Denial Letter s* pUTy,
fo ' •1 Town of Dartmouth
�Z y! Massachusetts
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`% ,6��%`` BUILDING DEPARTMENT
Joseph E.Braga Jr.
Director of Inspectional Services
May 6, 2021
Apotho Therapeutics Dartmouth, Inc.
C/o John E.Williams, Esq.
651 Orchard St.,Ste. 200
New Bedford, MA 02744
RE:747 State Road
Map#163, Lot 54
I have reviewed your application to establish a new marijuana retail sales facility on State Road.The proposal does
not conform to current requirements for the General Business Zoning District and must be denied at this time.
You are proposing a new marijuana retail sales facility in the former"Near East Asian Fusion Restaurant"building
located at 747 State Road.The marijuana use is not permitted as of right in the General Business Zoning District,
and must be located within the Marijuana Overlay District See Article 4§375.4.2 Applicability.
A Use Variance must be applied for and secured from the Zoning Board of Appeals in order to proceed with your
proposal.
Your application is being denied under the following sections of the Dartmouth Zoning By-Law:
• Article 43,Section 375-43.3,Use Variances,"Except as expressly prohibited in this By-Law,variances may
be granted for uses of land not allowed by right, provided that,in accordance with the provisions of MGL
Chapter 40A,Section 10,and amendments or supplements thereto,the Board of Appeals determines that
such land or structures cannot reasonably be used as allowed by the Zoning By-Law. Except that the Board
of Appeals shall not grant variances for uses of land in the Single Residence A,Single Residence B,and
Single Residence C Zoning Districts"
The subject property is located in the General Business District.
Respectfully,ll�
Joseph E. Braga Jr.
Building Commissioner
Zoning Enforcement Officer
In accordance with the provisions of MGL Chapter 40A section 15,you may apply to the Zoning Board of Appeals
for the above noted relief within (30)days of receipt of this letter.
400 Slocum Road, Dartmouth, MA 02747
Phone: (508)910-1820 Fax: (508) 910-1838