Ron Strider
Well-Known Member
The planning board OK'd a special permit on Aug. 24 for a medical marijuana dispensary to be run by Newton-based Heal Inc. at the Gately McHoul Funeral Home at 94 Harry Kemp Way – with the condition that it will never sell recreational pot.
"A medical marijuana dispensary is what we intend to do," Heal's attorney, Katherine Adams of Schlesinger and Buchbinder, told the board. "Heal will be working over the next couple of years making [marijuana] strains tailored to specific illnesses. Patients will receive education related to their condition and medical help. [There is] also a financial reason to take advantage of medical marijuana – there's no tax on it, and the recreational tax is rather hefty."
Though medical marijuana has finally found a location in town – it was legalized in 2012 and Heal plans to open in mid-2018 – the planning board's approval means that the funeral home, the last left in Provincetown, will be laid to rest. Gately McHoul opened in 1985 and has held funerals for everyone from Pulitzer Prize-winning author Norman Mailer to iconic doryman Eddie Ritter. The closest funeral home, after Gately closes, will be Nickerson in Wellfleet.
The fight against Heal, which faced opposition from neighbors and other citizens starting in March, is over, despite a petition that sparked a Sept. 13 Special Town Meeting. Organized by Stephanie Page, the petitioned article asks voters to amend the town's zoning bylaws so that pot dispensaries will be allowed to operate only in commercial districts, such as on Shank Painter Road, rather than in mixed-use areas like Harry Kemp Way. Because Heal had already applied for and received its special permit, it is now grandfathered and thus exempt from any changes in the law that may occur at the upcoming meeting.
"The effect of filing this plan [on Aug. 1] was to freeze the current zoning bylaws related to use at the site for a period of three years," Adams said by email on Sunday. "If the residents of Provincetown vote to alter medical marijuana zoning at the Special Town Meeting next month, the zoning freeze will protect 94 Harry Kemp Way from any such changes. ... In Massachusetts, the courts have approved of such freezes to provide predictability to developers during the planning and permitting process, which can frequently entail delays."
"Because it wasn't clear if [Heal] would get the special permit or not, they filed an approval-not-required plan, which gave them a three-year freeze on zoning changes," Assistant Town Manager David Gardner confirmed by phone on Monday.
A second medical marijuana dispensary, called Mass Organic Therapy, wants to take over Karen DePalma's law office at the corner of Harry Kemp Way and Conwell Street. This dispensary would not be grandfathered if voters approve the Special Town Meeting article.
"Once the petitioned article was submitted it put both of those applications in jeopardy," Town Planner Gloria McPherson said on Monday. "[Heal] made a strategic move. ... If the zoning changes in Res 3 and Res b [districts], then [Mass Organic Therapy's] application will have to be withdrawn."
Despite the zoning freeze, Page pleaded with planning board members to consider the neighbors' concerns.
"We don't have any protectors other than you right now," Page said. "We know the town can benefit, but we are asking you to search in your hearts. Residents will have to live with this every day. Why can't it be in a commercially zoned area?"
But Adams said the dispensary will benefit the community.
"With respect to the special permit, we ask the board to look at the social, economic and other benefits," Adams said. "We will provide convenient access and provide medicine to people in town and those on the Outer Cape."
Roger Chauvette, who lives at Maushope Senior Housing at 44 Harry Kemp Way, said he is mostly concerned about pedestrian traffic.
"There is this presumption that everyone will drive [to the dispensary], but most that need medicine will be handicapped and will arrive by foot or by scooter," Chauvette said. "I do not see any accommodation for that. There's no sidewalks in the area. People will be walking in the street in the winter."
Others agreed.
"I think the bottom line is that there are significant traffic and safety concerns," Mary Jane Canavan said. "Just to reiterate: this is a facility that belongs in a commercial district that is set up to handle it. It does not belong in a residential area."
Planning board Chair John Golden, the sole member of the board who voted against the special permit, said he feels the Harry Kemp Way area should be left "as natural as possible."
"I love Howland Street and I'm glad this has gone through with no big sidewalks that will ruin the outback of Provincetown. ... If we start throwing sidewalks in it won't be the same," Golden said. "I applaud everything you've done, but it kills me to see more business on Howland and Harry Kemp. I just don't like the thought of increased business."
Board member Brandon Quesnell said that all of his concerns had been satisfied.
"With your commitment to restrict recreational sales, I'm in favor," he said.
Voters at the Sept. 13 Special Town Meeting, which begins at 6 p.m., will also be asked to increase the town's share of the recreational marijuana sales tax from two to three percent; to amend the bylaw on trimming, cutting or removing public shade trees by lowering the highest fine level from $500 to $300; to amend the zoning bylaws related to how building height is measured; and to clarify the definition of "natural grade."
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Provincetown’s last funeral home will go to pot - News - Wicked Local Cape Cod - Cape Cod, MA
Author: Katy Ward
Contact: Contact Us - Wicked Local Cape Cod - Cape Cod, MA
Photo Credit: Scott L Miley
Website: Wicked Local Cape Cod: Local & World News, Sports & Entertainment in Cape Cod, MA
"A medical marijuana dispensary is what we intend to do," Heal's attorney, Katherine Adams of Schlesinger and Buchbinder, told the board. "Heal will be working over the next couple of years making [marijuana] strains tailored to specific illnesses. Patients will receive education related to their condition and medical help. [There is] also a financial reason to take advantage of medical marijuana – there's no tax on it, and the recreational tax is rather hefty."
Though medical marijuana has finally found a location in town – it was legalized in 2012 and Heal plans to open in mid-2018 – the planning board's approval means that the funeral home, the last left in Provincetown, will be laid to rest. Gately McHoul opened in 1985 and has held funerals for everyone from Pulitzer Prize-winning author Norman Mailer to iconic doryman Eddie Ritter. The closest funeral home, after Gately closes, will be Nickerson in Wellfleet.
The fight against Heal, which faced opposition from neighbors and other citizens starting in March, is over, despite a petition that sparked a Sept. 13 Special Town Meeting. Organized by Stephanie Page, the petitioned article asks voters to amend the town's zoning bylaws so that pot dispensaries will be allowed to operate only in commercial districts, such as on Shank Painter Road, rather than in mixed-use areas like Harry Kemp Way. Because Heal had already applied for and received its special permit, it is now grandfathered and thus exempt from any changes in the law that may occur at the upcoming meeting.
"The effect of filing this plan [on Aug. 1] was to freeze the current zoning bylaws related to use at the site for a period of three years," Adams said by email on Sunday. "If the residents of Provincetown vote to alter medical marijuana zoning at the Special Town Meeting next month, the zoning freeze will protect 94 Harry Kemp Way from any such changes. ... In Massachusetts, the courts have approved of such freezes to provide predictability to developers during the planning and permitting process, which can frequently entail delays."
"Because it wasn't clear if [Heal] would get the special permit or not, they filed an approval-not-required plan, which gave them a three-year freeze on zoning changes," Assistant Town Manager David Gardner confirmed by phone on Monday.
A second medical marijuana dispensary, called Mass Organic Therapy, wants to take over Karen DePalma's law office at the corner of Harry Kemp Way and Conwell Street. This dispensary would not be grandfathered if voters approve the Special Town Meeting article.
"Once the petitioned article was submitted it put both of those applications in jeopardy," Town Planner Gloria McPherson said on Monday. "[Heal] made a strategic move. ... If the zoning changes in Res 3 and Res b [districts], then [Mass Organic Therapy's] application will have to be withdrawn."
Despite the zoning freeze, Page pleaded with planning board members to consider the neighbors' concerns.
"We don't have any protectors other than you right now," Page said. "We know the town can benefit, but we are asking you to search in your hearts. Residents will have to live with this every day. Why can't it be in a commercially zoned area?"
But Adams said the dispensary will benefit the community.
"With respect to the special permit, we ask the board to look at the social, economic and other benefits," Adams said. "We will provide convenient access and provide medicine to people in town and those on the Outer Cape."
Roger Chauvette, who lives at Maushope Senior Housing at 44 Harry Kemp Way, said he is mostly concerned about pedestrian traffic.
"There is this presumption that everyone will drive [to the dispensary], but most that need medicine will be handicapped and will arrive by foot or by scooter," Chauvette said. "I do not see any accommodation for that. There's no sidewalks in the area. People will be walking in the street in the winter."
Others agreed.
"I think the bottom line is that there are significant traffic and safety concerns," Mary Jane Canavan said. "Just to reiterate: this is a facility that belongs in a commercial district that is set up to handle it. It does not belong in a residential area."
Planning board Chair John Golden, the sole member of the board who voted against the special permit, said he feels the Harry Kemp Way area should be left "as natural as possible."
"I love Howland Street and I'm glad this has gone through with no big sidewalks that will ruin the outback of Provincetown. ... If we start throwing sidewalks in it won't be the same," Golden said. "I applaud everything you've done, but it kills me to see more business on Howland and Harry Kemp. I just don't like the thought of increased business."
Board member Brandon Quesnell said that all of his concerns had been satisfied.
"With your commitment to restrict recreational sales, I'm in favor," he said.
Voters at the Sept. 13 Special Town Meeting, which begins at 6 p.m., will also be asked to increase the town's share of the recreational marijuana sales tax from two to three percent; to amend the bylaw on trimming, cutting or removing public shade trees by lowering the highest fine level from $500 to $300; to amend the zoning bylaws related to how building height is measured; and to clarify the definition of "natural grade."
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Provincetown’s last funeral home will go to pot - News - Wicked Local Cape Cod - Cape Cod, MA
Author: Katy Ward
Contact: Contact Us - Wicked Local Cape Cod - Cape Cod, MA
Photo Credit: Scott L Miley
Website: Wicked Local Cape Cod: Local & World News, Sports & Entertainment in Cape Cod, MA
