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RE: Question on Medical Cannabis Ordinance
From Connolly, Kathleen <Kathleen.Connolly@town.barnstable.ma.us>
Date Tue 2/11/2025 7:14 PM
To Timothy McNamara <tmcnamara@hhgma.com>
Cc Nober, Karen <Karen.Nober@town.barnstable.ma.us>
You don't often get email from kathleen.connolly@town.barnstable.ma.us. Learn why this is important
Good a ernoon A orney McNamara,
Town A orney Nober forwarded me your inquiry. In my opinion, it is logical that an approved marijuana facility would not have
to stop opera ng if a conflic ng business was proposed to be sited within the buffer zone a er the marijuana facility was
approved and sited. Under general zoning principles, the approved marijuana facility would become a pre-exis ng use that
would not become nonconforming by the si ng of another use that would cause a buffer zone conflict. I am not aware of any
case law on this specific issue nor on any guidance from the Cannabis Control Commission on the exact point, but as noted, it
seems a logical conclusion.
Kate
Kathleen Connolly
Assistant Town Attorney
Town of Barnstable
367 Main Street
Hyannis, MA 02601
508-862-4620 (telephone)
508-862-4724 (fax)
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From: Timothy McNamara <tmcnamara@hhgma.com>
Sent: Saturday, February 8, 2025 4:28 PM
To: Nober, Karen <Karen.Nober@town.barnstable.ma.us>
Subject: Ques on on Medical Cannabis Ordinance
Hello Attorney Nober,
I'm writing to relay an inquiry that I've been asked to request from you, as Town Attorney for Barnstable,
with respect to the ordinance buffer requirements. I answered based on my opinion but am nevertheless
asking you also so that I can say I've done so:
If the proposed MMTC locates within the overlay district meeting all business buffer requirements at that
time, and a business that the MMTC is subject to a buffer from (e.g. School) subsequently locates within
the buffer area, what would be the outcome? I think the specific question was, would either business be
prevented from operating in that instance?
Thanks for any guidance you might provide.
Tim
Tim McNamara
President/General Counsel
Phone 774-419-3888
Web hhgma.com
Email tmcnamara@hhgma.com
477 Wareham St. Middleboro, MA 02346