HomeMy WebLinkAboutPLANNINGbrd_11302016Planning Board Minutes
November 30, 2016
Present: Tom French, Chair; Beth Ashman -Collins, Acting Clerk, Michael McClanahan, Ralph
Penney, Rich LeBlanc
Alternates Joe Cerretani and Sharon Friedman
Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative
Assistant
Motion: To appoint Ms. Ashman -Collins Acting Clerk
(McClanahan -LeBlanc) All in favor. PASSES
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I Minutes October 19, 2016
Mr. Penney said the only roadway length waiver the board has granted was on Baybrook
Farm.
Motion: To approve as amended
(McClanahan-Cerretani) Four in favor. French, LeBlanc abstained. PASSES
2. Public Hearing notices — Attleboro, Easton, North Attleboro, Norton, Plainville
3. The Beacon
Mr. Burke said one of the potential zoning issues the board has discussed is tandem parking. He
said he had a phone call this week from an owner in the business park who has a tenant in need
of more parking than the parcel has, and who is thinking of either off-site parking or valet
parking.
The clerk read the public hearing notice.
Mr. French explained how the public hearing would be conducted. He noted this application is
for a medical marijuana dispensing facility only, not for a recreational marijuana facility.
Attorney Edward Valanzola, introduced owners Marc Rosenfeld and Ellen Rosenfeld; Attorney
Valerio Romano; Dan Merriken, Merriken Engineering; Dan Dumais, MDM Associates.
Attorney Valanzola explained the applicant has entered into a host agreement with the town, and
has met with department heads and revised the plans accordingly. Mr. Rosenfeld said he has met
Planning Board 11/30/2016
again with the Police Department, and they have met with the ZBA twice for relief from
dimensional and landscaping requirements ,
Attorney Valanzola said the Fire Department had a concern about the existing light pole in the
driveway; he said that will be removed.
Attorney Valanzola said this application is for a medical marijuana dispensary only and
presented the security and operational plan. He said it will be a nondescript building; there can
be no signs on the building or the property suggesting what goes on in the building. He said
there will be a CommCan" sign, but no advertising.
Mr. Merrikin explained the site in the PBD, on a currently vacant lot surrounded by
commercial/industrial uses. The Zoning By -Law requires a 1,000 -foot setback from residential
uses or zones. Mr. Merrikin said the closest residential zone is 1,700 feet from this property line,
and the nearest residential use is 1,560 feet away. The by-law requires a 1,200 -foot setback from
schools or daycares; this site is 1,300 feet from Kindercare on West Street. He said this site
meets all setback requirements of the by-law.
Mr. Merrikin explained this site will be for dispensing only, and the applicant is in the process of
construction a cultivation facility in Medway.
Mr. Merrikin explained the site is currently wooded and has been previously disturbed. The
building will be 6,800 square feet, set back from the street 88 feet with parking at the front and
side. The main entrance driveway will be two-way in and out, and the existing utility pole will
be relocated. The site has been granted variances from the area, frontage and lot width
requirements; all other dimensional criteria are met.
Because this use is not in the Zoning By -Law, there is no specified number of parking spaces;
Mr. Merrikin said they are proposing 34.
Dan Dumais, MDM Transportation, explained they looked at a driver's ability to get in and out
of the site safely, at parking and at trip generation. He said speed along West Street is around 42
mph, requiring around 300 feet for sight distance. He said this driveway has 800 feet of sight
distance in each direction.
Mr. Dumais said they looked at the ITE trip generation rate and collected data from a similar size
facility with twice the employees, and arrived at approximately 25 vehicle trips/hour, consistent
with a medical office use. Maximum hours of operation would be 8 am — 8 pm, resulting in
around 250 vehicle trips/day.
Mr. Dumais said the closest use for trip generation and parking purposes is a medical/dental
office or clinic. With that type of use, a 6,800 square foot building would require 34 parking
spaces, but he said he estimates about 20 spaces would satisfy the requirements of this facility.
Mr. McClanahan asked if they looked at the existing Brockton facility to determine parking; Mr.
Dumais said they did not because Brockton is a co -located facility.
2 Planning Board 11/30/2016
Mr. Merrikin explained the landscaping plan was prepared by an RLS and meets the
requirements of the Zoning By -Law, except the reduced front landscaped buffer, for which they
have received a variance. He said there will be planting around building, at the front and in
between the sidewalk and building. Parking will be 10 feet off the building.
There will be six light poles and wall packs. The light poles will be 14 feet tall, with full cutoff,
no glare fixtures. There will be wall packs and security cameras all around the building. Mr.
McClanahan asked if the light would be stepped down at night and suggested a 50% lighting
reduction when the facility is closed. Mr. Merrikin said they could do that.
Mr. Merrikin explained the site is on water and sewer, and they have worked with Mr. Alves on
a revised design. The sewer will tie into a manhole at the front southeast corner of the site, with
water and gas lines at the front. The location of the electric service will depend on where the
poles are relocated. Mr. Alves has reviewed and approved the stormwater report. There will be
two catch basins collecting parking lot runoff, which will be connected to a pre-treatment unit
and to an underground infiltration system. The soil is sand and gravel with high permeability.
The roof runoff will be collected in the on-site system, which was designed for the 100 -year
storm. Mr. Merrikin said some of the landscape runoff will flow to an existing swale, then to a
culvert in West Street. Riprap will be added to the mouth of the existing swale.
Mr. Merrikin explained the architectural rendering of the 18 -foot tall building, which he said is
consistent with the architecture in the business park. He said it will look like an office building;
Department of Public Health will not allow advertising on site and there will be no signage other
than a standing sign in front with the company name.
Mr. Merrikin said DPH has regulations about how dispensaries are run and extensive security
requirements. There will be cameras inside and out, the building will be fully secured on the
exterior, and the interior non-public areas will be secured with locked doors. He said anyone
coming to the facility has to have a medical marijuana prescription card, will have to show
identification before they are allowed into the building, with the security officer inside the
building verifying the person has been approved by DPH. People will enter into a "man trap" in
the vestibule, have their identification checked again, then will be let in by the security guard.
Once inside, the front half of the building is the public area with a security officer, who has
access to all cameras and makes sure the entrances and exits are operating properly. He said
there will be seating areas, bathrooms and patient services where patients can talk about
treatment options at their initial visit.
Mr. Penney asked what the difference is between medical and recreational marijuana. Attorney
Romano explained different medical conditions benefit from marijuana with different properties.
Mr. Merrikin said a patient's first visit will be their longest, and at subsequent visits, they come
in, purchase their product, and leave. He said a typical visit would be around 15 minutes. He
said they expect 17-20 patients in the peak hour, or 7-8 cars.
Mr. Merrikin presented the security and operations plan. Mr. Rosenfeld said he has spoken with
the Police Department about security several times; the Police Department has asked for several
3 Planning Board 11/30/2016
changes, which Mr. Merrikin said they are doing. The Fire Department has asked for a fire
alarm, which Mr. Merrikin said is not required, but which they have agreed to do,
Mr. Merrikin said he understands people have concerns about this new type of use, but he said it
is really a medical facility. He said there will be no loitering and no crowds.
Mr. McClanahan asked about the queuing line. Mr. Rosenfeld said they want an open area in the
waiting area to make patient access easier; he said some patients use wheelchairs and have
caregivers with them. He said patients will also have the option of having the product brought to
them in that waiting area. He said they have talked to Sgt. Bain, who offered to schedule a
monthly meeting to discuss ongoing issues. He said the security officer will have view of inside
and outside the building, and will not allow patients to line up outside the building. Mr. Merrikin
said there will be a security officer in-house during business hours, and the facility will be video
monitored 24 hours a day.
Ms. Ashman -Collins asked about people who accompany patients; Attorney Romano said DPH
allows patients to bring family members or caregivers into the facility, so, no one will be waiting
in the parking lot. The security officer will catalog everyone who goes in and out of the facility,
and DPH conducts regular inspections of the property to ensure compliance. Mr. Rosenfeld said
the identification card will have to be presented at the front door, to the security officer, and at
purchase, and said that information would be available to local law enforcement. Mr.
McClanahan asked about HIPPA laws; Mr. Rosenfeld said the facility is not covered by HIPA.
Ms. Friedman asked about hours of operation; Mr. Merrikin said the maximum would be 8 am —
8 pm, 7 days a week, but will be driven by the market.
Ms. Friedman asked about staff and training. Mr. Rosenfeld said there will be a security agent,
counter staff and people preparing the orders; he said they anticipate 5-8 employees on site at
any time. He said CommCan has a licensed Massachusetts medical doctor on staff who will be
training staff. He said they also have a nurse/PhD ,from DanaFarber on their Board of Directors.
Mr. Merrikin said all staff have to be approved by MassDPH and have full background checks.
Attorney Romano said it is costly to train and register staff, so they want to keep them a long
time. He said they will have medical professionals to help with patient intake.
Ms. Friedman said pharmacies have safeguards around patient information that is controlled by
HIPPA regulations and asked why this type of use would not have the same requirements. Mr.
Rosenfeld said pharmacies have access to more complete medical records than do medical
marijuana facilities, and Mass DPH has determined they are not covered. He said they will not
be publicizing patient information, but do want to maintain transparency with the town as much
as possible.
Ms. Friedman asked how many dispensaries CommCan has; Mr. Rosenfeld said they have
provisional registrations from DPH to operate three dispensaries.
Mr. Cerretani asked about security at the back of the building; Mr. Merrikin said there will be a
vault where product and cash are stored, deliveries will be made at random with unmarked
4 Planning Board 11/30/2016
vehicles, and the back door will be secured. He said they will work with the Police Department
about how deliveries are brought in.
Mr. Cerretani asked about deliveries; Mr. Rosenfeld said they have talked to the Police
Department, which has asked to be notified about deliveries, to which they have agreed. The
facility will have to register its delivery times and routes with DPH, two people will have to be in
the vehicle at all times, and the product has to be in a locked steel box bolted to the inside frame
of the vehicle. Deliveries will be made by a nondescript vehicle making randomized deliveries,
with no signage and no armed guards. Mr. Rosenfeld said the routes, days, times of delivery
change frequently and there can be no stops along the way.
Mr. Penney asked about the process. Mr. Rosenfeld explained when a patient has a condition
their doctor thinks medical marijuana could help with, they visit a registered physician; if the
physician determines they are eligible, he or she allows the patient to register with DPH.
When the patient completes the registration process, they receive a card similar to a drivers'
license, which allows them to access a facility like this for one year. Patients still have to be
seen by their primary treating physician at least once during the year they are registered. The
doctors do not chose the course of treatment; the facility provides the resources necessary to help
patients chose the best method to treat their problem; ultimately it is the patient's choice what to
buy.. Mr. Rosenfeld the amount that can be purchased is capped at a certain amount over a
certain time period. The security guard and staff can verify each patients' cap and timeframe.
Attorney Romano said they hope doctors will educate themselves on medical marijuana so they
can help their patients chose a course of treatment.
Mr. Penney asked if the amount of smoked medical marijuana has gone down; Attorney Valereo
said that is true, with many other options like, tinctures and edibles.
Mr. Cerretani said this is only a medical marijuana facility, not a recreational marijuana facility,
and asked if the recent passage of recreational marijuana would negatively impact this business.
Attorney Romano said it would not, partly because medical marijuana is not taxed the way
recreational marijuana is, so it will be less expensive. Mr. Cerretani asked if they would plan to
make change over to recreational marijuana in the future; Attorney Romano said that is not a
bridge they are trying to cross. Mr. Merrikin said Com'mCan is a non-profit, so it could not sell
recreational marijuana,
Mr. LeBlanc said none of the applicant's other facilities has opened yet, Mr. Rosenfeld said they
are working on a facility in an existing building in Southboro, which will be their first to open.
They have talked with the Board of Selectmen in Millis. Ms. Rosenfeld said there are nine
existing facilities in the state, part of the first group permitted in 2012. CommCan's facilities are
part of the second phase. Mr. LeBlanc asked what other facilities are in the area; Mr. Rosenfeld
said there are facilities in Brockton and Newton.
Mr. LeBlanc asked how it would work with one security guard at the front, checking people in
and out, as well as monitoring the rest of the facility. Mr. Rosenfeld said if the guard is busy, the
people coming in will wait. Mr. Merrikin said there is a secure vestibule for people to wait to be
5 Planning Board 11/30/2016
admitted. The security guard will be able to see the front and side of the building and all
cameras,
Mr. McClanahan asked if people have to be buzzed out; Mr. Rosenfeld said they do not. Mr.
McClanahan asked about a second means of egress; Mr. Dumais said there are two emergency
doors.
Mr. LeBlanc asked if the security guard will be armed; Mr. Rosenfeld said he will not. He said
the business is moving away from cash transactions and there will be no more product on site
than needed for a day or two. He said all areas of the building will be on cameras, and their
alarm and monitoring company will be connected to the Police Department.
Mr. LeBlanc asked if there will be daily deliveries; Mr. Rosenfeld said they could be every day
or every other day. Mr. LeBlanc asked if there have been issues at any other facilities; Attorney
Valereo said there have been no police responses.
Mr. LeBlanc said he isn't sure he is comfortable with the proposed hours of 8 am — 8 pm; Mr.
Merrikin said they are hoping for some flexibility in hours for the patients. Mr. French said the
host agreement with the town spells out the uses and terms, but the Planning Board can issue
conditions in the special permit. Mr. Rosenfeld said the Southboro facility hours are Sam-8pm.
Mr. Burke said he is concerned about the proposed sign and suggested it should be designed to
be more similar to existing signage in the business park. He said if the idea is for this business to
blend in, it should have a similar monument sign. Mr. Rosenfeld said they would do that. Mr,
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Burke said he is pleased the building is nondescript. Mr. Rosenfeld said t was suggested they
design their building to fit in with the existing office buildings in the neighborhood.
Department Head Comments
The clerk read memos from the Police Department, Engineering, Fire and MMED. Mr. Merrikin
.said they have agreed to provide a knox box and fire alarms.
Public Comment
The clerk read letters from Terrence Conroy, Jr., Conroy Development; Gateway Furndale, Inc.;
and Crosspoint Associates in opposition to the proposal.
Mr. Valanzola said the above -referenced letters talk about how the dispensary may impact
property values in the business park, but he said there is no data that this type of facility impacts
property values. He said he understands this is a new use and people are concerned, but he said a
prospective tenant or customer of a business in the park will not know this facility is there,
Attorney Benjamin Tymann, representing Crosspoint, said they would appreciate the opportunity
to provide the board with information about the potential detriment to property values, which is
one of the issues the board has to consider in its special permit deliberations. He said they did
not know about this proposal until last week. He said they are opposed to the proposed use and
is concerned there has been no meaningful outreach to the neighbors on the part of the applicant.
Attorney Tymann said the regulations sound complicated and the applicant does not seem to
6 Planning Board , 11/30/2016
have much experience. He said he understands this is new so there are not many companies with
experience, but he said there seem to be a lot of opportunities for failure here. Attorney Tymann
said Kindercare is 1,300, feet from this facility; the by-law forbids a dispensary within 1,200 feet,
but this use beyond 1,200 feet still requires the board to take the school/daycare into
consideration.
Paul Conley, Crosspoint Associates, property manager of 603 West Street, said they will be
affected by what the abutters are doing, and this use will impact per square foot rents. He said he
is concerned about people being removed from this property and going to their building.
Joe Lynch, Conroy Development, 600 West Street, explained they are building a spec building, a
major investment they have been working on for years. He said they are competing with other
towns, and when tenants have a lot of options, decision making is sensitive. He said he is
concerned that potential tenants may have perception issues about the neighboring business.
Ms. Friedman asked what has happened to real estate around dispensaries in other communities.
Mr. Rosenfeld said Brookline has an operational dispensary and businesses in the area are
thriving; he said businesses around the country are thriving where these facilities are located.
Attorney Tymann asked how Mr. Rosenfeld knows there has been no effect on property values;
he said he would like the opportunity to provide the board with that information.
Mr. LeBlanc asked if other properties were considered. Mr. Rosenfeld said when he started
looking at Mansfield, he talked with Mr. Burke, got a copy of the Zoning By -Law and prepared a
plan to determine potential locations. He said because they are not a cultivation facility, he was
not looking for a large space. He said he believes this is the only parcel that met the
requirements of the Zoning By -Law. Mr. Merrikin said trying to find a place for a small use like
this was hard, and this property fit the bill. Mr. Rosenfeld said they have always been honest
about their intentions and have been meeting with the Board of Selectmen, Zoning Board and the
Town Manager and staff for over a year. Ms. Rosenfeld said the town this area for this use, so
for other owners to say the use will lower their values may have been something Town Meeting
should have thought of She said most towns allow this use in areas like business parks.
Attorney Valanzola said they were required to get the certified abutters list from the Assessor's
Office, which they did, and did the notice to abutters based on that. Attorney Tymann said the
notice was sent to the wrong address, so his company was not notified until last week.
Attorney Valanzola said he thinks his clients have done a tremendous job presenting the plan and
this issue has been under discussion in town for over a year. He said they have worked with the
Police Department, which he said is comfortable with the security issues. He 'said the industry is
new, so there will not be appraisal data on impacts to abutting properties. He said the Conroy
property has received several dimensional variances to fit their building at 600 West Street on an
odd -shaped lot.
Mr. Penney said he thinks people are nervous about this new use, and said the site would have a
relatively high trip count. Mr. Valanzola said he understands people being nervous about a new
use,
7 Planning Board 11/30/2016
Mr. Valanzola said one of the issues the Planning Board has to consider is the fact that the
benefits outweigh the detriments; he said he thinks the benefits of this project outweigh the
potential detriments. He said he thinks the proposal meets the other issues on the special permit
list.
Ms. Ashman -Collins asked about amenities like sidewalks, bike racks and dumpsters. Mr.
Merrikin said there is a trash enclosure. Ms. Rosenfeld said they would put in a bike rack.
Mr. French said the technical issues of the plan seem to have been addressed.
Ms. Friedman asked to make sure there are no invasive species in the landscaping plan. Mr.
Merrikin said he would check that.
Mr. French said the host community agreement spells out a lot of the town -related issues, Mr.
Penney said under that agreement, the town will be paid $100,000 or 3 % annually beginning in
the second year, which is a substantial amount. He said the town approved the medical
marijuana by-law in 2012 and allowed the use in the business park; the town set the bar very
high and this applicant has met it.
Ms. Ashman -Collins said the applicant has made a real effort to think through how people will
interact with the facility.
Mr. Burke said the application conforms to the by-law. He said the board spent a lot of time on
the by-law, he thinks Town Meeting understood why the board proposed it and it was approved
overwhelmingly. He said the allowed zone was reviewed with town counsel to make sure there
were some parcels where the use would be possible. The issue of dimunition of value was
discussed at the time; he said he doesn't think an appraisal would come back with a report saying
this use would poison the value of abutting uses. He said this lot was a single-family house lot in
existence before the business park existed, and he said he would rather see this use than a single-
family house. Mr. French said the site has dimensional relief from the Zoning Board of Appeals,
Mr. Penney said this use will be very closely regulated by the DPH.
Ms. Friedman said the host community agreement is contingent on a certificate of registration
from DPH. Attorney Romano said they have a provisional certificate of registration; to get the
final certificate, construction of the building has to be completed.
Mr. Penney asked if the growing facility that will supply this facility has to be in place before the
dispensary can open; Attorney Romano said it does.
Ms. Ashman -Collins said she thinks the proposed hours would be acceptable. Mr. LeBlanc
suggested different weekend hours.
Ms. Friedman said she thinks the proposal is well organized and well presented, and the host
community agreement has already been approved by the Board of Selectmen.
8 Planning Board 11/30/2016
Mr. French asked if the board wants to take a straw poll and vote to direct Mr. Burke to draft a
decision.
Mr. Valanzola asked if the public hearing would be closed; Mr. French said it would not be. Mr.
Valanzola said if the public hearing were closed, the board could still review a draft decision.
Mr. Penney said he would rather leave the public hearing open.
Motion: To direct Mr. Burke to draft a positive decision with conditions as discussed
(Penney -McClanahan) All in favor. PASSES
Motion: To find that 34 parking spaces are adequate for the proposed use because this use is not
specifically identified in Section 230-4.4 of the Zoning By -Law
(McClanahan -Penney) All in favor. PASSES
Motion: To continue the public hearing to December 14, 2016 at 7:15 p.m.
(McClanahan -Penney) All in favor. PASSES
The clerk read a request from the applicant's attorney requesting the public hearing be continued.
Motion: To continue the public hearing to December 14, 2016 at 7:45 p.m.
(McClanahan -Penney) All in favor. PASSES
Discussion will be rescheduled.
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Mr. French said the recreational marijuana use, if it comes up, will be a very different discussion
than the medical marijuana use discussion.
Mr. Penney suggested requiring renderings with special permits.
Mr. McClanahan said he has reapplied for his position on the board.
The board agreed Mr. French did a good job running the earlier public hearing.
Motion: To adjourn at 10:10 p.m. (McClanahan -)All in favor. PASSES
,tuber 14, 2016 at 7:00 p.m.
Date of Aproval
Planning Board
11/30/2016