DEEP RIVER

In a 4-2 vote at its Aug. 18 meeting, the Planning and Zoning Commission (PZC) adopted a text amendment that prohibits recreational cannabis retailers from opening dispensaries in town.

The vote comes after the Commission spent several months in discussion surrounding proposed regulations previously presented by Zoning Enforcement Officers John Guszkowski and Steve Hnatuk.

Members Michael Dinello, Marian Staye, Stanley Rheinheimer, and Frederick Jordan voted in favor of the ban, while Chairman Anthony Bolduc and Alan Paradis voted against.

While the vote put a prohibition on retail sales, it does allow for cultivators and microcultivators of marijuana plants to grow in limited areas in town via a special permit, according to Hnatuk.

Hnatuk said the PZC could potentially revisit the decision to further address regulations.

The PZC’s decision to impose a ban is in contrast to the results of an online survey made available to residents by the Commission. The survey, available since December 2021, received 195 responses representative of nearly 4.5 percent of the town’s population. indicated that more than 70 percent of respondents were generally in favor of allowing retail cannabis sales in town with or without restrictions on location and extent with 41.4 percent favoring the latter option. Nearly 80% of respondents showed support for generally allowing micro-cultivation of marijuana plants, specifically small-scale growing of cannabis flowers, with or without restrictions.

“The commissioners clearly did not view the survey as a binding referendum of public opinion on the matter,” Hnatuk said.

The original text amendment application by the PZC incorporated the permission of all types of cannabis establishments, ranging from retailers, delivery services, product and paraphernalia manufacturers, and cultivators. Modifications to the amendment were made at a July 21 meeting, when the Commission voted unanimously to change the language to prohibit recreational cannabis retailers in all town zones. The modified amendment was approved by the Commission by a 4-2 vote, with the change made under Section 4.16 of the Deep River Zoning/Subdivision Regulations, according to the new approved application, that was signed on Aug. 15.

According to Hnatuk, the PZC was initially faced with a situation that, by law, if the municipality through the Commission had not adopted specific regulations pertaining to cannabis retailers by July 1, such establishments would be treated similarly to other retail stores if an application was submitted to the town. In order to avoid this situation, the Commission decided to alter the previous language of the text amendment to prohibit retail establishments meant for the sale of recreational marijuana, as was the final decision on Aug. 18.