A recommendation from the Planning Board to adopt, with modifications, the Healthy Pharms, Inc. Zoning Petition

District in Harvard Square)

Recommendation: The Planning Board recommends ADOPTION, with modifications. To the Honorable, the City Council, The Planning Board held a public hearing on this zoning petition on August 16, 2016. The Board heard testimony from representatives of Healthy Pharms, Inc., Community Development Department (CDD) staff, and interested members of the public.

The proposal would establish a new Medical Marijuana Overlay District (MMD-4) within portions of the Harvard Square Overlay District zoned Business B and Office 3, the highest- density commercial zones in that area. Registered Marijuana Dispensaries (RMDs) would be allowed within the overlay district, but would require special permit approval by the Planning Board.

The special permit process would consider factors such as transportation, urban design and potential impacts of the RMD on surrounding uses, and would also consider whether the proposed RMD would be providing needed service to the area. According to the petition, only retail dispensing activities, and not cultivating activities, would be allowed within the proposed MMD-4 district.

The Board believes that the proposed districts in Harvard Square would be suitable locations for an RMD, based on their commercial character, central location and availability of various modes of transportation. The special permit process would allow the Planning Board to make sure that specific proposals are sited and designed to fit with the character of Harvard Square, applying the criteria for approval of an RMD along with the Harvard Square Development Guidelines and other planning objectives for the district.

The Board also believes that reducing the required buffer from schools or other facilities in which children commonly congregate (as defined in state regulations) from 500 feet to 250 feet is appropriate, given that the distance is somewhat arbitrary, and the Board would still be able to assess potential impacts through the special permit process in a way that considers the unique characteristics of the site.

Regarding some details of the petition, the Board does not support requiring a setback of 15 feet from the street, because this setback would not serve to mitigate any potential impacts of an RMD, and is a condition with which most sites in Harvard Square would not be able to comply. The more relevant concern is the potential “deadening” effect of an RMD on the retail streetscape, given the access limitations and security requirements, and that could be mitigated,

City of Cambridge, MA • Planning Board Recommendation

Healthy Pharms, Inc., Zoning Petition (Medical Marijuana Overlay District in Harvard Square) Page 2 of 2 for example, by locating RMDs above or below the ground floor, or by locating them in close proximity to active retail uses while requiring only minimal street frontage to access the RMD (as shown at the proposed Winthrop Street location). These issues would be addressed through the Board’s special permit review. Also, the Board does not find it necessary to express a preference for areas with access to pedestrian and public transportation, given that any potential site in Harvard Square would conform to that standard. Therefore, prior to adoption, the Board recommends striking paragraphs (b) and (d) from proposed Section 20.705.2 of the petition. Regarding medical marijuana zoning in general, the Board is supportive of the City considering whether RMDs should be allowed in other areas of Cambridge (but still subject to special permit review and approval by the Planning Board). For example, if it is appropriate to allow RMDs in Harvard Square, it may be similarly appropriate to allow RMDs in comparable transit-oriented commercial squares such as Porter Square, Central Square and potentially Kendall Square. While there are some advantages to the recent practice of reacting to zoning proposals one district at a time, which allows for direct discussions with prospective RMD operators, there could also be benefits to a more proactive, citywide approach that would provide clear guidance to prospective RMD operators in advance of making a proposal. Attached is a report from CDD staff, providing some additional information and analysis related to zoning for medical marijuana at a citywide level. Respectfully submitted for the Planning Board, H Theodore Cohen, Chair.

CITY OF CAMBRIDGE

COMMUNITY DEVELOPMENT DEPARTMENT

IRAM FAROOQ

Planning Board

To: Assistant City Manager for

Community Development

From: Jeff Roberts, Land Use and Zoning Planner

Date: August 9, 2016

Re:

Medical Marijuana District (MMD) Zoning Petitions

Overview There are currently two zoning petitions before the City Council to amend the Medical Marijuana Overlay Districts (MMDs) in the Cambridge Zoning Ordinance. Both are petitions by groups of Cambridge residents, but are organized by Registered Marijuana Dispensary (RMD) operators who are seeking approval through the Massachusetts Department of Public Health (MDPH) medical marijuana program.

The first petition is by Healthy Pharms, Inc., proposing to create a new MMD-4 in Harvard Square in areas zoned Business B (BB) and Office 3 (O-3). This petition will be heard by the Planning Board on August 16. The second petition is by the William Noyes Webster Foundation, Inc., to expand the current MMD-1 to include areas zoned Industry B-2 (IB-2) west of Smith Place. This petition will have a future hearing. During the recent discussion of the Sage Cannabis, Inc.

Zoning Petition, questions were raised about whether Cambridge's medical marijuana zoning should be reassessed in a more comprehensive way. Although the two petitions under consideration will be heard separately, it seemed beneficial to review them within this broader context of medical marijuana zoning citywide. The first part of this report focuses on medical marijuana zoning and regulations in general, rather than the specific proposals. Then, comments on each individual proposal are provided at the end.

Background In 2013, Cambridge adopted zoning regulations for RMDs following the promulgation of statewide medical marijuana regulations. These regulations allow RMDs to be established only within the designated MMDs, and only after the granting of a special permit by the Planning Board. Since 2013, no proposals have been made within the original MMDs, but there have been proposals to expand or enlarge the MMDs.

The Sage Cannabis, Inc. petition is the only such proposal to be adopted thus far (establishing the MMD-3 District in 2016), and Sage Cannabis is also the only RMD to apply for and receive a special permit from the Planning Board. 344 Broadway An RMD cannot be established in Cambridge unless it has been approved at the state

Cambridge, MA 02139

level by the MDPH. The state approval process is discussed on the following page, and Voice: [phone removed] more information is available at www.mass.gov/medicalmarijuana. Fax: [phone removed] TTY: 617 349~4621 www.cambridgema.gov