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08/12/2024 11:19 AMAt a special meeting on Aug. 7, the Westbrook Zoning Commission voted four to one to approve changes to the zoning regulations that prohibit retail marijuana stores in the Neighborhood Commercial District (NCD) and other locations around town.
In 2022, the commission passed a regulation allowing retail marijuana stores by special permit in the NCD, the Turnpike Interchange District, the Industrial District, and the Light Industrial District.
After receiving significant pushback from residents in the NCD, the commission proposed new regulations prohibiting the stores in certain zones.
Zoning Enforcement Officer Eric Salmon summarized the proposed changes in a memo to the commission.
The most significant changes to the regulations are the elimination of all cannabis establishments in all zones except for Turnpike Interchange Zone for Hybrid Retailer/Retailer and the Industrial Zone for food and beverage manufacturers.
Additionally, the regulations require a 500-foot buffer between cannabis establishments and municipal child-day care facilities, municipal parks, municipal buildings, municipal recreational facilities, libraries, and public or private schools unless for adult instruction exclusive to those over the age of eighteen.
The regulations also require that “Any such establishment’s parking area and exterior modifications shall be designed to minimize significant impacts to any properties within [250] ft of the property line of any parcel containing a cannabis retailer and the neighborhood within which it will be located,” according to the memo.
Other changes to the regulations include a requirement that any establishment be open no earlier than 9 a.m. and no later than 6 p.m. and outlined signage, lighting, and area plan requirements.
When it came time for the commission to vote, only Vince Gentile voted against the new regulations. Gentile said after the meeting that he thought the new regulation went too far and would limit business opportunities in town. Gentile said he would have been more comfortable with language that just established a minimum distance from residences but kept the use.
The proposed changes were also not endorsed by the planning commission, which voted four to one prior to the zoning meeting that they were not consistent with the town’s plan of conservation and development. Due to the planning commission’s denial, the zoning commission was required to have at least four members vote in favor of the regulations in order for them to pass.
Public Hearing
Prior to the vote, a public hearing was held for members of the public to weigh in. At the meeting, representatives from Zen Leaf, a company proposing to open a hybrid marijuana retail facility in Westbrook, spoke against the proposed regulation changes. The representatives had sent a memo to the zoning commission ahead of the meeting which noted that many of the reasons people were opposed to a retail marijuana store in the NCD were hypothetical concerns. At the time of the meeting, the commission had not received a formal application from Zen Leaf.
However, the majority of speakers at the meeting were in favor of the proposed regulation changes. The regulation changes were especially supported by residents who live in the NCD, which includes Route 1 but also includes areas that are purely residential neighborhoods. Speakers expressed concerns over increased traffic in residential areas and safety concerns.
Concerns over retail marijuana in Westbrook is an issue that dates back nearly three years.
In 2021, Connecticut legislators passed a bill legalizing recreational marijuana use by adults 18 and older. That bill left it up to local municipalities to decide whether recreational marijuana retail would be allowed to operate within town limits. In 2022, the Westbrook Zoning Commission attempted to solicit community opinions via surveys and public hearings but received little feedback. The commission passed the initial zoning regulation changes in July 2022 with very little fanfare.
Then, an application was filed for a proposed retail marijuana site at 755 Boston Post Road and things changes dramatically. The application was a significant source of controversy for some in town, particularly those who lived in beach communities in the NCD near the proposed site.
While some members of the community supported the application, the majority of speakers at three public hearings were opposed to it.
In early 2023, the Zoning Commission approved the application, but neighbors soon filed an appeal. In 2024, a settlement was reached, and that application and its approval were subsequently withdrawn. The commission then decided to revisit the town’s marijuana regulations and came up with the propels approved at the Aug. 7 meeting.