 All in favor of the August 22, 2016 Museum of the Arts and the Development Board being reported by ACMI. Of course, our agenda this evening is a special permit application, number 3-5-1-1, 11 Water Street, the Massachusetts Patient Foundation, and ACMI is a CMS for Christian School of Medical Marital Treatment Center. Chris Loretty, member of the town, the president of the town, has advised me to heal all of you with my use policy. If I could have the applicants, please introduce yourselves. Thank you, Chairman Villanueva. My name is Adam Fine. I work very hard on that. I'm from the Massachusetts Foundation, and I want to thank the Board. I'm the chairman of the Board for how I was here today to present. We have prepared a PowerPoint, hopefully it's not too lengthy, or we're trying to be comprehensive, and really be here to answer any questions that your Board may have. Also, obviously, we value the input of the public, so please, as I'm sure you're aware, feel free to speed us up or slow us down. We're going to quickly, we wanted to make sure that we get all the information to the residents that are on attendance to this Board so you can make them a form of decision. For our own interest, I just wanted to let the Board know who's here today. We have the Justice of Congress, the founder of the Massachusetts Foundation. We have Tony Cappacetti, who is the engineer. He's with a lot of the engineering for the Justice of Permit. My associate attorney, Dave Villian, from our office. And we also have Corey Copper, who's also a member of the Massachusetts Foundation team. So with that, I'd like to hand it off this portion of the presentation to Joseph to kind of introduce his team and tell you a little bit about his organization. Thank you, Chairman, members of the Board. So, we're here to be an excellent aim for the community. This fits legal medicine of the highest degree and highest quality to be residents of the town of Marlton and the town of East. Our emphasis is strictly on patient satisfaction, patient service. And we will do everything in our ability to make sure every patient that comes in is treated with respect and with an honorable staff for this medicine. Personally, I wanted to get into why myself and many members of our team got into this field. In my family, history, there's different kinds of genes I have to be aware of. On my mom's side, my grandmother passed away by 50s of early onset Alzheimer's. And so, one of the real potential uses for this medicine is to treat neurological disorders, as I'm sure many of you have seen. In fact, my uncle currently has been treated by the roughly the top neurologists in Israel and in Israel, but they're far more advanced than this on cannabis in the medicine. He's been describing it for the last four years or so there. They could live in a wall place in Israel, and that kind of restriction. So, from that angle, I think it's a very important medicine that needs to be further studied and can really help a lot of people with neurological disorders and children with hundreds of seizures a day all the way up to those with dementia, Alzheimer's, Parkinson's, and others. On my dad's side, in August of last year, he had three open brain surgeries in a span of five weeks using Pumple of the Lottage, which is a very, very important opioid. As I'm going to hit it, I'm sure it's aware. We have prices that are not only for the state and surrounding states, but across that country on opioid use. And a lot of that doesn't start off with a soccer mom saying, I want to try heroin. It starts off with a doctor prescribing some kind of painkiller. You slowly get addicted. So, for five weeks, my father was using Pumple of the Lottage. So, he was using Pumple of the Lottage because he needed it and it was an alternative. This was in my head. Thankfully, he didn't get addicted because he has a strong character and a strong perseverance to not let that happen to the patient. And so, here in Massachusetts, where patients are actually not so opioid to pain management can use medical cannabis, it's really something that's amazing. And you want to be able to offer the best that patients can use. So, again, to our team, our chairman of the board and executive director, I don't know if it's helpful. We want to, it's a way where we can come around and say, should we switch? I mean, we can't move the screen. I don't know if that's what we're doing. But if we have copies, we can do that. Okay. We're going to Boston College right outside of Wellesley. I graduated from there in 2009. That same year I started a product. I started a company that we made a product called Dreamwater. It's a two and a half ounce shop that helps you fall asleep, all natural, drug free, FDA regulated as a dietary supplement. I currently have that product about $30,000 in stores in the U.S., including at most major food drug mass retailers, like Walgreens, CVS, Stop & Shop, all the airports that we file, CVS and the registers of the news, stands, and multiple international countries. As our Executive Director and Chairman of the Board, we have my father, Norma Leipach. He is the co-founder of Perfumania, which includes me with the largest specialty freighter in the U.S. store. Chain is over 300 stores in over 30 states, publicly traded on the NASDAQ stock exchange, and we sold to controlling interest for that. He also licensed manufacturing distributed fragrances all over the world, over 70 countries, on the brands of Carriales, Paris-Soul-Venique, Gas, or Pacific, at Hardy, Religion, St. Agnes, and being a very many more. As another Director and our CFO of the Financial Officer, we have Andrew Mark Young, Mark is the former CFO of Perfumania and New Wave Fragrances, one of the favorite manufacturing companies. As our Director of Production, Michael Thompson, he is one of the top cultivators in the state of Colorado. He is the co-founder of one of the fastest-growing stores across the state of Colorado. He's been in medicine and several recreational patients, and he has overseen over 200 thousands square feet of marijuana in the cultivation space at a time. He's also responsible for the largest single harvest in Colorado state history. You have Dan McCartley, who has started various GI businesses, where he's been able to put the specialized pathology labs together with doctors and build natural sales teams around it. You then have Dr. Mike Christianer, who is an Advisor, Chief Medical Officer and our Advisor. He's the co-director of GI in the United States and outside of Medical Center in Miami Beach, and he has been going throughout Latin America, particularly in Canada, as a medicine. I'm going to skip the two people, but now Porter is a representative and he's very visually responsible for security. He is part of the NITEL team. NITEL has been working with us for our experience. They're working here with security companies in the state of Massachusetts. And then I'll end it off with another member of our board of directors. He's the founder of the Wellesley Western Combat Center. He has done extensive study and he himself is a cancer survivor and at the time when he had cancer and he was going for chemotherapy, this was many years ago, and he wishes he had access to this. It's available to certain patient today. So with that, I'll pass it over. Thank you, Joseph. So the next slide, I wanted to give the board a timeline of how we got where we are today with Massachusetts Foundation. This has been a long process for this organization. It has been many organizations. It's a rigorous process that starts with the state process. It's a three phase application with the common law. The application is made through the Department of Public Health. We have successfully made it through all phases and we're in the final part of the last stage and it's going to slide here to phase three. That's the citing profile phase and that is where the key consideration is the citing profile phase. It's a letter of support and non-opposition that is required as a Department of Public Health application requirement required to get in order to move on into the state process and we have received that from the other board selected that was at a public hearing prior to this. I've ever said 22nd 2016 and we are very pleased to have 4-0 UNAN and ESCO four letter of non-opposition to the Massachusetts Foundation at the location which we'll be speaking about and Tony will be speaking about in more detail today as a subject of the special permit 11 waters for unit 3B and so as part of I don't want to get into too much detail with the letter of non-opposition because there may be questions about it that process involved multiple meetings with town officials prior to presenting for the board town manager, town council looking to ensure that the property was suitable with respect to the zone with respect to the setbacks that they apply and allowing us to move forward in the process and that's what brings us here today. We also for those of the public that may not be aware and members of the board the Massachusetts Foundation along with receiving a letter of non-opposition also negotiated a host agreement host community agreement that provides direct monetary benefits in return for allowing us to host in the town of Arlington in this case that host agreement I'll talk about in the next slide but it amounts to a flat payment of $100,000 along with annual payments that the registered marijuana dispensary takes in in a year. Just on August 16th, a member we're very fortunate to go for the Fifthburg Planning Board we issued a special permit for our cultivation and processing facility and I think it's important to note it to everybody that we're not complaining on cultivating any marijuana or processing or packaging any marijuana on everything that would come to this location will be packaged and ready for sale for all the safety and all of these we'll take packaging and all of the protections that are built in from the Department of Public Health for regulations and that will all occur in Fifthburg and will be transported to this dispensary based on patient demand we do expect that we'll receive a criminal certificate of registration any day now from the Department of Public Health and we're just kind of in the queue waiting next slide so one thing to add is that what will occur after this process is if another public hearing process for everybody in Ireland that would be that the local public health department here has implemented their own thorough regulations which is great and we would have to apply after we get to do some registration to go through this process we would also apply them to the Board of Health and we would go through a public process there in compliance with all their regulations that would be one other public step that we would take after this and as part of the public health process there's also a public an annual public meeting that's a requirement in the public health local public health regulations it requires community meetings and that's really kind of the time we have interaction with those affected and you can address any concerns that we can and that's an annual requirement kudos to Ireland if you're doing that if it's only community that actually requires need them to consider it think it's a good thing and it allows every year on renewal to have this public meeting so there will be this continuing dialogue a little bit about the community most agreement if I mentioned it before these are just some of the kind of the material terms I mentioned before the percentage of gross revenue that kind of flow back to the coffers of Ireland to spend as it wishes whether it's more police whether it's drug treatment or medication that's 3% of gross revenue next slide please so I'll hand it off to Tony Cappacetti because the handbook kind of doesn't work nothing but also the specific problem thank you Tony Cappacetti with his engineering so much for the project we're here before you tonight for a special permit approval the special permit it seeks to use an existing space at 11 water street on the third floor of the area of the building it is a medical office building currently this use is fairly analogous to a medical office for specialty retail which would be ideal for the medical supply company for the life and the site after we receive special permit approval should we receive special permit approval we still have to adhere to many requirements especially the Department of Public Health operational and security requirements and those are items that are reviewed in process and maintained by the public health to make sure that operational security and we stay cognizant we're fortunate enough to have an existing building which is pretty well occupied in a successful medical building would be on the third floor we're going to anticipate a large increase in traffic patterns to do the same as they are currently we're not making any changes to the site there's a large list of parking lot adjacent to behind the site is a payload the estimated increase going from the medical office to a specialty retail using the IT future generation numbers would be about 8 more vehicles per day we're looking in the range of between 50 and 60 vehicles per day total over a 10 hour operational period two vehicles you might see about 12 during the peak hours again plenty of parking and not as huge traffic generated that site itself with a lot of parking lots there's also bicycle parking and the site is unique in that it is gs of the bicycle path and public transportation so that will be promoted by the department of health we're not going to tax the municipal utility system there's no increase in storm water there's no increase in site there's no increase in employees in some strictly retail so you'll have your employees and customers there'll be no production that would increase water wastewater the only traffic will be disposed of on site and the dumpster would be non marijuana containing waste that would be cardboard papers and the like marijuana containing waste is regulated by the BPH that is either return to the cultivation center that's generally how it's then made unusable through a variety of processes and disposed of that way then one of the other requirements special permit for preservation in the landscape in relation to building the environment again this building fits in quite well at the end of the town we're not proposing any changes for inclusion of a small sign that would say Massachusetts Foundation by state law we're not allowed to advertise with a type of product it's just showing illustrations that would allude to the product and this is a non-profit corporation in Massachusetts again the Parliament Zoning Bylaws allow for the non-marijuana treatment centers in the B3 and B5 zone we own the B5 zone so if they counted the specified way these uses would be cited and again the 11 large building is in the B5 district and we would occupy about 2600 square feet here at that building we need to show that the use is a desire but to the public community as well again this is a medical product this is medicine there's sick people who have to be registered and prove their ailments the people of the Commonwealth in 2012 to legalize it the morning records show that the majority of the citizens now support that initiative right now there's approximately 29,000 active card holders or patients in the Commonwealth there's about 2,000 new patients registered in the community so there is a demand for this medicine and there's only seven RMDs in the state currently there are more trying to come online we need the closest RMD to this site would be Boston or Brooklyn facilities and do you want to add about currently if you don't have a facility in New York with Tom or some items that you should be aware of one of the other benefits of having a dispensary there's a provision of the Commonwealth's regulations that allow for hardship and really hardship cultivation essentially means that patients and caregivers that are unable to obtain their medicine or the patients that can't obtain their medicine because there isn't they don't have access to nearby dispensary or allowed to cultivate and grow their own marijuana in their homes and the way one of the benefits or anything by having a dispensary in this community is to eliminate any viable application for cultivation with the Commonwealth so because there is going to be one that's nearby that's supposed to call the transportation that's going to be able to serve the patients at RMD and the surrounding areas there should be no hardship cultivation permits issued by the department allowing people in RMD to grow marijuana in their own homes so that's one other aspect of the law that I want to point out on this site special permit criteria is that the propositions will not be judgmental to the district again this is a medical office building this is a medical use that would be going into this office building the unit itself is self contained you come off the elevator the entrance is there there will be security provisions they require that you show an ID before you enter the suite and then that ID will be again checked against the state database before you can access the area where the medicine is and note marijuana will be visible again in any advertising features packaging or the light and note consumption of marijuana will be allowed on the site where the security staff will ensure that those people who purchase then proceed directly to their car or possibly an appointment in the building but leave the site as quickly as possible again advertising features there's a 13 by 30 inch glass panel sign a goal that is about two inches high that says the message is to be issued by the nation and that's there will be no other advertising features it's not like it's going to be neon signs or anything that will turn back over to Adam so I wanted to walk through just to give everybody understanding kind of what who is going to be going to this registered marijuana dispensary kind of the process that patients go through in the Commonwealth get a patient car really what we're talking about is really a specialized pharmacy that's going to be serving a very limited a group of people that will be only limited amount of qualified patients right now we have 30,000 with other dispensaries so we're going to be taking a fraction of that that we're going to be serving it's unlike other states the Commonwealth has put forth very comprehensive regulations on the process to get a registered marijuana patient car you have to apply for a registration car the first thing that you'll do is go to the physician the physician will make a determination based on discussion with the patient that you have a condition a debilitating medical condition whereby you would benefit from that from marijuana and this is not about any doctor, it's about an out of state doctor it's got to be a Massachusetts physician a bona fide physician patient relationship and that's an important aspect that other states don't have and have that in the Commonwealth what that means is the doctor has to access see the patient, have a file on the patient talk to see the patient once twice a year at least that the doctor will receive a patient and follow the patient with the chart the next step is that the certification is submitted by the physicians in the Department of Public Health and it's reviewed in this review period it can take a period of time as the department reviews that the patient fits the criteria only then is a car issue to the specification up on the screen as an example what the car would look like this car along with another form of identification is for requirement to get into the dispensary they still want to be allowed into the dispensary unless they have a qualified patient with this car and it also has another form of identification it's an annual renewal so it's twice a year and then these certifications have to kind of happen after the year any caregivers or patients that are unable to conserve sick or disabled are unable to leave their homes they can have caregivers that can go into the dispensary and get to medicine they also have to go through the similar process and get a car so these are the only two groups of folks of people that will ever be allowed into this dispensary and this will be a we'll talk about kind of a process over the next slide so Master's Dations Foundation has comprehensive security plans that we will be providing the police department along with the health will certainly be happy that the department provided this to you as well as to request but I just want to touch upon some of the access a little bit of the access criteria of the Department of Public Health security plans that our plans incorporate well, when entering before entering there's going to be two doors to enter this dispensary and there's kind of a, it's called the salad court where the security area but the main entrance to the dispensary or there'll be a security guard position for both and at that point the patient or the curator will present their registered card so on the previous page that that card will be looked at only after that card is verified that person will be buzzed into a secure kind of, it's called a mantra I don't like that term, really a salad court a secure area where you can't get into the act of dispensary until you have a second security desk, you have a sec you have your ID checked again in addition to your state ID so you have two forms of ID in the salad court area presented to a registered agent that someone that works with the dispensary security guard works with the dispensary only after those two IDs are verified run through the state system would you be allowed to that second door and I didn't explain it that clearly but you're going to see it very clearly on the next page when we talk about the site plan if you look down at restricted access salad court entrance the first ID check, that is the entrance to the suite in the building on the third floor of the building at that point there will be a security guard and a camera facing there and a buzzer and you'll have to actually present your ID to the camera to get buzzed in and then in the restricted access area the second ID check will require security officer there and it will take a look at two IDs to be allowed to the restricted access area which is that area so that's hopefully presents a kind of, this is a conceptual floor plan and Mr. Chairman we get to provide amendments to that today this is kind of the latest conceptual plan some aspects of the regulations there's cameras basically essentially going to be everywhere I mean there's anywhere that you can go there will be cameras the exterior of the buildings so the appropriate lighting if you need to these are night vision cameras they're high definition just one thing to note on those cameras we actually saw in Brookline Brookline had a we saw the cameras actually help the police department there so there was a raft of burglars that were unsolved in Brookline and they went to the dispensary because they believed that the suspect in the burglars in the adjacent the residences they believed that the suspect kind of traveled on the street by that dispensary so they were able to actually get high definition to be able to footage the license plates of this vehicle and they solved their they solved their this crime that had been ongoing because of the cameras that were on the exterior on the dispensary in Brookline so there are some kind of rules like added security benefits and that's just one example of it in terms of another aspect of the regulations is a seat to sail inventory tracking system this means that all product is tracked from the time it is a seat to the time that it is sold we know exactly the quantities we know exactly every product any marijuana product is fully accounted for within the seat to sail tracking system security cameras are monitored 21 hours a day needed to have security agents outside of the dispensary we don't think we need that but certainly upon opening we'll have that to kind of make sure that everyone knows where they're going and obviously the entire interior of the facility is better than cameras as well Massachusetts Department of Public Health Regulations also require a fully redundant alarm system this will go to two different monitoring companies there's the ability to wire in directly to this department if they show the desire our experience is that this department don't actually want this when I say wire in they can actually see the video footage live if they want to and certainly have that ability but alarms will be sent directly to this department if something should wear to happen there's going to be a secure lock safe or fault we'll only need enough inventory we need it on site to anticipate patient demand and no consumption of marijuana is permitted anywhere or in public this will be if anyone does this they're not going to be a patient of the Massachusetts patient foundation this is a violation of the law and will not be tolerated so it's important to point that out and we'll have in fact the Massachusetts foundation is one of the very honest countries we've discussed the police department and certainly resident concerns we can put as much security staff as we need to to make people feel comfortable so just to summarize I'm really going to leave time for questions but you know we've presented these written materials as part of the record sort of testimony we believe that we meet all of this the criteria of the special permit and of course this is the requirements of the design review the general functional requirements and I believe it will be a beneficial use to our own team so we respectfully we're here tonight and respectfully we'll be asking the board sharing the members of the board to grant a special permit and close any scope that you desire to do so thank you for the federal presentation we'd like to see the security criteria for actually being able to be hired not just as a security personnel but literally as a janitor as under the space is passing a throwback project to the department we get a full criminal back project and added being a weed account doing as a domestic nature foundation is where the annual criteria points so most credit costs from 6.90 to 5.40 obviously there could be more clients trying to do medicine so that's very important along those lines what kind of staffing needs to be done before we onsite everything it really is good to account patients in that so one of the plans that we have is starting off with a wide array of even hours with sufficient staff 3 to 4 personnel at any given moment and then adjusting both hours of staff so we're going to be very able to do that and we want to project higher than we can what kind of professionals do we have onsite we have CVS we have pharmacists we have an SD on site so there won't be any on site it will be an idea to be able to consult it with on site we're going to have product medicine specialists who will know a lot about the actual medicines being dispensed and one of the tools that we're going to be providing is with thorough testing that happens for all medicine in the Commonwealth we will be able to actually based on some general since there's no actual FDA approved research based on different candidate profiles health direct cases to the correct candidates for them so you could expect 3 of those product specialists at a given moment and what sort of qualifications it's an internal training and for us our focus is on the customer service and the customer care and so it's something that we won't take lightly the plan for us is to have another cultivation site in Fisherwood but have 3 dispensing locations so we have comprehensive plans and currently today as members of the team myself included we're currently operating a medical marijuana dispensary in Florida and so far thankfully all our reviews seem to say that our product knowledge and our product expertise is truly high and that's one of the reviews that we get most of what about I know there's a report addressed transport of money to the site to the bank what about transport of products how is that to be handled in Fisherwood absolutely so the DPH has very very very strict rules about how this works first of all it has to be in the non-descript application vehicle the rooms have to be randomized so we can't make the same room because it's short of schedule deliveries there has to always be 2 dispensary units in the car at all times the actual this has to be held in the locked compartment within the car and cars have complete two-way communication available at any given moment the route is known all inventory is has a demand test and entrance benefits and if any of the reviews is if they've heard from the loop for any purposes and your application also mentions the possibility of delivery how will that be handled so delivery is in certain respects similar to cultivation to sort of delivering stuff to people in the car at all for the dispensary units the actual medicines will be held in the locked compartment in the car in the non-descript cash is installed in the car so that can be accessed and two-way communication for the most part what we're going to be doing is we're investing in a comprehensive mobile and web app system where patients will be able to register with us if they can't come in for the first time for a consultation their first home visit will have a consultation unfortunately to that as well and all appointments have to be pre-scheduled before the delivery needs of the location some other simple matter that they have to decide and verify that they are back with the home for that delivery but if they're at home we will not be able to make the delivery so it's fairly comprehensively well and the routes in that situation are rather much as well you mentioned that your operating dispensary is in Oregon and so I think you're alive isn't it the team? it's primarily part of it and you said the person was going to be the general manager for our three-week course so kind of a regional manager you've been out of training for the last six months you said that your reviews are good but as you record as you record with the state authorities out there so I can tell you that at this point we opened on January 4th of this year we have had 25 cents of this year because it's got to be the calendar note of this inventory and we have had one issue about three weeks ago someone came to the store logged themselves in because we followed actually a lot of Massachusetts rules out there the security aspect the DPH rules we checked them in they entered into the dispensing area they grabbed a quarter ounce of cannabis and ran out we had them on five different camera records of each video we also had because we can't get into that case we called the police the police actually we wrote this personally we found them within 30 minutes we opted not to press charges for banning them so it was about $60 worth of cannabis we paid for it we banned it from the store that's the only security issue we've had thankfully it was very easy to resolve because of all the security precautions we take and those are obviously the same security protocol that we follow it will restructure there okay I think that's all I have to say I don't think I want to the only thing I'd ask or yourself do we know of any specific objections to this permit from you chief Brian or director Burjana I have not received any specific objections from you there I think you don't know of any that was during the process do you not think that was too individualistic let's go with that okay I was present at that meeting and do not recall thank you you still have one question you covered most of the questions earlier your house or operation you guys closed at the ATM so to start off you want to go with the Y I don't know what the patients we don't know what the patients are going to be my question is what was the other hours of surrounding medical offices they closed at 6 or they closed later are you going to be the one who will open at 8 o'clock we may be but we will really evaluate that for you honestly for us we want to make it easy for the patients so if a patient who is working with us and gets off at 6 might take him around to get here so we have to be conscious of that but that's also one of the reasons why we move on from the building back in my way if the building is turning off and going light to house earlier we're going to compile that building we're there to be a tenant of the building and so we're going to follow the building to our operations at the end of the day do you know where any other members town officials may have additional questions for that okay can you get that sorry I'm working on it there's 8 vehicle trips per day and there's full amount of parking which is currently used for based off based off of the zoning bylaw there's no additional parking needed because the use that's going in it is very similar to the use that went up our assumption is that the parking was provided when that building was approved as a medical use and no additional parking was needed there is a deep space for the unit for employee parking in the underground garage and the parking lot that's delivered here on adjacent tours it paid a lot but there's sufficient parking there I was there on page 3 EER 4 sorry servicing here servicing occurs at the building currently whenever trucks need to pull up to bring supplies other than the marijuana occurs where? underground area the elevator goes to the underground area and the trucks go in there there will not be a there's not to be a large truck just regular paper supplies whatever's coming to that office like a man yeah there's more than enough area more than enough room and we finally can look at those kinds of deliveries and that's below grade it's kind of rather than a little issue with a small bit oh would you go in that garage oh yeah it's a delivery man it's kind of clearance what's going on right now there's more than enough clearance there's a lot of dedicated space and then as far as just trash not marijuana trash that's a separate thing but your dumpsters and so forth where then we wouldn't be using building dumpsters I'm not honestly having not sure where they are at all I believe there's trash there's that actually an on-site dumpster not a dumpster there's a series that they have to be separate on the site that's one of the worst eyesores in that lineup of dumpsters this is a separate issue from potentially it's a building issue but one of the things I could say is if the board would like it we're already sending back any cannabis waste through the district cultivation facility for disposal I have no problem there's not going to be much waste on site sending back not having that or do your best to lead the way on cleaning that area up for the absolute if you made me the one that everybody follows and practices on that actually along those lines I had another question because there will be maintenance, access office supply deliveries things like that how do you control for that where are we going to be making maintenance but again it's janitorial and our people they're all going to be registered and fed by the EPA if there's a maintenance issue they have to be escorted first of all they have to log them in as a visitor on site they have to be escorted by a registered dispensary agent at all times and they're only allowed to be escorted to the area to be touched upon that's also the way as far as office supply deliveries they can keep those outside of the need correct and quite obviously we would likely still have that all in every center with the fishburg that's the distribution center because it would be efficient to order just for one location is the fishburg location it's just a side question that's part of the Massachusetts Fish and Foundation in that year in time for that what kind of inventory do you intend to stop we would have different kinds of delivery on different concentrations at the outset we're planning on having actual manual canvas flower with various degrees of weights we also plan on having various types of extracts and edibles so shattered, bi-grossed actual cigarettes but it's a vaporized PhD without PG I don't think I have the name I'm sorry it's not it's a topic to contain that so we'll be able to smoke it, vaporize it we'll also have a limited array of edibles at the beginning including chocolate with chocolate marginalized as a PhD basically and we're also going to have shellcamps so with lifetime populations you want basically an extra array for patients to use it and all of this is distracted from the sale process any potential losses if there's any loss we know about including all the security cameras we know about it the primary key is the toy badges it will have car if I'm tracking so not only will we have cameras we'll be able to provide a minute wherever the toy was on the facility the facility is very large it's 28 acre one more bay or one more single plant so it's going to be very, very helpful to have that before I go I'd say a cleanup of service area we're screening to improve the control of waste removal area and it's so visible to any of the parks there and just to note on page 13 of the application they discuss an on-site dumpster so I don't know if things have changed on that site or if there's additional information to leave so maybe we can get that clarified as a follow-up going over the floor to public comment I ask that as people speak they stand fortunately we have a microphone this evening so you name and address please direct any all questions to the board and one right across from you guys traffic there on a day sometimes even at night so I'd like to know kind of what's the frequency of which an armored vehicle will pick up cash because you know there's potential for our and also what's the frequency per day for our vehicle cash pickups and also what's kind of the frequency per day for overall traffic for the business Mr. Chairman, if I may please so the armored vehicle we're working with a thing called Century Name which is a big Massachusetts name they're actually working aside from everything else on trying to locate a mid-level processor which would be a lot of that concern but overall we don't anticipate having armored vehicles in the day I think it would be in every other day and it would be a very quick pickup is it in the front? you're sending them underneath so during the day we anticipate our parking spot to utilize for any deliveries that we need to make home deliveries and all this would be timed out so the armored vehicles will be on schedule which our spot is cleared out in terms of actual patients coming in our estimation is 50 to 70 patients per day which works out to 5 to 7 per hour so it's minimal traffic from actual patients so you're saying every other day there's an armored vehicle and every day you're having two drop-offs our actual drop-offs we can't discuss for security purposes but it will not be the end of the drop-offs but it will be staggered sort of the wrong design and the problem is as people come to the facility but they have to schedule an advance for something where they can just come in and announce as we now have the consultation that's directed with coming out of the house but we're open to it I know that there should be something to start in that way some dispensaries show that they kind of start with appointment only and see how it goes and we're open to that one of the problems we've seen with appointment only is that you attend that people arrive early or they arrive late and they have kind of lingering around which kind of causes the opposite effect of what you're trying to do which is regulate kind of people coming in now so we're certainly open to it NETA, New England Treatment Access and Brooklyn did start for the first three weeks with appointment only a lot of traffic issues over there but so they ended up deciding to have a police detail there because they had no parking at all and it worked out well but I'm not sure that appointment would be necessary here but certainly the more we wanted it to do something we absolutely consider to be important and by the way I don't want to give you my cell phone number if you're a resident of the city just call me down I want to be around how does it count other than the medical so a couple of things I think if you the materials and the hosting agreement you're going to find a payment to the town and both the $100,000 against flat fee and then 3% of gross but beyond that certainly my own view is but 68% of voters have approved marijuana in this town specifically and we created a zone file that would allow for a medical marijuana dispensary to be provided it's being vetted very carefully by a lot of different people who came here to the town so my own personal view is we're here to provide it with an environmental design and as far as the benefit to the town and everything else I think the town spoke loudly with the vote so I think you might have been in the boards but for me tonight it's not about is medical marijuana dispensary the right thing for the town that ship a sail that forces out the barn door you know I'm here to do a job as a board member and that job is to make sure that they come in organized with a plan that has received no objections from the chief or the health director or anybody else so I myself am not looking to redo all of that has already been done over the past three years I think that this is going to be a long night if we try to go that direction so that's my own personal view and I'll let the chair talk you said exactly what I wanted to ask that's not where I I didn't intend to go all of that was common people question what's this going to do to the quality of life is it going to have an impact and I guess probably it either does or doesn't depend but one thing I'd ask is that we don't prove anything until the recreational marijuana issue has been voted on exactly what's in the door related dispensaries and other things to be tied in for the medical so I don't think the intent is but the door is open to that I believe yeah once again from my own personal perspective we have a valid bylaw we have a valid applicant with a very recent and bought out and organized application with once again going through all of the hoops and it's not for this board to really delay anything based on something that may or may not happen in the future 29,000 people a year is actually maybe a day it seems like a lot of I don't know if we can that's just a little out of the way quite a big point but that's sad now the $100,000 is that a permit or is that a legal canopy $100,000 is a gift to the city gift to the city also just to address the aid a day that the aggregate number includes home deliveries that you mentioned that that was to the town on the cross streets and that was to offset the added police details or whatever else is involved any idea about what that number might be it would likely be hundreds of thousands of dollars okay so that would be and the claim is that that wouldn't be a test of what would happen I was in the I would respectfully submit that the opponents of no business being here tonight and the reason is that they're not following the process the special permit use that they requested in the permit application is not one that's even listed in our zoning bylaw it's something that complies with state law or state regulation the only bylaw says is that a facility can receive a special permit from the development board this facility has not received a permit from the board of health they haven't applied for a permit from the board of health they cannot even apply for a permit from the board of health because they have not yet received the necessary resources in the state so they're getting way ahead of themselves on the idea of being here tonight I would request that the board request the application and that they command should in the future they receive the necessary permit from the board of health that's the problem of the procedure that's what how many voted on not coming to give a speculation about what might happen in the future so if you don't do that then I suggest you must deny this permit because it does not comply with the Board of Health Regulations that has allocated after the future and in particular this facility does not comply with the buffer zone requirements that protect children from happening and the the Board of Health adopted 500-foot buffer zone for things like schools, daycare centers for any facility which children congregate this facility does not meet that requirement for multiple reasons there is, for example the Mariposa Montessori school where you're on Mass Avenue and there's a 500 feet there is the Wind and Moon Day Arlington Learning Center for Water Street there is the children's library as part of Arlington Public Library as well as a team room at Arlington Public Library there is a pediatric office in the same building there is a bike path both in the 500 feet any number of agencies facility does not qualify and even all regulations of the Board of Health I would ask you to respect their judgment and your thoughts if I do not see how you can claim that this meets the environmental design to be standard for safety when it violates all of these safety where it violates the multiple ways and we point that 68% of voters favor environmental justice I would suggest we did it on the basis of those facilities we were told that they were very highly regulated that all of these safety measures would be implemented and now those measures are being ignored the fact that other power officials have ignored these children's facilities within 500 feet of this center is no reason to do this I would ask you to if you need to be up to 24 tonight the Board of Health regulations if you do not have a permit on that basis and finally I do understand I was told that the permit would be conditional on the Board of Health and it's actually only the Board of Health that matters, not what the Board of Health has in mind in fact if you look at the draft text it's not anything about the special permit in the additional building permit in the additional and frankly, knowing how our building department works it wouldn't be surprisingly required for the permit to work for the renovation department so I'll leave it that I would like you to comment a bit about the children's facilities by considering the aspect just be part of the block so that anyone else can have this documentation my name is Mark Blair and I'm a financial planning practice on the second floor of the building and myself and some other advisors in the space have written service about increased traffic parking as well as security did a great job of explaining security for the third floor site but our concern is would be adjacent to this block because the underground parking is it's all really for employees and you would have one spot there so people coming in would be parking in the municipal spot today if you come in at 5.30 you can find spots but if you come in during the middle of the day anywhere between 11 and 3 o'clock quite often you'll have to wait for so many to move just so you can find half the parking clients that are 15 minutes late to meeting because they can't get a spot things have changed quite a bit from now from a year ago when the city put in a new parking here the last full all of town and in terms of vehicles coming into the underground unit we already have congestion there where the doctor's office on the first floor has a company coming in to pick up last investment in terms of day and they're continually locking other tenants in and there's actually a car accident there about two minutes ago involved in outside companies coming in just blocking people in it and running into the building for 15 minutes or so then we have concerns about the security and the rest of the building along with the parking here because the last thing we want is to have people buying a product on the third floor going out to their car and lighting up in the municipal parking lot and then it becomes a perception issue for our clients coming into the building as well as the rest of the town now I know it's easy to say well once we have our property here on the street we're tied but I've been out to Colorado on business before it was legalized we were to have the medical issues and I've driven by some of these units and you could see what was going on here and I don't want that happening here in our own city in the medical building on the second floor there are no medical buildings there's my suite there's Yoyama's suite there's another business suites of our medical businesses on the second floor what did you know were you planning on having increased police in the municipal lot or what what stuff can you take people are going home before they need to go to Venice so we will have actual on-site security officers who will make sure patients go home I want to make this very clear we would then be in a building or would that be in? both in and out of work we want to make sure that patients know they go home and as said by Adam so driving under the influence is breaking the law and we take that extremely seriously I would also like to say that in terms of added use of the parking there's 2,600 square feet of there and our use does not but it does not add much more traffic than a traditional occupier that face would in terms of the underground we will not be having you mentioned that lab specimens are picked up twice daily for the doctor's office we're not going to have even one thing daily so not one commercial vehicle is going to be going in there daily so like I said for us we want to be the best neighbors possible this is a new use it's still something we have to collect the address to here and then thankfully there has not been any added crime as a result of the dispensaries are currently open but I'm here to dial and you know I'll make you the same number I'll give you my cell phone number I'm here to grab a drink after I'm going to excuse you about this but I'm going to be out of your concerns and hopefully you'll understand where I'm possibly reaching also in terms of added security and exterior and exterior we will be adding cameras on the exterior and building for sure which will be monitoring 24-7 you would like to add as many to the side as possible as well but it's up to you in that situation allow us to add aside from the greater part of our door I hope that answers your questions in theory it does hopefully things play out the way you indicate it will I understand that on the third floor if that was rented to anybody that would increase traffic to the parking lot but I just think it's being underplayed how congested it already is a year ago or two years ago before the building was full before you had the new parking there were plenty of spots there but that's definitely not the case today and I can tell you for us initial concentrations will take a little longer to our patient and what the process is like but follow-up conversations of patient visits are going to be generally very short and we're going to speak more than 5-7 cars an hour I mean literally in and out I'd like to pull this closure I have two children who are patients at the practice and through the board I'd like to ask the applicants what if any representations you've made to the public health with regards to this location being outside 500 feet of the place where children have a little time to be what if any responses you've received I'm just interested to know why this has gotten so far in the process if there's that offer so what's been represented I think the question is there's a lot of confusion around this public zone just to make it clear the Department of Public Health has set talks about a buffer zone and the buffer zone I talked about is in the regulations and it's 500 feet from where children from schools, daycare playgrounds and what the department defines where children commonly congregate now the buffer zone does apply in towns or cities local sighting an example of that community offhand would be a community whereby they haven't addressed local sighting they haven't put forth local regulations related to marijuana dispensaries or they haven't put forth a zone where they should be we don't have that in our own in our own thing what we have we don't have a setback that's codified anywhere certainly that was one of the considerations that this group went through when we sat down with the town manager the town council and one of the things that was looked at was this setback the spirit of the setback 500 feet and this was then the town council and at the time there were no kind of uses found that was presented and selected in that fashion but in terms of department representations we've made we've fully disclosed the site to the location the department as part of the process asks for what are called a request for further information I'm not surprised but we haven't received any request with respect to setbacks because of the state this is a state a default state regulatory issue that is only kind of comes into play there is no local site requirements put into place and that's not the case here in some municipalities by way of example we do see in the local building a charity of what is in the department of public health regulations we don't have that here so as a strict legal consideration there is no buffer but as a certainly people understand the buffer and it's less vetted and just that aside so we don't feel that there are any of the uses in terms of the pediatricians office we send an email to the department specifically about pediatricians office and the response back was that it wasn't fallen under their general definition of a place where children come to congregate and this is an issue that has come up and frankly it's come up in places where people just don't like to and they have the right to their opinion they don't want to have marijuana in their community there have been times where people try and set up a basketball camp there are all sorts of things that people try to do to block the specaries from coming but in this particular case school bus stops, pediatricians offices those have not even department of public health has not taken at least my knowledge to date as being a qualifying under their general category so long the answer I'm happy to tell you after you've heard the questions about it I'm going to just put on our first response two things one, I'm one of the 68% that voted for medical marijuana so I don't follow into that category I would have voted against it had I been told there would be a pediatricians office I think sighting is important I think where it's located in the town is important it's relevant to the discussion also I took it upon myself the same question whether a pediatricians office does fall within that buffer zone and I received a response exactly opposite so I think there's some disagreement about department of public health as to whether a pediatricians office falls within this buffer zone and I also think too there's disagreement from your interpretation with regards to whether that buffer zone is incorporated into the town regulations the Land Court just recently stated that the buffer zone is silent on buffer zone that buffer zone that is incorporated if they have a buffer zone we are silent on buffer zone therefore that buffer zone that's in the D.B.H. regulations under the Land Court decision is incorporated into the town also the town council has gone on public reference stating the peace deal that buffer zone is incorporated into our regulations thank you Lawrence McKinney first of all I'd like to thank the board here for taking such an amount of time on this issue I looked over here they were extremely succinct for what your job is to just do more or less worry about deciding whether it's philosophical or medical terminology but I'm not going to put that some of you are right this has been going around for some time it was over three years ago that Alan Chapter Lane at that time to figure out what part of this town such a dispensary could be located it wasn't just last year it was three years ago I didn't see Chris at any of those meetings but this kind of work has been going on steadily the reason that I was there was because back in 1972 I was producing the drug use curriculum that was being used in the Arlington high schools later on we found the cannabis institute of America and this was the only curriculum that was ever siliconed by the U.S. government to demonstrate impact in the classroom we went on to get the patent for medical marijuana for pharmaceutical purposes and there's absolutely no question that I know more about marijuana in any particular way than anybody else in this town that being the case I would again thank you very much for the time you've given us and let's back to Mr. Carrari the whole thing about marijuana is like you're acting like it's plutonium let's be common sense how many children approach a person asked for marijuana likewise how many marijuana dealers attempt to sell them to children it's like you know poisoning pagers in the park people laugh about this kind of stuff but we still have laws on the books that would prevent them from buying a pipe we went right to the Attorney General and said well we just can't get rid of all these stupid laws we have to expect that some people have the common sense to realize that there really isn't a likelihood of a child being damaged by the existence of marijuana now I have to bet I have a slight bias because what can I tell you the housing college had happened to me they approached me with one of those cigarettes what can I tell you I got into my studies more my writing became more imaginative and apart from my grades my straight out and I graduated from college and I am a victim I became addicted to high grades and good writing and I won't tell you what happened after that but I will tell you I can hold my breath for two minutes and not cough it's not really a danger so why are we niggling over to these points it's not a danger evidence whatsoever it is I stand correct it's the building that you would like to put your dispensary in and if you refer to this it's a medical building it's free floors it does have some medical office have you gentlemen all been in the building I see you've been in the building with Mario so there are other businesses in that it's not a medical building it does have some medical offices in there I saw that you had a nice diagram on the third floor where the safety implements the game plan putting in to protect the third floor and people from coming in and coming out but I have yet to see how you are going to prevent people from coming in that rear entrance through that parking garage which goes to those businesses on the lower level businesses on the first level and the businesses on the second level that elevator that goes from the ground floor to your floor in the staircases in the rear in the staircases in the front I haven't seen anything that shows how you are going to get your clients without disturbing any of the other clients or wandering into other offices or different floors by mistake and going directly to your office which has cameras and security guards and everything else to make sure that the people coming for their prescriptions are going specifically to your business there is another concern that you haven't talked about in business hours because this business owner is there we know how we going in when the office closed and we have access all the time and we have passports to use that passports down in the basement we don't talk about the other things that the other businesses have and when is it going to be open how are those people going to get into the building if you decide because you haven't given specific hours to anybody you said you are going to base it on how clients want it and how other businesses are going to be in there but it's not a set building that closes at 5 o'clock and closes at 6 o'clock so you haven't addressed any of those safety issues and how that's going to be handled I'm also concerned as a business owner and we have two other concerns you never notified us that you were coming in no one ever knew until we saw our sign we saw our construction going on and this is going in whether you're for marijuana or not I'm fine with legal marijuana just so you don't take on one of those people that is against it but in all honesty if you go into your financial planner's office would you want to smell marijuana would you want that associated that stigmatism associated with your practice we're at least as if we can't get out for many years you haven't addressed that how are you going to make sure your business doesn't impact our business and the other businesses that aren't in your field you haven't addressed that at all and we don't have anywhere to go because we have to stay there so you haven't addressed the parking situation because it is a problem we've been in the building a long time more than three years we know the parking, the safety the stigmatism, the dumpsters you can't put a dumpster on site unless you take on some parking spots you may not be aware of that with all respect but you should know that so there's lots of things that haven't been overcome and there is and again I'm not against legal marijuana but this is not the building of this place there are other places for this and again it is not a medical facility it is a building that some medical offices rank spacing and there's a difference and you haven't addressed any of these issues that I've talked about and I wonder how you're going to resolve those issues let me just start by saying thank you for raising my concern we need to hear them in terms of the process there's another stage and that is a stage that requires having these annual neighborhood butter meetings with the health department of the local health board when we apply for that aspect we should be after this and that is the opportunity for us to address all of these concerns and I think the apps that we can have can address all of the concerns in some of them right now if we miss anything if I miss anything please let me know the first is the smell not customary standard lease what we added to ours is we have special carbon filters so like that no smell emanates from our facility in terms of the parking situation I think I addressed it earlier that one specifically because there's going to be a tenant in that space I don't know whether someone else will be a tenant with people I know that you have a lease I know how that drives up rates we've leased that building fee even all that I know how well that works and again I don't know if you've done had a traffic study done or actually hired somebody to monitor and again I said I don't know if you have but to know that parking lot behind there and again you see that people are only 10 minutes and how that is going to affect that whole area over there it's going to if you put a fast food restaurant in there it would affect it because you have more people coming in that are currently there now and that are coming in and out of there it's already a congested space I completely agree there's more people that are currently there now but when someone offers let's see added versus someone actually if it was a medical office and medical office and professional office very similar part of the business it was in the high 40s per day and it would go up to about 50 to 60s even traffic engineers numbers it was an additional 8 vehicles per day it would have treatment for the site and that includes the ITU factors in the customers and the like in H just to clarify the same combined with employees drop-offs, patients that's only going to increase based off of an occupied unit that has a medical or professional office compared to specialty retail which is what this is considered there would be an additional 8 vehicles per day so right now it's zero if this medical building the high 40s were 8 more than that I appreciate all the comments and the questions but I think there are some items that need to be answered at the moment I'm going to speak on my own I think what I would like to do at this point because there are some questions that need to be answered specifically the question of the actual process in order which has been conducted board health permit, state permitting I before we move on to any other public comment or before this board is prepared to take a vote we need to see the security and safety plan to see a breakdown of the power staff will be higher I think that the hours of operation are a significant concern and I think there's some discrepancy between the number of visitors and vehicles per day I'm personally concerned about having sensitive vehicles in an underground parking garage we've got more student meetings so I think what I would like to do is ask the applicants to work with a planning department to come back and be prepared to answer the questions that are next meeting they think is going to be placed on September 12 at that point I will allow for additional public comment but I think these are some significant questions that need to be answered before we can move on and before I ask for a vote we would be more than happy to come back at that time but more than desired thank you so it is security and safety plans step-by-step practices hours of operation and vehicles versus patients I think we need some clarification on vehicles versus patients I think I'd also like to see as part of the security and safety plan how the proposed your proposed facility will impact the other businesses in the building and how they'll impact the planners detail your security cameras where those will be placed how they'll be used how information will be stored how easily public safety will be able to access that if need be especially during off hours when you're closed there's an incident there and what sort of plans we've worked out Chief Ryan and I'd also like to answer as to how this process has gone where you are in front of us before you have all the approvals in line with the Board of Health and the State the only clarification might be if you can't give us kind of where cameras are going to be that type of thing but we need to understand where you're going to be able to see okay that's important and other questions there were other people here tonight if they have different concerns could they contact planning so we can try and address absolutely they can contact planning and have those addressed and they're more than welcome in fact I would invite them to submit any comments of writing to myself and to share and to come back on September 12th I'll allow for additional comments at that point and some of the additional concerns have been addressed but if that we're going to continue to continue this here at September 12th I'll move to continue the hearing for the specialty to September 12th second thank you we have additional comments any comments to make it out to the hallway yeah actually out of the doors because it's really you can hear everything we have others what we have worked out with Lynn is that we have a path by which we can bring the waist down to the bring the square apartments and utilize their big bins and their trash bins yes that would be our responsibility to make sure that that stays clean and it's as I mentioned in there is that throughout the day we'll be monitoring and making sure that it really is a clean space and a relaxed space a zen space for people to be able to come and sit down and I know this is a hardware store that's right and then there's a building right now in the stair I need to yours I mean I'm not the kind of person around but I would love to try your stuff out I'm not a bicyclist yeah I'm going to get it together I'll be driving in a car right is there enough parking there so no, not in sheds parking on there, I'm going to be parking for the mobile vehicle it's not the biggest parking on bike path users with that said there is some parking on the middle street it's not a fire walk from NASA I look right around the corner it's an easy walk from NASA and we are going to explore there are some businesses in the surrounding area closed on weekends for example my family would be to go and talk with them about the possibility of also being able to have people if they wanted to drive there, but at the end of the day our focus really is going to be on the bike path so the parking there is a minute and four there are six spots in the medical building I believe, or 12 in the medical building and other residents we will have two spots that they will be from employees or work at the bridge so there are no dedicated spots correct and I believe that in the original I don't listen but we are readjusted that's correct that's just what we needed what we envisioned waiting for that to happen that's great you said the right thing that's supposed to be a building in the public area now you have some reason for the activity to be there and the bike path related so it's going to be great more of a question so procedurally I'm not sure what that is so it's a public comment thanks thank you I have a very strong reservation about the language that has been proposed for a minute in the social department and Mr. West I was on board with Mr. West at the time the reason the language and the permit is written the way it is because if nobody had any idea what was going to happen to us with the retail building at the store there were certain things we didn't want certain things we thought would be great obviously we didn't capture everything the way you are proposing to manage the language would allow within that building next door if you change it the way it is the evidence would come in without a special permit and you put in a nail swarms a water mat a beauty powder specifically the things that the board didn't want in the additional social department about six years ago so I strongly recommend you do not adopt the language that is written here certainly if you approve what this happened if there are other types of use it would be good either of those buildings but please don't make the changes that give likely approval for in the specific numbers 6208 that student that student and I want to correct something that was said earlier Stuart has pulled out of that building they may still be paying rent they may still have a foot in there but in the future something else is going in there and if you approve this you open up this special permit into a lot of potentially undesirable uses I don't think these applications are under control I don't need a lot of other people and if you need to look very carefully changing the language close and I would just emphasize again that uses we need to add it in any way we can do this by doing prohibitions so it will apply to acceptance in certain newscares so kind of like it's a good point thank you from my perspective I think what we should do in changing the special permit condition is making the condition to two parts in the and it remains as is in respect to the retail office building and that we just remove the words that both the kiosk if you remove the words both the kiosk and the third line of the current one and we leave the rest of it and we call this 10A and 10B will now say exactly what the new proposed one is except that one is we'll simply say to this end the developer and the board agree that the kiosk will reflect this intentional association of the bikeway to distinguish it from other places I mean it's a little it's a little clunky but I think it works and I think that gets away from the concern Mr. Loretty is about one and allows for a broader use in the kiosk which I think is necessary if it's in my mind the enforcement officer is reading this like that and this in order for there to be still stuck on the board then I think we need to change before that. With all due respect to near-visual writing of this condition the uses that are listed in here many of them are not acting in the kiosk and ScrapeShop is actually non-induced in themselves by law so I think that having some of these changes happen that we suggest here could still occur but we make it clear that it's nice because you still have the thing at the end that says let's make them come back if they want to do it with the big changes. So we'll change it to A exact scene removing and the kiosk and then we'll do B exactly what we've got in the new language but without and the retail office building to kiosk. Yeah with association board agree that the kiosk will reflect and you know it's a little punky because the acknowledgments are the same for both but I think it works from from a pure legal matter thank you for the compliment I just asked building owner the original problem why don't ever came forward is because of basically the interpretation of the way this was written and it was the issue about the accessory use with the ATM and I think the way Mike Bergman's reading it was that the kiosk had to be an accessory use and I just want to make sure that gets the player in this writing that the interpretation is clear maybe it just means the verb just needs to be clarified that it does not have to be an accessory used to the other building I think that's how he was reading it and that's why it's taken so long maybe it deliberately eliminated the references to the ATM machine so that somebody wanted to put a key to the machine in there they would have to come back in the kiosk however the point that was made was that this is about the kiosk and the retail office building and so the uses of the retail office building should stay relatively the same but actually reflect what's going on that's mine I like to go back to what my view is if that's desired a bigger, smaller space then come on back and we're happy to talk about it there should be basically a separate sentence regarding the ATM machine that's what we have to agree in a number of times to figure it out but once we've discussed it we propose to take it out completely because that would be an undesirable result but I don't think we should change it not to change it I'm writing this fucking story with my fellow community members that are out tonight so I'm starting this quarter hour tonight so I'm going to put out the numbers on Facebook and we've got another wall that she cited as an hour and two minutes so I'm here a little bit selfishly moving because my team is still out I don't necessarily take it by time so I support the use of the kiosk but hope it will be so successful so no colleagues will consider locating an additional site as an hour and two minutes which we've been talking about already so this is a great opportunity for businesses to contest the waters a little bit for each financial commitment so great way of thinking and I think generally we have the highest of those opportunities whether it be food trucks or things of that nature who want to be creative so I applaud your work and look forward to your success excuse me for just a moment can I ask that people stand up for this I can't see them otherwise thank you well my name is Karen Kimore and I live across the street from the kiosk and I'm sure I live right there and I also support this business that you're opening but there are three things I did want to ask about one is it's intended to bike paths bike path people are your customers there doesn't seem to be a pathway from the bike path to cross grass so maybe that should be addressed secondly I would like is that not true I was wondering what you were going to do what you were going to do in the winter of course it was empty all this time anyway but I just kind of want to know your plans for the winter and then I have a little bit of concern you did say with your your other owner that you're going to keep this area where people are going to be sitting clean and you talked a little bit about how you have the containers for people to throw their trash you know sometimes people aren't so good about that and also I can imagine some of the wonderful food being swapped onto the tables and stuff so I think some sort of consideration to be closing things down making sure that things that are on the ground that are not in the containers actually get there so those are one of them thank you thank you so much and you look forward to the new day because I live right on the corner of the bed so five years already one of Laura and I have found it's not much to count the point but one of our research is some of the different locations through all of Massachusetts and one of the things that we came away from time to time again was places that aren't clean or that aren't even things clean are really troublesome so just first and foremost all the rest of the business we want to make sure that it's clean and sanitary and we completely agree there's stuff on the ground we're going to have to really do a good job for all the day and we feel like both of us will be working in business and we do believe that we can't stay on top of it and have a an environment to follow with respect that we will empower our customers first and foremost and responsibility first so we really do plan to keep it as clean as we possibly can and if you do ever see issues and something isn't going away then you think it should please kind of talk to us directly and we'd love to talk to you about it as far as living in an actual path you're correct this dirt people ride the bikes right over the dirt and that's what they'll do one of the things I did want to mention was that the front of the location where people would be bordering is away from the bike path and in front of the building where private quality where the tables are so that we're not having a lot of people congregating or taking up space on the bike path to go around there to go on the winter could have come and go across the grass though so we should take a look at that I think if they do it the right way they would come down to where those other bike ramps are where they're cement and ride along I think coming from a mountain center it's a lot easier it might be tempted to go across the center path not whole though but that specific area of the bike path to mark their bikes and then walk up to where they are so they would keep people accommodated and they can also go around but I don't think that's just good okay we're not planning necessarily to be open during the season it's so easy and we can discuss that with our attention I think it's a warm fall we'll have to push into that with some other options but this will be our first year and we will have to see how those we have from Arbenton who's ready to go and hire a commercial architect to make sure that we have a kind of shop that's ready for everybody and we have to see how the seasons go but we're going to have a positive view I'm Patrick Hersey I'm in Berkeley in the last seven months and I applaud them for what they're doing and I think that for the empty storefronts and so many businesses they're really to be applauded for plugging away I know they've been working on this for many months and I'm hoping that the language that needs to be corrected is done so soon because I know they could have opened a few months back but we know that in the summer it's obviously a few times so I'm really hoping that this will get pushed through for a few minutes originally and hear the conversations and I support them we have members now upwards of 120 that are in our space they're always looking for a destination to walk for a healthy alternative they walk up to the heights they walk as far as stop and shop and for foods and we have now I think quite right down and would take one in the longest I'm sure so I know we have a given population that are anchoring for something like this so I'd love to see them be able to get started as soon as possible whatever attention would be whatever attention could be but I think they're going to be successful as landlord so many people have come to us interested in this space they sort of hit a roadblock of this language and well you know not going to do anything these two ways are tenacious they are passionate this business will succeed they've gone the extra mile they bring this to you they've thought of everything it's a welcome addition to Ireland to the Brigham Square community to all the residents as well we have 16 units over there and we're 98% occupying so I know that's another great source of customer support and more such I can only speak to myself I'm going to be in a hurry I'm going to go to the board so I can see every storefront so something I'll talk to you about other conversations about so I think we've heard everything there is a year coming I want to go over something I think there's something else so to avoid this ATM situation I think I understand now what the concern of us with respect to the TAs and the standalone ATM so I think what we need to do is actually add a little bit more language on the proposed language which is we're going to need to steal some language from over here so that now we say users shall be permitted under article 5 section 5 all of these different things fast order food establishments general retail, local retail and offices but I think we need to also add providing them if such use is for an ATM then such ATM be an accessory use by a commercial retail tenant of the retail building for convenience of its customers and not a separate standalone use so in other words we need to say in respect to the kiosk see that's still up in the big building we don't need it there but let's just leave it there if someone wants to come into the big building but what we need is for this to now go into our new B that's all about the kiosk so we need to because I'm assuming that an ATM is general retail and local retail it's got to fall into all of those too yeah so we need to put the caveat in there about the ATM I think to avoid you guys are going to be there for years I know you are yes we don't do that exactly and take on the old TVS space so that's where you're going to go but anyway I think if we make that that would be helpful yeah no I understand yeah I've got them here so we don't want the kiosk to be an ATM so the other thing is like but in other words if they put a bank in the main retail office building they would be allowed to have it ATM exactly at that main building if they don't it would still be in the big building it would still be in the big building it would still be in the big building no not eliminating the kiosk it does say then the kiosk could be an ATM the accessory to the main building well that's where I think we might be well we need to because I don't really want the kiosk to become an ATM regardless of the it's something that's related to the the life way but that is different than what this says because what it says now is that it can be an ATM so long as the other thing is a big bank if the other thing is a big bank I will give you the we don't have the larger original permit with us but we actually do we do original permit with us which talks about the relationship I think that this was there's some troubling ways that this was originally constructive but I'm not sure they intended to ever say that they wanted an ATM even though it's written in the way I would say I don't I think the attention was that there was an active life path related we may have allowed that but we were concerned we did my guess is we wouldn't be saying it's not allowed we would be saying that if they come back here for a special permit right now it's not exactly written that way so if they want to come back and have a special permit for the ATM that's not the way this is written exactly this is one of the challenges of the sector that's had in trying to understand what exactly the special permit condition right because we're trying to we're trying to avoid spot zoning well we're also trying to make sure that there's clear direction not just to this applicant but to other potential applicants okay but I'm less concerned about the future applicant at this meeting tonight and I think that what should happen is the landlord should come work with staff and figure out the correct language to use on A on A right on the actual special condition with respect to the retail could we find out because we asked if they were just here what their involvement was in distressing this we are known they weren't on here that's right it was again it's here saying that I wasn't there but if it's weak which the developer himself he said the accessory issue was never really considered because that was the issue again the interpretation that the inspector had was that any use at all had to be an accessory used to that main building and that's how he read it that created a problem and that may not have been the intent but it's how he interpreted it I guess that we would we would have been allowed UTM because we wanted to make sure that that tenancy happened and if there was a hardware store in there then the hardware store could sell breaks there so we realized that that would be the only way it could get leased or one way it could get leased this is actually much much better than we could expecting where you have a separate tenant and you have a separate use that's really light oriented and everything so unfortunately I would potentially recommend that I think you should re-open a special apartment for the big building we actually that's what we've done here re-open a special apartment I understand but the point that was me at the meeting was the right one which is no one wants an autonomous to go into there so from in the kiosk it would be impossible you'd be able to flip a couple of burn rooms or whatever else and yeah exactly I think it was clear before because I didn't say it couldn't be a see-it-all a chain a conventional chain I think it was clear that it couldn't be that I think it's fine the way it was for the main building for the main building so I think the main building was fine we didn't have a problem we just have to break this accessory use it's just that word accessory that turns the main building was fine we have clarity on this how we want the condition to be just for the kiosk so now we're going back to what the original condition would be in relation to the main area could we can we say no ATM in the kiosk we could say no ATM that's a lot I mean that doesn't get us into any legal trouble I that was always the reading of this original condition by the inspector so I don't understand why that did not that's not the way it's exactly written and that's been this situation in the past four years why do you want to change the conditions for the main building I don't care about the main building I'm saying what I said was if the main building can't be rented out or as difficult as renting out the main building then come back and ask us for what you want it to say with respect to the main building we should be keeping these two things separate the great building so I was just trying to avoid but the thing I was trying to avoid which I don't think is a bad thing is to say that kiosk can't just be any ATM all on its own right? because it doesn't I mean this is not ATM actually it could be if big buildings are better yes I'm saying well that's how I rented it no special division said in the 80s that the kiosk could be an ATM if the big building is a bad one and I think that then all I was trying to do was put the exact same line which that was already in here with respect to ATM only that's down here that's okay I don't think that you can't have a problem if you say provided that if such use is for an ATM I mean you can't please say to be down here well I mean I'm not trying to railroad no I do understand I do understand that that amount of use is a standard ATM is an ATM yes totally agree lightweight specific associated with the ATM that's exactly how you write it I know that it's not written it's an interpretation it's committed to that ATM and presumably whatever tenant they pull it I think that's a great change okay so let's do that yeah and if you could talk to me we would be back here definitely satisfied we might have reviewed this language before but we added that because it's totally about an ATM any problem with that so that's important which is really careful but we really don't we don't take any time because we don't want to have to this is a long process we don't want you to either so we want to make sure yes what I'll make a motion I move to approve first off the the amendment of the special permit condition number 10 the first amendment being to put in the letter A before the first special condition to remove the words both the kiosk and the third line leave the remainder and then add a part B to section 10 so B that reads as follows and I'll give this to you Jenny the developer designed the project to acknowledge common incorporate the bikeway and bikeway users into development to this end the developer on the board agreed that the kiosk reflect this intentional association with the bikeway to distinguish it from other places users shall be permitted under article 5 section 504 the bylaw paragraph 608 personal services establishments 613 vast order food establishments 616 general retail 617 local retail and 620 offices comma provided that of such uses for an ATM be an accessory use by a commercial retail tenant of the retail building for convenience of its customers and not a separate standalone use and goes down to it if the applicant seeks to incorporate a use not specifically allowed herein it shall submit a request to be held in a special one amendment would be to take that instead of provided that just cross up provided that it's actually shall be permitted to follow the uses and then period and then the next sentence is if such use is a whole separate sentence one of the problems that's been happening is it sees you all extend together that sounds great second you want to do that one you want to do two let's amend this and then we'll all in favor and then I move to approve the special permit request or application sorry of U.S. brief operating square mass dotted number 386 as rejected to this meeting second all in favor thank you thank you so much thank you so good to see you thank you thank you thank you thank you thank you thank you thank you thank you thank you thank you thank you thank you thank you thank you thank you thank you thank you thank you thank you I also came up with a very exclusive plan about how I can drop off and pick up children because that's for the school use. I talked to other tenants in the building about this new tenant coming in. People seem to be okay with the way this is going to go, and definitely okay with the limited time market. This would be the sort of plan. This is the gap between now and when. Ideally, we'd want to see ACA go into the building as of July 1, 2017. And this would also allow ACA to have exclusive access to the property, should they need to, which property it is. I'm glad to have answered any questions about the program or the Milbrook program. Hi, I'm Abby Jagger. I'm the high school principal. I talk a lot about making jokes about having a juice bar within 500 feet of the school. Three of these tenants. I'm here to answer any questions if you'd like to hear about the Milbrook program or how we use it. Yeah, we agree. So the Milbrook program is an evaluation and transition program that we've been running down for two and a half years. We've actually been sharing a space with the higher-up church. They let us use some of the religious school space. They're not using it during the school week. So they're very nice tenants that we use to live in sort of making do. So this is a lot more space than we need when we're just using two sort of up and down spaces to decide because those are sort of closed when we can make the space there. About 45-50 students a year run through that program. The students are only there about 40 days. So we never really have about more than about 10 students at a time. There are anywhere from two to four staff members running through those students. And any of your attention is fairly high on that supervision. It does allow us an opportunity to let students who are not ready to go on the main building need to be evaluated and come through that program and be evaluated. So that's what we need. This is nice to have a nice use of the bill. I think that in that period of time, it's great for you to fall in line with the bill. Absolutely. So are you looking for the chair to be able to sign the lease? Or how do you want to go about that on this? I was going to suggest that actually we circulate for signature another copy. I don't know if you have this. Do you have the signature page? Oh, why do we also have it, sir? I'm more of the chairman. Yeah, yeah, yeah. Oh, I'm sorry. I'll do it on track. Some of the other things that I would like to talk about. You want us to report the last page if you don't think so. Yeah, what do you mean? All right. Mine? Last page. Okay, so move to approve the lease and authorize the chairman to sign the lease as presented. This is the lease we want. Okay. The lease is presented to us in respect of the next 10 months at the center. It comes after today. According to the lease. They are actively working to get it out of this page. Good. I'll second that. All in favor? Aye. Sign the way. Thank you. Thank you for your patience as well. Anybody else have anything to add? Thank you. Have a great night. All right, very quickly. There's been some stacking updates. The last man standing is Matt Strasper. He's joining the department actually next Monday. He went to the conference already. Yeah, he didn't hear a game. Wow, this is the last test. He approved himself. I was kicking the screen. Oh, this is not so long. Yeah, exactly. You're more than welcome to just introduce yourself into the board. Well, on that Strasper, I'm coming from Ashland, Mass. So this is really a different ball game. I'm very excited to be here. It's a really fantastic community. Jenny and I was fantastic. I'm looking forward to working with her and you guys. This is great. Thank you. Welcome. Welcome. Thank you. We're working on what was really successful. Shannon is now a senior planner. And we'll be working with a number of different committees. Lots of different projects. Helping some of these ARB reports. The CBA memos reports. A lot of other special projects. Great. I'll lower it to Matt. It's hard to say it again. Thank you. A four-turn event is happening now. Ted Field and that's his presentation. And his last day of the Friday. So we've already quickly posted the economic development coordinator position. I actually renamed it and made it some new responsibilities to make a more actual oriented position. And as I said, I just posted it, so it should be out for the next couple of weeks. And then similarly, I was very close to hiring two different people for the CDPG administrator job. Unfortunately, neither of them two relaxed into a definitive candidate. I turned down the offers. So I reposted that position as well. So that's the staff update. And then I listed just for you, because I think the last time I made my reports, I've been sort of rattling off lots of different meetings and meetings and dates. So I've put them into as many as I could think of. I'm positive that I'm missing that. Because there's lots of meetings and committee meetings and other things come up as we know. But these are things that are definitely on the near horizon. They're happening, actually, after you're meeting on 12. But I figured I would just let you know so you can keep a lot of them in your calendar. Some of you are actively engaged in these different meetings like the zoning recrification working group, Milmore Study Group, et cetera. And then I just wanted to say, on the zoning recrification working group, we had a great first meeting a couple of weeks ago. I had been tasked with creating an RFP for consulting services for consent to the public on the actual zoning recrification. I had a really good first draft of that RFP. Committee is going to look at it on September 1st. And then I'm very hopeful that, soon thereafter, I'll be able to actually advertise that RFP. So that we can get somebody to help us with this zoning bylaw, to have correct uses, and other things called us to do our work. So I just wanted to give you that big update. I'm not going to be meeting some of the things into a game today. So any questions on our work? And if you give us a schedule for the upcoming meetings, we can submit any other public hearings. So with the exception of this one being continued, I don't have a good sense that there's a possibility that they have at least two signed hearings, potentially, for brand new signs, and then possibly one restaurant. I'll come and look for us. I just wanted to make sure that we had these meeting dates because they've actually, there was one date that was in the past in October, it was like that one day. So you only, with this, you only have one meeting in October. Where can you choose if you want to meet an additional October date that we've made up, kind of talking about that in two. Holidays at entropy, and then we also have a couple of events in the future. Yeah. All right. Thank you for talking to me. So. Okay, well as we get to the next one, I'll just show you what I just talked about. Looks like there's anything to memorize. Oh, sorry. Let's check that out. Kid. Yes. Yeah, well I think we've got an answer for this one. Yeah, you're so good at this. But before we move to our next, make a little bit of a suggestion on when the new economic development version comes in, that you tackle Part A now of the rhythm, because, you know, I want the inspector, I want the inspector to be okay with what goes in. It's just that I think, you know, I kind of want to, personally, I want to do a little bit more of an analysis of what's expected in that space, and have that conversation. It does, and by the way, I've looked into any feedback that you might have for me regarding the challenge of working here. Yes, Justin's got a lot of, you know, your expectations, or at least you'd like to see them do any feedback on how, for the last three years, having that, that's a new work position in town, the last three years have gone, I guess it's four years have gone. So, please feel free to ask. Less than four years. Yes, okay. Minutes. I didn't have any comments, I had a motion to approve the minutes. Okay. All in favor. All right, aye. Move to adjourn. Second. All in favor. Aye. Thank you, everyone. Thank you. Yeah.