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Planning Board DecisionPlanning - Decision City of Northampton Hearing No.: PLN -2014-0041 Date: May 30, 2014 APPLICATION TYPE: SUBMISSION DATE: PB Intermediate Site Plan 4/22/2014 Applicant's Name: Owner's Name: NAME: NAME: NEW ENGLAND TREATMENT ACCESS GRETNA GREEN DEVELOPMENT CORP ADDRESS: ADDRESS: 45 ORCHARD RD 270 EXCHANGE ST TOWN: STATE: ZIP CODE. TOWN: STATE: ZIP CODE. SWAMPSCOTT MA 01907 CHICOPEE MA 01013 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: 617 838-2168 EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Surveyor's Name: STREET NO.: 118 CONZ ST SITE ZONING: GB(100)1 COMPANY NAME: TOWN: NORTHAMPTON MA 01060 ACTION TAKEN: Approved With Conditions ADDRESS: MAP: 39A BLOCK: 020 LOT. 001 MAP DATE: SECTION OF BYLAW: Chpt. 350- 11: Site Plan Approval TOWN: STATE: ZIP CODE. Book: 2012 Page: 1213 PHONE NO.: FAX NO.: NATURE OF PROPOSED WORK EMAIL ADDRESS: REGISTERED MARIJUANA DISPENSARY HARDSHIP: CONDITION OF APPROVAL: Prior to issuance of a building certificate of occupancy, the applicant shall as offered make a payment in lieu of traffic mitigation to the City of $57,680. FINDINGS: The Planning Board approved the site plan for the reuse of an existing building for two tenant spaces, including a 4,000+ sf medicinal marijuana dispensary based on the following plans and information submitted with the application: 1). Site Plan for New England Treatment Access by Bohler Engineering, sheets 1, 2 dated 4/14/2014. Sheet L1.1 (lighting spec) dated 4-16- 14. 2) New England Treatment Access floor plan and exterior, by Vision3 Architects, Sheet A 1. Dated 4/14/14. The Board granted approval for the use/layout upon finding that the following elements within the zoning had been met: A) The requested use protects adjoining premises against seriously detrimental uses. If applicable, this shall include provision for surface water drainage, sound and sight buffers and preservation of views, light, and air. The applicant will add an impervious fence to screen the dumpster and parking lot from abutting residential structures. Additional landscaping will be added to the front of the parcel to comply with 10 setback between the sidewalk and the parking area. B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets. No site changes to access are planned. The main entrance will be from a side street off of Conz/Pleasant. As offered by the applicant, off- site traffic mitigation will be addressed through payment -in -lieu of physical improvements in the amount of $57, 680. (3) Access by nonmotorized means is being accommodated with existing facilities such as bike racks, sidewalk connections from the building to the street. C. The site will function harmoniously in relation to other structures and open spaces to the natural landscape, existing buildings and other community assets in the area as it relates to landscaping, drainage, sight lines, building orientation, massing, egress, and setbacks. No major changes are planned for the site. D. The requested use will not overload, and will mitigate adverse impacts on, the City's resources, including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools. E. The applicant has met all special criteria for such use including (1) Building facades and property must be consistent with the character of the neighborhood, including such items as transparent storefront windows with a view into the interior of the building. Security measures must appear from outside of the building to be consistent with the character of the neighborhood. This does not create any restriction or compromise on security measures but does require that such measures be camouflaged to blend into the background. (2) Buildings must be ventilated with such filters or scrubbers to ensure that there are no odors from marijuana in any place where the public or clients are present and no public exposure to any pesticides, herbicides or other chemicals. (3) No medical marijuana dispensary and/or treatment center shall be located within 200 feet of any elementary school, middle school, or high school; there are no other buffer limitations. GeoTMS® 2014 Des Lauriers Municipal Solutions, Inc. Planning - Decision Hearing No.: PLN -2014-0041 City of Northampton Date: May 30, 2014 F. Compliance with the following technical performance standards: (1) Curb cuts onto streets shall be minimized and maintained as existing from side streets. (2) Pedestrian, bicycle and vehicular traffic movement on site must be separated, to the extent possible. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 5/1/2014 5/15/2014 votes to 6/5/2014 Debin Bruce REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 5/8/2014 6/26/2014 5/22/2014 6/5/2014 6/19/2014 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 5/8/2014 5/22/2014 5/22/2014 5/30/2014 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 5/15/2014 9:30 PM 8/20/2014 8/20/2014 MEMBERS PRESENT: VOTE: William Grinnell votes to Grant John Lutz votes to Grant Debin Bruce votes to Grant Ann DeWitt Brooks votes to Grant Mark Sullivan votes to Grant MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Debin Bruce William Grinnell 5 Approved with Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. 1, Carolyn Misch, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown above. I certify that a copy of this decision has been mailed to the Owner and Applicant. Notice of Appeal An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 17 as amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton. GeoTMS® 2014 Des Lauriers Municipal Solutions, Inc.