A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation to adoption the Cannabis Delivery Zoning Petition

CITY OF CAMBRIDGE, MASSACHUSETTS P L A N N I N G B O A R D CITY HALL ANNEX, 344 BROADWAY, CAMBRIDGE, MA 02139 Page 1 of 2 Date: December 14, 2020 Subject: Cannabis Delivery Zoning Petition Recommendation: The Planning Board recommends ADOPTION. To the Honorable, the City Council, The Planning Board (the “Board”) held a public hearing on November 24 on a Zoning Petition (the “Petition”) by City Council (the “Petitioner”) to Amend Articles 2.000, 4.000 and 11.000 of the Zoning Ordinance of the City of Cambridge to create a new land use definition and associated regulations for “Cannabis Delivery-Only Retailers.” The proposed amendments would establish a new land use, “Cannabis Delivery-Only Retailer,” which would be allowed in Industry B-1 and B-2 zoning districts by special permit from the Planning Board. Such an establishment would be further limited in size to not exceed 10,000 square feet of gross floor area. Existing definitions for Cannabis Microbusiness would be amended to enable delivery of cannabis products directly to consumers if so licensed by the Cannabis Control Commission (CCC). Article 11.800 Special Regulations would also be amended to expand the special permit submittal requirements to include delivery functions within the Logistics Plan. At the November 24 hearing, the Board heard a presentation by Councillors McGovern and Nolan and testimony from the public, and also received information from City staff. Following discussion and deliberation, Board members generally expressed strong support for allowing home delivery of cannabis products within the City of Cambridge, and particular support for allowing home delivery by Cambridge-based businesses, especially since other businesses outside of Cambridge are permitted to deliver to homes within Cambridge. Board members raised a few specific issues for further consideration: • Because new regulations are being contemplated by the CCC at the state level, Board members questioned whether it would be best to wait for those regulations to be finalized in order to better align with any new zoning. • Board members noted that there are different models under which a cannabis delivery business might operate, including operations with warehousing and distribution facilities on- site, as well as businesses operating under a “courier” model that consists only of vehicles

City of Cambridge, MA • Planning Board Recommendation Cannabis Delivery Zoning Petition December 14, 2020 Page 2 of 2 transporting products directly from Cannabis Retail Stores to consumers’ homes. In the former case, it may be appropriate to limit facilities to certain districts, though some Board members suggested that districts other than only Industry B-1 and B-2 could be considered. In the case of purely “courier” operations delivering to homes from Cambridge-based Cannabis Retail Stores, Board members opined that overly restrictive zoning regulations would be unnecessary. • Board members noted that Cannabis Retail Stores that have already been granted a special permit are prohibited from home delivery operations by the conditions of their special permits. Planning Board members requested that Community Development Department staff work with the Law Department to determine if these retailers could be permitted to add home delivery as a component of their business without requiring separate amendments to each of those special permits. Overall, Board members supported being as permissive as possible in allowing retailers within Cambridge to utilize home delivery. At the conclusion of Board discussion, the Board voted 5-0 to transmit a favorable recommendation on the Petition. Respectfully submitted for the Planning Board, Mary Flynn, Vice-Chair.