Westbrook Keeps Cannabis Zoning Conversation Open
On April 25, the Zoning Commission decided to keep two public hearings on proposed marijuana regulations open for another month. One proposal would establish a moratorium on cannabis establishments and the other would establish new zoning regulations.
Last year Connecticut legislators passed a bill that legalized recreational marijuana use by adults in the state. That bill left it up to local municipalities to control the possibility of a store opening for marijuana retail.
In Westbrook, the town is proposing regulations that would allow retail marijuana stores as special permit in the neighborhood commercial district, turnpike interchange district, the industrial district, and the light industrial district. Cultivators would not be allowed in the neighborhood commercial district.
Under the proposal, retailers would not be allowed in the same building as a child care facility or church and cannot be located adjacent to playgrounds, parks, or schools. The stores can only operate between 8 a.m. and 9 p.m.
Any proposal for a retail store would need a plan that details hours of operation, security, signage, parking circulation, and odor mitigation steps.
Zoning Enforcement Officer (ZEO) Michael D’Amato said last month at that due to restrictions from the state, Westbrook would be limited to only one retail and one cultivation establishment until 2024 because of its population.
“If a retail establishment were to open in Westbrook, three percent of the taxes generated by these sales will be transmitted to the town,” D’Amato said.
At the meeting on the 25 Steve Hnatuk, also a ZEO planner, estimated that would amount to $100,000 to $150,000 in annual revenue.
The town also submitted a second application for a moratorium on cannabis applications for at least six months to buy time to consider any regulations. Having a moratorium in place would prevent any applicants from applying to change the zoning or apply to open a retail cannabis store while the commission takes time to further study the issue.
“If the town were to do nothing, state law says that if an application is received, it must be treated as a similar use. Therefore, if a town wishes to unilaterally prohibit these uses, it must adopt regulations to do so,” D’Amato said earlier in 2022.
At the April 25 meeting, the commission opted to keep both public hearings open until its May meeting since the Planning Commission and the council of governments had not reviewed the applications yet.
At the public hearing, only two people spoke, one against allowing marijuana retail in town and one for it. Bill Brownstein said that while he was glad the state had a more lenient approach to marijuana and could understand medical benefits for its use, he was opposed to retail stores being allowed opened in Westbrook.
“I’m really concerned with use by children under 21,” he said, noting that kids tend to do activities to excess, which may be detrimental.
Travis Miller also spoke, though he was for the option of allowing retail stores to come to Westbrook. Miller said that to him, even if kids under 21 were able to get their hands on the substance it would be less likely to be tainted with harmful substances coming from a regulated business.
“Having a safer place where its medically regulated will protect more people, so even if kids have more access to these kinds of things, which they will anyway, it’ll be safer for them,” said Miller.
There has already been some light interest in possibly brining a marijuana retail shop to town.
At a February Zoning Commission meeting, a potential applicant spoke with the commission informally to get a sense of what regulations were in place concerning marijuana sale.
The potential applicant, Chad Lynch, said he’s been involved in the business for about seven years and was interested in working in Connecticut. Lynch said that his plan would be to open a growing and light manufacturing facility in town with a retail dispensary for the public.
It was after that meeting that the town, with no regulations on file, set to work on coming up with proposed regulations.