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01/16/2023 09:32 AMThe Zoning Commission is expected to rule on a controversial application for a retail cannabis store on Boston Post Road at a Jan. 23 meeting.
In November, the Commission received an application from BUDR Holding 3 LLC to open a retail marijuana shop at 755 Boston Post Road. Ian Butler, a representative for the application, explained that the proposal is for a 1,500-square-foot store, about 600 square feet of which would be used for retail. The rest of the building would be used for storage.
According to Butler, the building was damaged in a fire in 2016 and has been vacant since. Before the fire, Butler said it had been a liquor store.
In 2021, Connecticut legislators passed a bill legalizing recreational marijuana use by adults in the state. The bill left it up to local municipalities to control its sale in each town. In July 2022, Westbrook’s Zoning Commission approved regulations that allowed retail marijuana stores by special permit in the neighborhood commercial, turnpike interchange, industrial, and light industrial districts.
Following a November meeting, the Commission asked the applicants to return on Dec. 19 to respond to concerns over traffic flow, parking, and community compatibility.
At that meeting, the Commission received a traffic study and parking plan. Due to the volume of new information, the Commission decided to table its vote to approve or deny the application to its Jan. 23 meeting so that commission members have enough time to absorb the information. The Commission also voted to close the public hearing.
Public Hearing
When it came time for the public to weigh in, the overwhelming majority of meeting attendees spoke in opposition to the application. Residents voiced concerns about increased traffic — especially in the summer months when summer residents come to town for the beaches — fear the type of business would bring crime, and concerns about the effect of a marijuana store on the town’s youth.
Other reasons for the opposition focused on the proposed shop’s location near residential areas and a bus stop, which people feared would be impacted by the shop’s presence.
Further complicating the matter, land records indicate that the store would be housed in a property owned by 755 Boston Post Rd LLC. The LLC is owned by Nancy Pytlik and the listed agent is George Pytlik. George Pytlik, Jr., an alternate member of the Zoning Commission, has familial connections to the LLC’s ownership, but is not directly affiliated with it. Pytlik, Jr., has not been seated during discussions on the application.
Pytlik, Jr. did vote to approve the regulations that allowed cannabis retail in Westbrook during the summer of 2022, but no application for a store was present at that time.
Concerned residents created the website westbrookcitizens.com which outlines why some oppose the application. The website also links to a petition urging the Zoning Commission to reject the application. At press time, the petition had over 250 signatures.
The Operations
At the meetings in November and December, the applicants detailed how the business would work if they were approved to open. For at least three months, the business would work on an appointment-only basis to help with crowd control. Customers would enter the store through a security checkpoint where IDs would be checked. Once checked, customers would order their product from a tablet. Product would be stored in the back and not in displays on the floor. The clerk would then retrieve the order, and the customer would pay and be on their way. No consumption would be allowed on the premises, including the parking lot. The store would have staggered pickup times throughout the day.
Butler said there would be no overt signage due to regulations that govern how the store can advertise. Deliveries would be made in trucks with no markings at various times. The applicant would also install a comprehensive vault and security system. Butler said that a significant concern from the public is often odor, but Butler said that with no consumption on the property and since the store would only be selling prepackaged products and not growing its own, that would not be a concern at the proposed location.
If approved, in addition to standard property taxes, Butler said that state law imposes an extra three percent tax on gross sales revenue. Westbrook would receive those taxes, which would fund projects like streetscape improvements, education programs, mental health or addiction services, community engagement efforts, and a youth service bureau.
Editor’s Note: A previous version of this story incorrectly listed George Pytlik as the owner of 755 Boston Post Road LLC.