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10/11/2022 02:00 PMThe Old Saybrook Zoning Commission (ZC) has closed the public hearing over an application to open a retail marijuana dispensary at 233 Boston Post Road. The Commission will likely vote on the issue at its next meeting on Monday, Oct. 17.
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. Earlier this year, the ZC passed new regulations that effectively banned retail marijuana stores everywhere except for the B-4 district and restricted it to locations that received approval from the town prior to January 2022. Only two cites received such approval, one being the location at 233 Boston Post Road.
Fine Fettle Dispensary filed a special exception application earlier this year to open a recreational use cannabis dispensary at 233 Boston Post Road. The application calls for no modifications to the outside of the building, only renovations to the inside of the building.
The public hearing on the application opened in August and had continuations in September and October. The public hearings drew a multitude of speakers and letter writers who were both for and against the application. The Zoning Commission asked the applicants to submit a traffic study since traffic safety was a major concern for a majority of speakers.
Following the public hearing on Oct. 3, the Commission voted to close the public hearing and asked its attorney to draft language both for the approval and the dismissal of the application. The Commission will likely take up deliberations at its Oct.17 meeting.
The Continuation
At the meeting on Oct. 3, attorney Amy Souchuns presented a revised statement of use that put into writing that the dispensary would operate by online appointments only for at least the first six months of operating. Fine Fettle Chief Operating Officer Ben Zachs told the Harbor News following the meeting that “(b)ased on the worries and response from town, traffic engineers, etc. we worked to amend our operations to scale down the potential of traffic, offering conditions that would ensure organization and handling of concerns. We understand we’re looking at perception and unknown versus the operational realities. So, we want to work with the town to create a plan where all can feel comfort.”
A revised traffic plan was also presented to the Commission by traffic engineer Greg Del Rio.
When it came time for public comment, only a handful of speakers spoke up, none in favor of the application. First Selectmen Carl Fortuna said that while he didn’t want people to take his comments to be either opposed to or in favor of marijuana dispensaries, he thought the proposed location of the business was a bad spot.
The location of the business near the intersection of Boston Post Road and Springbrook Road has been the most commonly cited concern by those opposed to the application. The location is close to an entrance to I-95 and it’s been argued that additional cars coming to the property would add more congestion to an area that opponents say is a source of a lot of near misses and accidents. Additionally, with a small parking lot for the business, it was argued the lack of adequate parking would force more cars in and out of the lot and onto the road.
Chief of Police Michael Spera echoed those concerns. Spera noted that estimates for the number of customers coming to the business would be over 500 a day. Spera said that he would still be opposed to a business with that large of an estimated customer base opening in the location even if it wasn’t related to marijuana.
During his time speaking, Fortuna said he also felt that the applicants had been “arrogant” in its dealings with the town and expressed a sentiment that it was a matter of when, not if, a retail cannabis store came to Old Saybrook. Zachs said that he believes there was miscommunication and he did not mean to come across that way.
“Personally, I was saddened and feel bad about the miscommunication. It was never ever my intention to presume any local approvals. In an article, there was a misunderstanding on the state application process by the town, noting that they didn’t know if Fine Fettle would get a license via the lottery when, in reality, it was not applicable as an Equity Joint Venture. Our ability to receive a state license is in the legislation as a “when not an if,” said Zachs.
“I wish I had the opportunity to discuss that live and one on one versus misinterpretation on voicemail, which was my fault. This is especially apparent because we did receive our provisional license the day of our second of three hearing,” Zachs continued.
In addition to traffic concerns, other people opposed to the application have pointed out that the business is close to Beach Babies Day Care. Mark McCarthy, who owns the daycare along with his wife, told the Commission he was worried that a dispensary opening in the location would cause several problems. Among the reasons he was opposed to the store was a fear that it devalues the properties around it, it would negatively impact his business as parents might not want their children at a daycare near a marijuana store, it could result in a need for additional police expenses, and that due to the small parking lot people might use the daycare as a spot to illegally park or turn around in.
“Overall, the Zoning Commission needs to deny this application at 233 Boston Post Road. The business has a perfectly acceptable alternative property on the other side of town in an area which will not impact the businesses around it, will address the zoning issues outlined above and will not generate negative publicity for the Town of Old Saybrook,” McCarthy wrote in a letter.
Souchuns pushed back on some of the claims against the dispensary and pointed out that the same location had been approved for a medical marijuana dispensary in 2018 that ultimately never came to fruition. Souchuns also stated that customer counts were estimates and that actual numbers could be lower.
Following public comment The Commission then voted to close the public hearing and has 65 days to deliberate. The Commission asked its attorney to draft appropriate language both for the approval of the application and for the denial of the application,
Operations
At an earlier public hearing, the applicants explained how the business would work and tried to assuage fears from people who had never visited a retail marijuana location. Per a statement of use from the applicant, deliveries would be made in vans and no tractor trailer deliveries were anticipated. A comprehensive security system would also be put in place.
Zachs said that the company would operate initially by only taking pre-orders and providing purchasers with a designated time frame to show up to get their purchase
Upon arrival at the store, costumers would be met in the parking lot by a greeter who would then check identification and confirm appointment times. The customer would then be directed to a second window where identification is checked again and scanned. The customer would then buzz into the sales floor for a third identification check and then led to a cashier to confirm and pick up their order. Zachs said in total he estimates customers would spend between five and 10 minutes on site from pulling into the parking lot to leaving.
Zachs said the company operates other dispensaries in the state and said that the three big concerns people have are safety, traffic, and smells.
To address these concerns, Zachs said that nobody under the age of 21 is permitted inside the store. Additionally, no loitering or consumption or open products are permitted on the premises. Gummies and “child-focused marketing” also won’t be permitted per state law, Zachs said.
“It’s not like what they might show on TV or the news where people are like showing the products and they’re smelling it,” said Zachs at the time. At the meeting on Sept. 7, Zachs said he would be open to conditions that require the business to operate on an appointment-based procedure beyond the initial opening phase.
Products are kept in a secure vault until the person comes for their pick-up time. All products are sold in child proof bags with discrete packaging. Employees would be trained in the process of recognizing signs of addiction and leaflets advertising ways to seek help would be placed by the registers.
Zachs said there would be 360-degree cameras and opaque windows. With a daycare located a short distance away from the property, Zachs reiterated there would be no explicit marketing. Zachs said that strict advertising laws limit the kinds of signs or advertising people would see, allowing the building to blend in.
As for odor, Zachs said that the products are prepackaged and no smoking is allowed inside or outside on the property. As further precaution, odor mitigation systems would also be installed inside the building. Once a purchase is completed Zachs said the customers would be told to leave the parking lot.
Due to restrictions from the state, Old Saybrook would be limited to only one retail establishment until 2024 because of its population.