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01/27/2023 10:06 AMRetail cannabis is coming to Westbrook’s Boston Post Road following a yes vote by the Zoning Commission at its Jan. 23 meeting.
Despite vocal objections from some members of the public, the Zoning Commission approved an application from BUDR Holding 3 LLC to open a retail cannabis store at 755 Boston Post Road with several conditions.
The Commission received the application in November 2022. At the time, Ian Butler, a representative for the application, explained that the proposal was 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.
At the start of the meeting on Jan. 23, the Commission voted to approve the application, albeit with numerous conditions. The most serious of the conditions prohibit deliveries between the hours of 6:30 to 8:15 a.m., as well as between the hours of 2:30 and 3:45 p.m., Aug. 23 through June 20, Monday through Friday, and limit the business to operating by appointment only for at least the first three months. Other conditions related to redefining parking spaces, preventing people from using the parking lot for the neighboring food truck, and fixing the property’s landscaping.
Commission members Harry Ruppenicker, Jr, Linda Nolf, Mike J. Engels, Jr., and Vincent J. Gentile voted to approve the application. Commission member Dwayne Xenelis voted in opposition to the application. Xenelis asked for an additional condition to be added to the approval that would have given the Commission the ability to review the special exception within a year if the Commission chose to.
“We can review this and say if this was not what they said it was going to be,” Xenelis said, reasoning that with retail marijuana as a new use in town, it could give the Commission the ability to ensure the business operates as intended. The motion was not approved. The Commission said it would not be fair to the business to have that uncertainty.
Xenelis also read into the record a lengthy list of reasons he was opposed to the application. The reasons he stated included a lack of adequate parking, the effect the shop might have on the youth in the area, an increase in traffic, and the lack of a positive referral from the Planning Commission, which Xenelis said was needed. After reading his list of concerns, Xenelis received applause from members of the public in attendance.
Zoning Enforcement Officer Steve Hnatuk explained that a positive referral from the Planning Commission was not required due to the application being a special exception.
“A Planning Commission’ approval’ or finding of consistency with the POCD [Plan of Conservation and Development] is not required for a special permit application by [Connecticut General Statutes (CGS)]. A referral of the special permit was sent to the Planning Commission because of the requirement in the town’s zoning regulations,” Hnatuk said.
“An affirmative vote/recommendation or finding of consistency with the POCD is not required by CGS or by the town’s zoning regulations for special permits. The town’s regulations state that ‘[o]n a special permit application, the Commission shall give due consideration to any report received from the Planning Commission.’ In the motion made and approved by the Zoning Commission, the Zoning Commission acknowledged the report and made a finding in part, based on the report,” Hnatuk continued.
The Commission held meetings concerning the application in November and December.
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 would have enough time to absorb the information.
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. Despite several attempts to solicit public opinion on the matter, including public hearings and a community survey, the zoning commission did not receive much feedback on the topic. Then the application for the shop was filed.
Public Opposition
Once there was an application for an actual shop, public feedback became intense. Every continuation of the public hearing received substantial public input, with a vast majority of speakers against the application.
Across the hearings, residents voiced concerns about increased traffic, fear of increased crime, and a negative reputation for the town.
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.
Following the vote to approve the application on Jan. 23, some members of the public cried out and expressed their displeasure with the vote.
Next Steps
With the application now approved, Hnatuk said there is still a list of criteria the applicants must meet before they can open for business.
“The applicant will need to meet the conditions as specified on the approval related to installation of site improvements, final plan submission, filing of the certificate of approval, and finalization of state licensure among others,” Hnatuk said.
“A certificate of zoning compliance is applied for in conjunction with a certificate of occupancy from the Building Department. I anticipate that the applicant will need to apply for building permits for minor interior renovations of the building, but the specifics of what permits are required will be determined by the building official,” Hnatuk said.
Hnatuk also said that the applicant has received “… its provisional permit as an adult-use cannabis retailer from the Department of Consumer Protection. The applicant has been approved by the Social Equity Counsel as an Equity Joint Venture and is not subject to a lottery. The applicant will be issued a final license from the DCP upon completing the outstanding application requirements, one of which is to have local zoning approval.”
Furthermore, Hnatuk said the town will be in contact with the applicant during the preopening process.
“The town intends to continue to communicate with the applicant in advance of the business opening to ensure that all conditions are met as required and to ensure that any safety or traffic concerns are addressed. The applicant and the Commission agreed to a condition that the applicant must operate on a “by appointment only basis” for the first three months following the opening of the business. There are other conditions on the application which intend to address concerns brought up by members of the public and the Commission,” Hnatuk said.
The Operations
At the meetings in November and December, the applicants detailed how the business would work if they were approved to open. Customers would enter the store through a security checkpoint where IDs would be checked. 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.
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.