HomeMy WebLinkAboutSR-2024-050 McNamara Holistic Health 120 Airport Rd HY SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2024-050 – McNamara/Holistic Health Group
240-30 Medical Marijuana Overlay District
To allow the operation of a medical Marijuana Treatment Center
Date: January 9, 2025 **REVISED JANUARY 21, 2025**
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Tim McNamara
Property Owner: TL Acquisitions LLC
Property Location: 120 Airport Road, Hyannis, MA
Assessor's Map/Parcel: 317/059
Zoning: Industrial (IND) Zoning District
Filed: December 12, 2024 Hearing: January 22, 2025 Decision Due: March 23, 2025
Copy of Public Notice
Tim McNamara d/b/a Holistic Health Group has applied for a Special Permit pursuant to Section
240-30 Medical Marijuana Overlay District. The Applicant proposes to operate a medical marijuana
treatment center, licensed through a Host Community Agreement with the Town Council, with the
purpose of conducting patient dispensary sales. The subject property is located at 120 Airport
Road, Hyannis, MA as shown on Assessor’s Map 294 as Parcel 014. It is located in the Industrial
(IND) Zoning District.
Background
The subject property is a 1.06 acre parcel containing a 12,646 square foot restaurant constructed
in 1984. The lot has frontage on Airport Road and overlooks Fresh Hole Pond in Hyannis.
§ 240-30 Medical Marijuana Overlay District
(2) Special permit criteria. In granting a special permit for a medical marijuana treatment center, in
addition to the general criteria for issuance of a special permit as set forth in § 240-125C herein
and in consideration of all application materials submitted and testimony received, the Zoning
Board of Appeals shall find that the following criteria are met:
(a) The medical marijuana treatment center complies with all requirements of this section,
including but not limited to Subsections E and F in their entirety.
(b) The medical marijuana treatment center is located to serve an area that currently does
not have reasonable access to medical marijuana, or if it is proposed to serve an area that
is already served by other medical marijuana treatment centers, it has been established by
the Massachusetts Cannabis Control Commission that supplemental service is needed.
(c) The site is designed such that it provides convenient, safe and secure access and
egress for clients and employees arriving to and leaving from the site using all modes of
transportation, including drivers, pedestrians, cyclists and public transportation users.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-050 – McNamara/Holistic Health Group
2
(d) Traffic generated by client trips, employee trips, and deliveries to and from the medical
marijuana treatment center shall not create a substantial adverse impact on nearby
residential uses.
(e) Where necessary to shield adjacent uses, the Zoning Board of Appeals may require
buffering by fencing, vegetation or other screening methods.
(3) Prohibition on transfer. The special permit shall be issued to the owner of the Medical
marijuana treatment center and shall not transfer with a change in ownership of the business
and/or property.
(4) Limitation of approval. A special permit authorizing the establishment of a medical marijuana
treatment center shall be valid only for the registered entity to which the special permit was issued,
and only for the site on which the medical marijuana treatment center has been authorized by
special permit. If the registration for a medical marijuana treatment center has been revoked,
transferred to another controlling entity, or relocated to a different site within the Medical Marijuana
Overlay District, a new special permit shall be required prior to issuance of a certificate of
occupancy.
(5) Revocation/nonrenewal.
(a) In accordance with 935 CMR 501.103(4), Expiration and Renewal of Licensure, all
materials submitted pursuant to the MTC compliance with that section shall also be
submitted to the Zoning Board of Appeals record file. The Board reserves the right to hold a
public hearing based on a review of the materials showing inconsistencies with special
permit conditions and/or the requirements and standards of this section.
(b) In accordance with 935 CMR 501.105(18), Requirements on the Expiration, Revocation,
or Voiding of Certificate of Licensure of MTC, should Cannabis Control Commission take
action under this section, the special permit shall be null and void.
Proposal & Relief Requested
Tim McNamara d/b/a Holistic Health Group has applied for a Special Permit pursuant to Section
240-30 Medical Marijuana Overlay District. The Applicant proposes to operate a medical marijuana
treatment center, licensed through a Host Community Agreement with the Town Council, with the
purpose of conducting patient dispensary sales. The subject property is located at 120 Airport
Road, Hyannis, MA as shown on Assessor’s Map 294 as Parcel 014. It is located in the Industrial
(IND) Zoning District.
Procedure - NEW
A complete application has been received and as such the Board shall open the hearing by vote of
the Board. The Board shall then assign members and hear the matter before them. If the Board
needs additional information the Board may continue this matter to a date certain. Once the Board
has exhausted their review the Board shall motion to close the public hearing. At this time no new
information or public comment is to be accepted by the Board. The Board shall now deliberate
render a decision. When rendering a decision, a motion shall be made to (approve, approve with
conditions, or deny) with the following findings and conditions. The Board shall state findings and
may state or reference proposed conditions. Once findings and conditions are completed, a second
is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote.
Lastly a vote is then called for.
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-050 – McNamara/Holistic Health Group
3
Special Permit Findings
For all Special Permits, the Board is required to make general findings pursuant to § 240-125 C.
The Board should review the evidence presented by the Applicant, staff, and members of the
public and, after weighing such evidence, is encouraged to articulate if and how the evidence
contributes to each of the required findings.
1. The application falls within a category specifically excepted in the ordinance for a grant of a
special permit. Section 240-30 allows for a Special Permit.
2. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of
the Zoning Ordinance and would not represent a substantial detriment to the public good or
the neighborhood affected.
3. A site plan has been reviewed and found approvable in accordance with Article IX herein
subject only to the issuance of a special permit. See letter dated December 10, 2024.
Further Section 240-30 F. (2) requires the Board to find that:
(a) The medical marijuana treatment center complies with all requirements of this section,
including but not limited to Subsections E and F in their entirety.
(b) The medical marijuana treatment center is located to serve an area that currently does
not have reasonable access to medical marijuana, or if it is proposed to serve an area that
is already served by other medical marijuana treatment centers, it has been established by
the Massachusetts Cannabis Control Commission that supplemental service is needed.
(c) The site is designed such that it provides convenient, safe and secure access and
egress for clients and employees arriving to and leaving from the site using all modes of
transportation, including drivers, pedestrians, cyclists and public transportation users.
(d) Traffic generated by client trips, employee trips, and deliveries to and from the medical
marijuana treatment center shall not create a substantial adverse impact on nearby
residential uses.
(e) Where necessary to shield adjacent uses, the Zoning Board of Appeals may require
buffering by fencing, vegetation or other screening methods.
(3) Prohibition on transfer. The special permit shall be issued to the owner of the Medical
marijuana treatment center and shall not transfer with a change in ownership of the business
and/or property.
(4) Limitation of approval. A special permit authorizing the establishment of a medical marijuana
treatment center shall be valid only for the registered entity to which the special permit was issued,
and only for the site on which the medical marijuana treatment center has been authorized by
special permit. If the registration for a medical marijuana treatment center has been revoked,
transferred to another controlling entity, or relocated to a different site within the Medical Marijuana
Overlay District, a new special permit shall be required prior to issuance of a certificate of
occupancy.
(5) Revocation/nonrenewal.
(a) In accordance with 935 CMR 501.103(4), Expiration and Renewal of Licensure, all
materials submitted pursuant to the MTC compliance with that section shall also be
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-050 – McNamara/Holistic Health Group
4
submitted to the Zoning Board of Appeals record file. The Board reserves the right to hold a
public hearing based on a review of the materials showing inconsistencies with special
permit conditions and/or the requirements and standards of this section.
(b) In accordance with 935 CMR 501.105(18), Requirements on the Expiration, Revocation,
or Voiding of Certificate of Licensure of MTC, should Cannabis Control Commission take
action under this section, the special permit shall be null and void.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2024-050, a request to operate a medical
marijuana treatment center, licensed through a Host Community Agreement with the Town Council,
with the purpose of conducting patient dispensary sales. The subject property is located at 120
Airport Road, Hyannis, MA:
1. Special Permit No. 2024-050 is granted to Tim McNamara d/b/a Holistic Health Group pursuant
to Section 240-30 Medical Marijuana Overlay District to operate a medical marijuana treatment
center, licensed through a Host Community Agreement with the Town Council, with the
purpose of conducting patient dispensary sales at 120 Airport Road, Hyannis, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Existing Conditions Plan at 120 Airport Road, in Hyannis Massachusetts” by Pesce
Engineering & Associates dated November 14, 2024.
3. The proposed use shall represent full build-out of the lot. No further changes shall be permitted
without approval from the Board.
4. The proposed use requires a successful Host Community Agreement approval, per MGL
Chapter 94G, Section 3(d), by the Town Manager.
5. This decision shall be recorded at the Barnstable County Registry of Deeds and copies of the
recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building
Division prior to issuance of a building permit. The rights authorized by this Special Permit
must be exercised within two years, unless extended.
Copies: Applicant (c/o Tim McNamara)
Attachments: Application
Plans