NORTH HAVEN

On Oct. 8, the North Haven Planning and Zoning Commission (PZC) denied an application from Fine Fettle to open a cannabis dispensary at 104 Washington Avenue—a decision which effectively makes the retail sale of marijuana illegal in North Haven.

In September, cannabis business Fine Fettle approached the PZC with plans to open a dispensary at the former site of Candid Cleaners at 104 Washington Avenue. The applicant intended for the establishment to be viewed as analogous to a pharmacy rather than a liquor store, thereby allowing it to be potentially permitted in a commercial business zone. Liquor stores are not allowed in that zoning district, with the exception of having a special permit.

The PZC denied Fine Fettle’s application on the grounds that it was similar to a liquor store which would be too close to a school, specifically the vocational school, Paul Mitchell The School North Haven, which is located across the street from 104 Washington Avenue.

In a letter submitted to the PZC, the school’s owner, Mario Landino, expressed concern that Fine Fettle’s close proximity “will cause a disturbance in our education process” at the school for its young adult student body of up to 180 students. Landino said the school has a strict no-smoking policy for its students and that Fine Fettle’s proximity would make it easier to violate that policy.

Amy Souchens, the attorney helping to represent the applicant, disputed the perception of Fine Fettle being an unfit establishment adjacent to the vocational Paul Mitchell School. Souchens believes that any schools to which a dispensary might cause a disturbance to the facility and its pupils are traditional schools, such as elementary schools, colleges, and parochial schools. Zoning regulations do not allow both of these types of schools to be allowed in the commercial zone in which Fine Fettle was looking to be located.

This was ultimately not convincing for the PZC. Alan Fredericksen, land use official, informed The Courier that the zoning of a cannabis establishment relative to a school was still viewed by the PZC as similar to a liquor store. In regards to the Paul Mitchell School, the PZC “treated that as a school” in the same way as a traditional or parochial school, citing Zoning Regulation 8.10.3.1. The law reads, “The proposed building, where the liquor permit is to be granted, may not be within 500 [feet] from any premises used or reserved to be used; for a college, school, church, synagogue, hospital or library.”

Fredericksen said that specific establishments which are prohibited from being within close proximity to a school would need approval for a variance, something which has previously occurred three times with “mixed success.”

“The liquor stores, or any liquor license…there has been a prohibitive thing where they've had to go for a variance by applying at the Zoning Board of Appeals for a variance,” said Fredericksen. “I’ve had three different applications where the Paul Mitchell school was, in particular, the cause of a variance application being made to the Zoning Board of Appeals. There was mixed success, but unquestionably, it's always been treated as a school.”

The public hearing portion of the meeting saw opinions echoed from the first hearing in September, with opinions split on whether Fine Fettle’s place in North Haven would contribute to the town’s economic development or pose a risk to the health and safety of its youngest residents.

Even with an eventual denial, supportive testimony from a personal standpoint came from resident Roz Gambardella, who identified herself a “medical marijuana user.”

“I fully support the idea of having a medicinal dispensary in this area,” said Gambardella. “I go to Branford. I work with a wonderful pharmacist there at the Rise dispensary, but I wish that there was something closer.”

Resident Marilyn Calderdon disagreed, saying that “there’s plenty of nearby places and spaces to actually purchase [marijuana],” and also cited her experience with the Open Choice program at North Haven High School, learning “how easily accessible drugs are for our children” in different stages of development.

Under current zoning regulations, Fine Fettle and any other cannabis businesses cannot apply for a special permit in North Haven. This is due to the PZC having adopted a regulation in September which effectively prohibits zoning for all future establishments intended for the sale of recreational and medical cannabis products.

Fredericksen told The Courier this could be subject to change in the future.