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07/24/2018 12:00 AMThe Zoning Commission on July 16 opened public hearings on two applications, one for a retail development to be called Shops at Oyster River, and the other for a medical marijuana dispensary, which would require further state approval and is the second proposal of its kind in town. Both public hearings were continued to the next Zoning Commission meeting on Monday, Aug. 6.
The first public hearing was to receive public comment on Coastal Health & Wellness’s plan for a medical marijuana dispensary to be located at 233 Boston Post Road in the B-4 Gateway business zone. While zoning regulations do not require a public hearing for permitted use, which this application for a retail pharmacy would be, the commission scheduled one to give the public an opportunity to comment.
For the proposed site plan to win zoning approval, the applicant must submit a plan that meets the town’s zoning regulations for businesses proposed in that zone.
The proposal is for a 2,600 square-foot retail pharmacy, a 1,400 square-foot engineering office, and a 1,000 square-foot residential apartment in the floor above. The building, currently the site of Angus MacDonald/Gary Sharpe and Associates offices, would house all three uses when refurbished: engineering offices, a dispensary, and an apartment.
Coastal Health and Wellness’s application is the second application for a medical marijuana dispensary the town has received. The first, from Acreage Connecticut for a dispensary at 5 Custom Drive, was approved by the Commission in May.
The State of Connecticut Department of Consumer Protection (DCP) is the agency that reviews applications and issues licenses for medical marijuana dispensaries. Early this year, DCP announced it would re-open the dispensary licensing process for 2018 and, by fall 2018, issue between 3 and 10 new dispensary licenses in the state.
All applications for the 2018 licensing round were due to DCP offices in April. All applicants had to show that they had secured local regulatory approvals for the dispensary location they included or for a site where the dispensary use would be permitted by right.
The Zoning Commission also opened a public hearing on a second application. This applicant, 923 Boston Post Road, LLC, sought approval of a special exception permit to build the new retail development at 923 Boston Post Road. The Shops at Oyster River would include a 2,254 square-foot drive-through restaurant and 22,257 square feet of retail with a 3,251 square foot outdoor display space. Planned for this site, the location of the former bowling alley, is a drive-through Dunkin’ Donuts on the southwestern corner and an Agway store with outdoor display space on the northern rear of the lot.
After five meetings between the applicant and the Architectural Review Board (ARB), a body advising the Zoning Commission, ARB voted to recommend that the Zoning Commission approve the permit.
During ARB’s review, the applicant and the ARB members talked at length about whether and how the design of each building might be modified to improve the compatibility of the two designs. The Dunkin’ Donuts building as proposed is modern in style while the Agway Store, as proposed, is a barn-like farm design. Also at issue was the size and location of the proposed store sign. Despite giving approval to the plans, ARB in its motion asked the Zoning Commission to read through the ARB meeting minutes to understand the discussion ARB had about the project’s design details and signage.
At Zoning Commission meetings, for each application, the commission can choose to keep the hearing open for another meeting or close it, deliberate, and then act. Hearings may be kept open for several reasons; the most common is when the commission requests in the meeting that the applicant provide revised maps, site plans, or documentation before the hearing record is closed. Hearings are also kept open if the commission has not yet received reports from commissions, boards, or town employees (like the fire marshal) from whom comment about the application has been requested.