal business hours.

For the first six months of operation and between Memorial Day and Labor Day thereafter, Applicant shall coordinate with Wellfleet Police Dept. and hire police details, as the Chief of Police or his designee may require, to ensure safe access and egress from the site.

Applicant shall provide shuttle service to transport its employees to and from the site

Applicant shall not erect any signage on the property with the exception of signage to designate handicapped parking space, employee parking space, 10-minute express pick-up parking space and 30-minute parking spaces, which signs shall be 8 inches x 12 inches in size and shall be installed consistent with the materials provided to the ZBA.  All roof mounted signs for the South Wellfleet General Store and the Local Produce Patch to the extent the applicant has authority to do so.  Nothing in this condition shall prohibit Applicant from installing window films or artwork on its windows or door for identification purposes.  In no event shall the words marijuana or cannabis or similar language that would identify the type of facility or nature of busines carried on therein.

Applicant’s windows shall be tinted or covered with a special film so that products shall not be visible from the outside.

Applicant shall comply with the regulations promulgated by the MA Cannabis Control Commission, including but not limited to, security, restricting access to individuals 21 years or older, require valid identification to enter the premises, and proper disposal of waste and marijuana products.

Within 6 months of commencing operations, Applicant agrees to fund, in whole or in part, a feasibility study for traffic and safety improvements within the Route 6 right of way in an amount as determined by the Select Board.  A copy of the feasibility study shall be provided to the ZBA, who shall hold a public hearing on same and determine whether additional traffic or safety measures should be implemented at this Property and incorporated into this Decision.

Light shall be installed on the property in accordance with Applicant’s Lighting Plan dated a5/28/20.

Applicant shall install ADA-compliant wheelchair ramps at all pedestrian crossings internal to and service the project site.

On an annual basis or more frequently if conditions so require to maintain proper sight lines and to satisfy surveillance requirement of the Cannabis Control Commission, Applicant shall remove invasive grasses and seedlings in the proposed parking locations and on the north side of the Property.  Applicant shall also trim landscaping to improve vehicular line sight at exists and entrances to Property.

Applicant shall plant new native tree species in accordance with the Landscaping Plan dated 5/28/20.  The existing perimeter vegetation will not be removed or modified.  This shall be maintained to form a natural vegetative buffer and shield the parking from adjacent streets and properties.  Applicant shall replace and replant any trees that do not thrive or survive two full planting seasons.

Applicant shall monitor the Property at regular intervals on a daily basis to discourage and prevent trespassing. Loitering or consumption of marijuana on premises.

Wil Sullivan asked why there is a condition regarding ownership, stock holders, etc.  Attorney Murray stated this is only for marijuana stores and is treated differently to known entities capable of performing this business.  This also falls to the State, and the Select Board want to know who runs the operation,

Manny Heyliger moved to grant the Special Permit based on the Findings of Facts; seconded by Wil Sullivan:  Vote:  Manny Heyliger aye, Wil Sullivan aye, Jan Morrissey aye, Reatha Ciotti aye, and Sharon Inger aye.  Vote:  5-0.

Motion for Sharon to sign Decision – 5-0. (put in names)

Chair Inger announced the three members who had recused themselves would be joining the rest of the Public Hearings.  The meeting will reconvene at 8:50 pm.

8:50 pm

20-06  Timothy and Kathleen Stevens,  89 Dow Drive, Map 23, Parcel 166.7, Application for a Special Permit under WZB 5.4.2 to construct a detached garage within the required front set back.  The Board consisted of Wil Sullivan, Mick Lynch, Trevor Pontbriand, Manny Heyliger and Sharon Inger.  Chair Inger stated she has had correspondence with the applicant.  Chris Childs, builder, stated a revised site plan was never submitted.  The Board asked why they wanted to construct a detached garage within the required set back and questioned why not build it closer to the house as a right.  Mr. Stevens stated they wanted more sunlight to come into the house and there is an existing driveway which would be utilized for the proposed garage.  He stated there is not much room on the property due to septic and wells.  He stated the property shape is on cul- de-sac.  He stated stakes were in place. 

There were no public comments.

After discussing the project, the Board was in agreement that the by-laws do not provide for creating a non-conformity where there is none now.  They can build as a right within the setbacks.  Mr. Stevens stated he didn’t feel five (5) feet was too much to ask for.  He stated the area over the garage is not for an apartment.  Sharon Inger reiterated the ZBA does not create non-conformities.   Mr. Stevens requested a withdrawal without prejudice.  Trevor Pontbriand moved to accept the withdrawal without prejudice request; seconded by Manny Heyliger.  Vote: Manny Heyliger aye, Trevor Pontbriand aye, Mick Lynch aye, Wil Sullivan aye, and Sharon Inger aye.  5-0.    

9:08 pm

20-07  Starboard Tack Holdings, Inc., (Myya Beck-Baum and Thor Baum) 20 Briar Lane, Map 14, Parcel 19, Application for a Special Permit pursuant to M.G.L. c. 40A, s. 6 and WZB 5.3.2, 6.1 and 8.42 to alter a pre-existing, non-conforming property in the Commercial zoning district by demolishing the existing two story residential use building and constructing a two story mixed use building with commercial uses on the basement and first floor levels, and two residential apartments on the second floor.  Manny recused himself as well as Mick.  The Board consisted of Wil Sullivan, Trevor Pontbriand, Reatha Ciotti, Jan Morrissey and Sharon Inger

Attorney Ben Zehnder represented the application.  He gave an overview of the project, stating the owner has a personal exercise business.  This project has gone before the Historical Commission.  He stated he believes this plan is not accurate based on 2 apartments as well as the non-residential zoning.  There are issues with the parking spaces on the plan and requires 18 spaces (which is required by the zoning code).  Sharon Inger stated the plan shows 18 spaces.  If this goes to the Planning Board for a Development of Significant Impact, he requested the Board wave the fiscal impact on the traffic impact.  This project is under an 18-month delay for demolition.  Thor and Myya asked questioned why it has to go to the Planning Board and Ms. Inger stated they have to[SI5] .  Wil Sullivan stated there is a garage, a shed and a cottage.  There will be 3-year-round rentals on the property.  Myya stated there is a maximum of 8 clients at any given time and up to 14 during the peak season.  This is not a walk-in service and there is a schedule for clients.  Wil Sullivan asked Attorney Zehnder to provide a better parking plan identifying those for clients and those for tenants.  Myya stated they were trying to keep Ryder Court as residential parking and the parking for clients would be on Briar Lane.  Attorney  Zehnder requested a continuation to July 9.  Wil stated the plans for the proposed dwelling are “preliminary” and would like to have plans that identify what will be built.  If the plans change in the future, they have to come back to the ZBA.  Trevor Pontbriand moved to continue to July 9; seconded by Janet Morrissey.  Vote:  Trevor Pontbriand aye, Janet Morrissey aye, Wil Sullivan aye, Reatha Ciotti aye, and Sharon Inger aye.  5-0     

Chair Inger requested the Board remember Bruce Drucker and his contribution to the Board.

8:35 pm

19-23  Amendment – Nature’s Alternative, Inc., 2393 State Highway, Map 23, Parcel 211:  amendment for operation of a retail cannabis store pursuant to Special Permit Condition 6 to approve transfer of stock ownership of the applicant.  The Board consisted of Sharon Inger, Mick Lynch, Trevor Pontbriand, Wil Sullivan and Manny Heyliger.  Attorney Ben Zehnder represented the Applicant and Pat Casey, Nick Salvadore and Matt Wilkes participated in the meeting.  Attorney Zehnder referred to Part 6 of the Conditions in the original Decision dated September 25, 2019.  He stated he provided the updated list of ownership which the Select Board approved.  Now the stock is primarily owned by Aspen Blue LLC.   He stated the Board should not undertake issues regarding ownership, the Cannabis Commission reviews the process and ownership frequently change.  Aspen Blue LLC are somewhat connected to grow operations, and wholesale operations.  Sharon Inger read a letter from an abutter who supported the amendment and a letter from John Bradley of Prince Lobel disputing any statement made to the ZBA alleging the right of NAI Acquisition to transfer the stock.  Attorney Carolyn Murray stated this   is a private party issue and the ZBA cannot get involved.  The ZBA will not be privy to this information.  The Cannabis Control Commission will be looking into this if there are issues.  We could approve this amendment subject to the MA Cannabis Control Commission approval. Wil

Sullivan moved to grant the Amendment to Special Permit 19-23 with the condition the Massachusetts Cannabis Control Commission approves the transfer of stock; seconded by Manny Heyliger.  Vote:  Wil Sullivan aye, Manny Heyliger aye, Trevor Pontbriand aye, Mick Lynch aye and Sharon Inger aye.  Passed 5-0.  Attorney Carolyn Murray stated this does not require Findings of Fact. 

Meeting Minutes

Jan Morrissey moved to approve the amended 3/12/20 meeting minutes; seconded by Reatha Ciotti.  Vote:  Jan Morrissey aye, Reatha Ciotti aye, Manny Heyliger aye, Mick Lynch aye, Trevor Pontbriand aye, Wil Sullivan aye, Andy Freeman aye and Sharon Inger aye.  8-0

Business 

Sharon Inger announced Mick Lynch will be vice-chair.  Wil Sullivan moved to approve Mick Lynch’s appointment as Vice Chair; seconded by Trevor Pontbriand.  Will Sullivan aye, Manny Heyliger aye, Reatha Ciotti aye, Jan Morrissey aye, Trevor Pontbriand, Andy Freeman aye and Sharon Inger aye.  7-0.

Wil Sullivan moved to adjourn at 9:35 pm; seconded by Trevor Pontbriand.  Vote:  Will Sullivan aye, Trevor Pontbriand aye, Mick Lynch aye, Manny Heyliger aye, Reatha Ciotti aye, Jan Morrissey aye, Andy Freeman aye and Sharon Inger aye.  8-0

Respectfully submitted,

Christine Bates, Committee Secretary

Documents Provided:

Cape Cod Cannabis: Traffic Impact Study, Security Plan, Revised site and floor plans, planting plan, lighting plan Fact sheet on Societal Impacts

Stevens:  ZBA application and back up materials

Starboard Tack Holdings:  ZBA application, Site Plan and Design Plans for DwellingNature’s Alternative:  Addendum A of Corporate and Operational Structure since organization on 11/3/17 with previous approved Special Permit