Application o ,y
Town of Dartmouth
Office of the Zoning Board of Appeals
400 Slocum Road,Dartmouth,MA 02747
Telephone(508)910-1868 • Fax(508)910-1833
•
APPLICATION
VARIANCE/.CHANGE OF USE VARIANCE.
CASE# aoal -oq
(Assigned by Zoning Staff Assistant)
SUBJECT PROPERTY ADDRESS
747 State Road, Dartmouth, MA
Map(s) 163 Lot(s) 54 Book(s) & Page(s) 12609-38
PROPERTY OWNER:
Name: Jian Goo Zhang, Tr. , 747 State Road Realty Trust
Mailing Address: c/o John E. Williams, Esq. , 651 Orchard St. , Ste. 200, New
Telephone Number: Bedford, MA 02744 508-992-7911
E-mail Address: jwilliams@wqolaw.com
PRESENT OWNERSHIP SINCE: 10-23-2018
***If the Owner or Applicant/Petitioner is a Corporation or LLC, a certificate of good
standing must be attached to this application.
APPLICANT/PETITIONER, IF DIFFERENT FROM OWNER: Apotho Therapeutics Dartmouth, Inc ,
REPRESENTATIVE(S) FOR APPLICANT/PETITIONER
Relationship to Property Owner(Example—Spouse,Attorney,Engineer) Attorney
Name: John E. Williams, Esq.
Mailing Address: 651 Orchard St. , Ste. 200, New Bedford, MA 02744
Telephone Number: 508-992-7911
E-mail Address: jwilliams@wqolaw.com
Relationship to Property Owner(Example—Spouse,Attorney,Engineer)
Name:
Mailing Address:
Telephone Number:
Describe what is proposed for this property: •
An adult—use retail marijuana establishment selling recreational marijuana
and related products
Existing Utilities: Town Water&Sewer X Private Well&Septic Town Water&Septic
Proposed Utilities:Town Water&Sewer Private Well&Septic Town Water&Septic
Application:Variance/Change of Use Variance(Rev.3/2017) Page 1 of S
ZONING DETERMINATION
The Board recommends that the Applicant/Petitioner schedule an appointment with the Zoning
Enforcement Officer to assist with this portion of the application.
Call the Building Department at(508) 910-1820 for appointment.
Zoning District General business
Is this property located in any overlay district? Yes X No
If yes,which overlay district? Aquifer protection district
Is this property located in the flood zone? Yes No X
Has there been action taken by the Board of Appeals regarding this property?Yes No X
If yes,when?
State the exact nature of action or relief requested by this application and cite the applicable
by-law(s) and/or by-law section(s).
See attached Exhibit "A"
Zoning Enforcement Officer Comment:
See attached Exhibit "C" Zoning Enforcement Officer's Denial Letter
Zoning Enforcement Officer's Signature(Recommended):
Date:
Application:Variance/Change of Use Variance(Rev.3/2017) Page 2 of 5
VARIANCE/CHANGE OF USE VARIANCE
In order to grant a Variance,the Applicant/Petitioner must comply with M.G.L. Chapter 40A,§l0.
Section 10. The permit granting authority shall have the power after public hearing for which notice has
been given by publication and posting as provided in section eleven and by mailing to all parties in
interest to grant upon appeal or upon petition with respect to particular land or structures a variance from
the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically
finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or
structures and especially affecting such land or structures but not affecting generally the zoning district in
which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve
substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be
granted without substantial detriment to the public good and without nullifying or substantially derogating
from the intent or purpose of such ordinance or by-law. Except where local ordinances or by-laws shall
expressly permit variances for use,no variance may authorize a use or activity otherwise permitted in the
district in which the land or structure is located; provided however, that such variances properly granted
prior to January first,nineteen hundred and seventy-six but limited in time.may be extended on the same
terms and conditions that were in effect for such variance upon said effective date.
Describe how this application meets the criteria for the above-stated statute:
See Exhibit "B"
Signature of Applicant: �I � 6C.R. 1` i
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Signature of Owner(If other than Applicant): j 16il+^ U 0-- -4 41t C
Date: 14 y 1-0 9-1
Application:Variance/Change of Use Variance(Rev.3/2017) Page 3 of 5
L
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SIGNATURE SHEETS
The Board recommends that you meet with the following offices prior to submitting your application.
If a department does not apply to your case, write N/A(not applicable)on the signature line.
PLANNING DEPARTMENT—(508) 91 0-1 816
Meet with the Planning Director:
• For all projects
Comment:
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Planning Director's Signature: .Z. Date: 57,Q raj
BOARD OF HEALTH—(508) 910-1804 /
Meet with the Director of Public Health if:
• You are requesting an expansion or addition to a residential/commercial structure
• The subject property is in the Aquifer District,Flood Zone,or an environmentally sensitive
area
• There are septic system or private well concerns
• Your proposal involves food or hazardous waste
Comment: I •
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'')Director of Public Health's Signature: C ��(;'' `�," Date: 57l ; j• 2.4j i,/
CONSERVATION—(508) 910-1822
Meet with the Environmental Affairs Coordinator:
• To see if any of their regulations apply
• To file an A-1 site inspection for any type of construction that may occur
• If the subject property has any potential wetland issues
9 If the subject property is in the Aquifer District,Flood Zone, or an environmentally sensitive
area
Comment:
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Environmental Affairs Coordinator Signature: t...1 " Date: OSc>6• ZoL
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Application:Variance/Change of Use Variance(Rev.3/2017) Page 4 of 5
SOIL BOARD—(508) 910-1804
Meet with the Soil Board Agent:
• If any type of dredging, digging,or mining is being performed on the parcel in question.
Comment:
Soil Board Agent Signature: Date:
DEPARTMENT OF PUBLIC WORKS—(508) 999-0740 Ext.220
All plans involving the construction of roads and/or utilities must be seen by the Department of Public
Works prior to submission.
The DPW will require a fee for plans involving road construction, drainage, water or sewer mains and
services.
Comment:
Director of Public Works Signature: Date:
More Contact Information
Select Board's Office (508) 910-1813
Town Clerk(508) 910-1800
Fire Departments
District 1 —(508) 996-1596
District 2— (508) 636-2441
District 3 —(508) 994-6761
Safety Officer(508) 910-1754
Zoning Board of Appeals-Zoning Staff Assistant/Principal Clerk t (508-910-1868)
-1014111.1
Application:Variance/Change of Use Variance(Rev.3/2017)
Exhibit "A"
The petitioner is requesting to allow a marijuana retail sales establishment in the general business
and aquifer protection district and seeks a use variance pursuant to Article 43, Section 375-4.3.
The existing building was last used as a restaurant but the owner has been unable to find a
current tenant as the restaurant industry and the lack of retail interest has been devastated by the
Covid pandemic. The most feasible alternative use for the existing building is the proposed use.
The proximity to the applicant's proposed marijuana cultivation and product manufacturing
facility makes it ideal and keeps manufacturing and sales proceeds in town.
Exhibit"B"
The subject parcel is within the general business district and was designed and built as a
restaurant/club. Due to the lack of retail and restaurant interest and the growing number of
unrented/abandoned retail outlets in town make it impossible to find a tenant which affects this
parcel directly. The last restaurant at the site was issued numerous health and building code
violations which resulted in being shut down by the Board of Health. Numerous prospective
purchasers and/or tenants are not interested due to the property's past history. Denial of the
applicant's'proposed use, which is suitable for this building would involve a substantial hardship
to the petitioner as the property has been rendered useless for its intended purpose as a
restaurant. All of the proposed operations will take place inside within an enclosed commercial
building which is isolated from residential uses. The proposed use will generate significantly
less traffic and impact to Rt. 6/State Road then if was located on the Faunce Corner Road
corridor which is heavily impacted by business and medical traffic. Relief may be granted
without detriment to the public good. Granting the variance will not nullify or substantially
derogate from the intent and purpose of the zoning by-law. The petitioner is seeking to construct
and operate a proposed marijuana cultivation and product manufacturing facility on an abutting
lot which makes this site an ideal location for the proposed use and will help to limit the use of
town roads and provide additional security for product transportation from the manufacturing to
the retail facility. This will also make sure that the town receives the maximum amount sales
proceeds from both facilities and help to keep income from both facilities in the Town that will
benefit directly through annual community impact fees paid by the applicant.
IN WITNESS WHEREOF,the parties hereto have executed this Lease as of the date first above
written.
LANDLORD:
SAN NIIGUEL LLC
By:
Name:�-.�, -,r c(Ci-U�eJe .1'a j_
Title: ".72P.r,44u,.
TENANT:
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APOTHO THERAPEUTICS PLAINVILLE
LLC
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_ 400 Slocum Road
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P.O. Box 79399 508-910-1820
Dartmouth, MA 02747 FAX 508-910-1838
ZONING COMPLIANCE REQUEST Q(
$25.00 Min' urn Fee(NON-REFUNDABLE) Receipt#: -f 6 C1 l
Date: d- 101 1 Clerk:
Applicant(please print); Apotho Therapeutics Dartmouth, Inc.
Address: c/o John E. Williams, Esq. , 651 Orchard St. , Ste. 200, New Bedford, MA 02744
Telephone: 508-992-7911 cell: 508-889-3433
Signature:
Current Owner/Address: .�..
Location of Lot(s): Current Map#: 163 Lot#: 54 v
Street Name: 747 State Road, Dartmouth, MA 02747 e.3
Subdivision Name: n/a
Reason for Request: Allow a marijuana retail sales establishment in a general business district
*Due to limited staffing and le•al as,ects involved ,rior to a Zonin• Com laince Request form being
accepted, a formal opinion must be attached from an attorney determining if common ownership ever
existed since 1945.
'' The applicant is advised that due to time limitations imposed by law and/or zoning,this decision may change and should be verified immediately
prior to commencing an work This determination does not imply approval by any other agency or compliance with the State Building Code for
any±�structures which may exist. This determination is subject to appeal per Zoning By-Law section 27.500 and Mass General Law Chapter 400A..
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Zoning District: Aquifer Zone F.I.RM.Zone: Other Overlay Zone:
Street: ❑ Existing ❑ Ancient Way Ei OK "Paper"
Lot: Frontage:
rj Acceptable ❑ Not Acceptable
Area: sq.ft.
❑ Acceptable ❑ Not Acceptable
Percentage of Lot Coverage Allowed: ❑ 50% Cl 10% ❑ Other
Setbacks: Current: Allowed
The least setback indicated may be used Certain rights apply only to vacant lots.
Determination:
For Buildable Lots Only: Use subject to Zoning By-Law for specific zoning district except as noted above: 0 OVER
By:
Date: / /
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April25 20a7