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07/10/2023 08:55 AMWESTBROOK
On June 26, the Zoning Commission accepted an application from the commission itself for a six-month moratorium on applications related to retail cannabis in town. A public hearing is set for July 24.
Over the last year, the commission has spent significant time reviewing applications centered around one matter: retail marijuana in Westbrook. The issue has inspired substantial turnout at some public hearings, frustrated citizens, and even a lawsuit. Now, the commission is revising the issue.
At the June 26 meeting, the commission voted to accept its own application that seeks to place a “temporary moratorium related to the acceptance, review and/or approval of applications seeking to establish the use of land and/or structures for (c)annabis (r)etail (e)stablishments.”
The application also states that while in effect, “The (c)ommission will evaluate the potential impacts of recently approved cannabis retailers in the Town of Westbrook and the State of Connecticut.”
If approved, the moratorium would be in effect for six months from the day of adoption.
The commission voted to open a public hearing on the application at its meeting scheduled for Monday, July 24 at 7 p.m. in Town Hall.
Westbrook Zoning Enforcement Officer Steve Hnatuk explained the impetus for the moratorium application.
“The application for the moratorium was requested by the Zoning Commission. It will allow the commission time to evaluate the potential impacts of recently approved cannabis retailers in the Town of Westbrook and the State of Connecticut and allow the opportunity to investigate potential revisions to the current regulations should they be necessary.” Hnatuk said.
The moratorium will not have any effect on a previously approved retail marijuana store at 755 Boston Road or an application the commission accepted on June 26 from 144 BPR LLC for a different retail marijuana store at 144 Boston Post Road.
“The moratorium will have no effect on the new application. The moratorium has not yet been approved and is not effective at the time of application for cannabis retailers. The retailer is entitled to apply under the current regulations, and should the moratorium be approved prior to the cannabis retailer, it will not have any effect on the retailer application since it was submitted prior to any potential effective date,” Hnatuk said.
A Complicated History
Marijuana sales in Westbrook have been a long saga that started with a whisper and turned into a roar.
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, the Zoning Commission debated retail cannabis regulations, and the members tried several times to solicit public opinion on the matter. That included holding public hearings and conducting a community survey. However, the Zoning Commission received little feedback on the topic and approved the regulations to allow retail marijuana by special permit in the neighborhood commercial, turnpike interchange, industrial, and light industrial districts with little fanfare.
However, in the fall of 2022, BUDR Holding 3 LLC filed an application to open a retail cannabis store at 755 Boston Post Road, and things changed.
Across two public hearings concerning that application, the vast majority of speakers who came in person were against the application. Residents voiced concerns about increased traffic, fear of increased crime, and a negative reputation for the town. Social media comments, on the other hand, were more receptive to the application being approved.
Despite the outcry from citizens, the commission approved the application from BUDR in January. Shortly after that approval, a group of residents filed an appeal of the decision in Middletown Superior Court.
According to the complaint, the plaintiffs allege that the commission “acted illegally, arbitrarily, unreasonably” in approving the application. The lawsuit is ongoing, according to the state judicial website.
Many of those opposed to the application were residents of the Neighborhood Commercial District (NCD). In May, a group called Westbrook Citizens, headed by residents Jack Zamary and David Russell, filed an application with the town that, if approved, would have prohibited retail cannabis in the NCD. Westbrook Citizens is described as a group of 30 residents living in the NCD.
At a meeting on June 26, the commission voted to deny that application.