Mashpee Zoning Board Approves Remanded Proposal, Cannabis Store

Remanded Proposal

On January 27, 2021, the zoning board approved an application by petitioner Eprem Epremian to raze and replace an existing dwelling on Wading Place Road. Dana J. Andrew, a member of the Ross Andrew Jr. Family Trust and an abutter to the property, appealed the board’s decision with the Land Court.

Mashpee’s zoning allows for razing and replacing existing nonconforming structures under certain conditions. The board must determine that changes to preexisting nonconformities are not “substantially more detrimental than exists prior to removal of the existing structure” and that there is enough land for parking.

In a decision dated January 5 of this year, the court annulled the board’s decision after finding that the board had not made the findings necessary under the raze-and-replace bylaw and further that the board “applied its own definitions of ‘lot area,’ ‘lot coverage’ and ‘setback to wetlands’ to the project that did not account for the presence of wetlands on [Mr.] Epremian’s property.”

Projects before the board must meet lot coverage requirements. Mashpee’s zoning bylaw requires that any water or wetland, as defined by Massachusetts General Law, “may not be counted toward lot size for the purpose of calculating maximum lot coverage.” The court’s decision notes that the board did not deduct wetland areas in their calculations and that the board “is required to exclude wetland areas from its lot coverage calculations as defined and referenced in the Mashpee zoning bylaw.”

The project came back before the board on February 22. At that meeting, attorney Christopher J. Kirrane, who represents the applicant, said the existing building is already over the maximum lot coverage requirement. He said no new nonconformities were introduced by the proposal and the board could still approve the project if they made the findings necessary under the raze-and-replace bylaw.

At its meeting on Wednesday, the board heard closing arguments from Mr. Kirrane and attorney Brian J. Wall, who represents the trust that appealed the initial approval.

Mr. Kirrane said many benefits would come from the project, including that the new building would be flood zone and building code compliant. He also said the proposed house would be consistent with the neighborhood.

Mr. Wall said granting a special permit would not be in line with the intent of the zoning bylaw, since the intent is to protect wetlands and the proposed project would expand the house into wetland area.

Beth Andrew-Berry and Bonnie Gaudio, members of the trust, also spoke to the board, pointing out the view obstruction the proposed house would impose on the trust’s property and raising concerns about the environmental effects of development.

Sublime Cannabis

The board also approved a proposal from CatDogg LLC to build and operate an adult-use recreational marijuana retail facility and a marijuana product manufacturing facility at 800 Falmouth Road.

Evan R. Lehrer, president of CatDogg LLC, told the zoning board the Mashpee Select Board authorized Town Manager Rodney C. Collins to execute a host agreement with CatDogg LLC in December. A host agreement is a contract negotiated between a town and a marijuana dispensary that dictates terms of operation in the town.

Mr. Lehrer said he believed Mr. Collins executed the agreement on January 10, adding that CatDogg LLC is in the process of obtaining a license by the Massachusetts Cannabis Control Commission.

Once the control commission licenses the project, building can begin. CatDogg LLC would do business as Sublime Cannabis.

Andy’s Market

The board also heard a proposal to add 1,800 square feet to Andy’s Market, a retail store on Route 151.

Mr. Kirrane, who represents the applicant, Mashpee 151 Properties LLC, spoke to the board regarding the proposal, which would modify an existing special permit to add the desired space to the rear of the building.

The addition would allow increased cooler and office space, Mr. Kirrane said.

Mark Dibb, senior project engineer with Cape and Islands Engineering, said the project would include the addition of drainage measures designed for a 25-year storm.

Board member Ronald S. Bonvie expressed concern about that fact and questioned if designing for a 25-year storm was adequate.

The board voted to continue the project discussion at its next meeting to allow town consulting engineer Edward Pesce to review the drainage measures.