Bourne Planning Board Regular Meeting – October 21, 2025

The Bourne Planning Board convened on Thursday, October 23, 2025 (per transcript; system timestamp indicates October 21, 2025) to consider several items: approval of minutes, two Approval Not Required (ANR) plans, enforcement of a special permit for landscaping compliance at 13 Kendall Ray Place, an amendment to a shared driveway special permit for lots on Scenic Highway, and a site plan review for a proposed retail marijuana dispensary at 120 MacArthur Boulevard. All votes were unanimous unless noted.

Consent Calendar

• Meeting Minutes (September 25 and October 9, 2025): Approved unanimously.
• ANR Plan – 7 and 11 Bourne Bridge Approach (Map 20.3/20.4, Parcels 65 and 1): Applicant Brandon Sullivan requested approval to combine two lots under M.G.L. Chapter 41, Section 81X. Unanimously approved.
• ANR Plan – 0 Meeting House Lane (Map 11, Parcel 172): Applicant Mike Sorrenti requested approval to combine lots to enlarge the Dunkin Donuts lot. Unanimously approved.

Discussion Items

Enforcement of Special Permit 08-2017 – 13 Kendall Ray Place (Landscape Corrective Actions)

• Attorney Cheryl Green appeared on behalf of the current property owner (not the original developer, Calamar). She stated that she received the town’s compliance report only 15 minutes before the meeting and requested time to review it.
• Town officials (including Councilmember O’Connor) alleged that the approved landscaping plan was not fully implemented: six inches of loam was not applied, many plants were never installed or have died, a tree at Main Street was removed during construction, and bioretention areas have become weed pits. They argued that the obligation to comply runs with the property and that the town had tried unsuccessfully to contact Calamar after the certificate of occupancy was issued.
• Attorney Green countered that the project received a certificate of occupancy, implying compliance; she questioned why the town did not raise issues earlier. She stated that the current owner wants to be a good partner but should not be held to a higher standard than other businesses. She agreed to take the report back and discuss next steps with the owner.
• The board continued the matter to December 11, 2025, for a status update on corrective actions. Motion carried unanimously.

Special Permit 03-2021A – 431, 451, 461, 471 Scenic Highway (Shared Driveway Amendment)

• Applicant Adam Flynn and Thomas Happas requested to amend an existing special permit to allow a fourth lot to access the shared driveway (instead of creating a separate curb cut). The request was prompted by MassDOT, which is adding a median on Scenic Highway and prefers limited curb cuts.
• Board member noted that updated plans were submitted late (only hours before the meeting) and that the fire chief had provided comments that day requesting a swept path analysis for fire apparatus. The board stated they needed adequate time to review the plans and comments.
• Thomas Happas argued the driveway is essentially unchanged and that adding one more lot would be safer than creating a second curb cut. He agreed to sign a time waiver to allow continuance.
• The board continued the matter to December 11, 2025, to allow review of the revised plans and fire chief comments. Applicant executed a time waiver. Vote unanimous.

Site Plan Review SPR 515 – 120 MacArthur Boulevard (Retail Marijuana Dispensary)

• Kevin Howe of Cape Way Cannabis presented a proposal to convert a former car wash into a retail cannabis shop. The site is in the B-4 district and the Marijuana Overlay District.
• The plan retains the existing building footprint and adds 27 parking spaces (including two ADA spaces, one van-accessible). A loading area at the rear will accommodate deliveries (2-3 per week, small vans, 8am-5pm).
• Security features include 14 interior and 13 exterior cameras, six card readers, seven panic buttons, a Knox box for fire department access, a backup generator, and a cellular backup for the security system. All exits have crash bars.
• Board member commended the security measures after visiting the applicant’s Carver facility. Concerns about lighting compliance with current bylaws were raised; applicant stated lighting is from the original site plan and has not caused complaints.
• Motion to approve Site Plan Review 515 with conditions (including submission of a lighting plan, as-built plan, police/fire approvals, and proof of state licensing) was made and seconded. Unanimous roll call vote: 6-0 in favor.

Key Outcomes

• Minutes and ANR plans: Approved unanimously.
• Enforcement at 13 Kendall Ray Place: Continued to December 11, 2025, for status on corrective actions.
• Shared driveway amendment for Scenic Highway lots: Continued to December 11, 2025, with applicant’s time waiver.
• Site Plan Review for 120 MacArthur Boulevard (Cape Way Cannabis): Approved unanimously with conditions.
• Adjournment: Motion carried unanimously.