A zoning petition has been received from Healthy Pharms Inc., to amend the provisions of the Medical Marijuana Overlay …

Madam Clerk Lopez:

Included herewith is a zoning amendment petition sponsored by Healthy Pharms Inc. ("HPI"), a Massachusetts Registered Marijuana Dispensary ("RMD") operator to amend the provisions of the Medical Marijuana Overlay district section 20.700 of the Cambridge Zoning Ordinance and Map. The enclosed petition satisfies the original factors that were the basis for the establishment of the original two Medical Marijuana Zoning Districts in 2013.

First, "[a]llowed Uses: RMDs would only be allowed in districts that otherwise allow commercial uses." March 8, 2016 letter from Jeff Roberts to the Planning Board Re: Sage Cannabis, Inc., Zoning Petition (hereinafter "Roberts' Letter"), pg. 3.

The enclosed zoning petition contemplates that MMD-4 be "coterminous with the portions of Base Zoning Districts: Business B (BB) and Office-3 (0-3), tha:'t are within the Harvard Square Overlay Zoning District." Section 4.35 of the Use Regulations of the Zoning Ordinance for the City of Cambridge contemplates commercial uses as allowed in Business B (BB) and Office-3 (0-3). Second, "[t]ransportation: Areas with access to regional roadways and public transportation would be preferred." Roberts' Letter, Pg. 3.

The portions of Harvard Square contemplated in this petition are accessible from John F. Kennedy St., Mt. Auburn St., Elliot St., and Brattle St. Additionally, Massachusetts Ave., and Memorial Dr. service this area of Cambridge. Finally, Harvard Square is serviced by the Red Line, and 10 different bus lines. The proposed zoning amendment satisfies this factor. Third, "[p]ublic Safety: Areas that are isolated and difficult to reach for emergency vehicles would be excluded." Roberts' Letter, Pg. 3.

Harvard Square is not isolated, nor is it difficult to reach when viewed in the context of traffic in Cambridge and the greater Boston area. Fourth, "[u]rban Character: State-imposed security regulations would require an RMD to be inaccessible, physically and visually, to the general public. This could be disruptive in areas with an active streetscape character, such as squares and retail corridors." Roberts' Letter, Pg. 3.

HPI's proposal for siting an RMD in Cambridge will not disrupt the active streetscape character of Harvard Square. HPI's specific proposal is to site at 98 Winthrop St., at the Red House restaurant. Subject to all local and state approvals, HPI intends to use what is currently the entrance to the Red House restaurant as the dispensary entrance. Immediately inside will be a security check- point followed by a long hallway leading to the back of the building.

What is currently the dining room will be converted to the dispensary. In order to keep the look and feel of the area, the current dining patio and bar area will become the Red House Oyster Bar. While both establishments will be in the same building there will be architectural and security separation. The front door is set back 19 feet from the sidewalk. Only the front door of the current Red House Restaurant will be used solely for the RMD.

Fifth, "[b]uffers from Sensitive Uses: State regulations dictate that RMDs should be located at least 500 feet from schools or other facilities that have programming directed toward children. Municipalities are permitted to set their own distance standards. Federal enforcement may also be an issue where RMDs are proximate to such uses." Roberts' Letter, Pg. 3. Harvard Square is a dense urban environment.

It is extremely difficult to find an available location in Harvard Square to site an RMD and maintain the 500-foot setback from places children commonly congregate. Other communities have reduced this setback below the 500-foot suggestion as described in 105 CMR 725.11 O(A)(14). For instance, in Kingston Massachusetts, their setback from places children commonly congregate is 100 feet. Town of Kingston Zoning By-Laws, Revised Through Sept. 2015, section 4.8.3.7.4.5.

Given the virtual impossibility of siting within Harvard Square without reducing the 500-foot requirement, and the important patient access that would be provided by such a location, the included zoning petition contemplates reducing the 500-foot setback to 250 feet, by way of direct pedestrian access. In addition to HPI's proposal satisfying the original factors used when devising zoning for RMD use in Cambridge, HPI will comply with all special permit criteria.

HPI will work with the Planning Board and the City of Cambridge to address any site- specific impacts that may require mitigation including but not limited to parking and traffic, loading and service activity, and conformance with urban design objectives. HPI will comply and work closely with the Cambridge Public Health Department, the Planning Board, the lnspectional Services Department and the Police Department. HPI seeks to be a responsible and transparent member of Cambridge's thriving business community.

In addition to compliance with factors of the original RMD zoning in Cambridge, and any additional requirements set forth by the Planning Board and other City departments, in the event that HPI is able to site a RMD in Harvard Square, as contemplated by the enclosed petition, HPI commits as follows: 1.

Prior to the initiation of operations at the facility, HPI will develop a data collection and reporting program to provide the City of Cambridge with information specific to the operation of a medicinal marijuana dispensary facility in Cambridge's dense urban environment, of genuine public interest, and which maintains the privacy of patients. HPI further agrees to provide the details of its data collection program to the City for review.

The data collected by HPI and reported to the City of Cambridge will include, but not be limited to, the following information: i. The number of persons that visit HPI per day, not to include employees, whether or not they are patients; 11. The number of patients that are denied service during the operating period; iii. The patient's city of residence; iv. A report of the times of the day patients visit the dispensary, averaged over the course of the reporting period; and v.

The patient's method of travel to the HPI dispensary. 2. That such information and any other information that the Public Health Department deems to be of genuine public interest, will be provided to the City for a period of three (3) years following the opening of operations, on a biannual schedule, in January and July. 3.

HPI will commit an additional $25,000 per year to one or more local charities to be chosen by a board of local stakeholders, including a representative of the Harvard Square Business Association, a local community leader, a member of the HPI Board of Directors, and a Cambridge City Councillor, or a designee of the Cambridge City Council. 4. HPI commits to working with local law enforcement on the implementation of a detailed security plan that will satisfy the concerns of Cambridge City Departments. 5.