Fine Fettle Nears Old Saybrook Opening; Legal Battle Ongoing
The operators behind the retail cannabis store at 233 Boston Post Road in Old Saybrook are hoping to open its doors soon, even in the face of a legal challenge, though an exact date has not been given.
In February, the Old Saybrook Zoning Commission approved an application from Fine Fettle Dispensary to open a retail marijuana store at 233 Boston Post Road. The bid to open the store had been a source of controversy over the previous year.
In the fall, Fine Fettle’s Chief Operating Officer Ben Zachs said that the LLC was hoping to open by the end of 2023, if not early 2024.
When contacted by the Harbor News on Dec. 13, Zachs said that construction was complete on the property and that final inspections were underway. Zachs said that a firm opening date had not been established yet but was confident the inspections would be finished soon.
Despite the optimism from Zachs, some are still fighting to stop the store from ever opening.
Shortly after the Zoning Commission approved the Fine Fettle application in the winter, two neighboring property owners filed a lawsuit to overturn that decision.
The complaint was filed by Christopher Cestaro and Strategic Acquisitions -GM, LLC. Cestaro is the owner of Ocean Performance, a boating service center located at 280 Boston Post Road. According to state business registration records, George Mark McCarthy is listed as the principal for Strategic Acquisitions. McCarthy is an owner of Beach Babies Learning Center, a daycare located at 210 Boston Post Road. Previously, McCarthy told the commission he would be filing a lawsuit if it approved the cannabis store application.
Much of the arguments from the complainants center on an argument that the Zoning Commission did not take into account traffic issues that opponents argued could come into play with a popular business going into the property at 233 Boston Post Road.
On Oct. 31, the plaintiffs asked the court to impose a temporary injunction to prevent Fine Fettle from opening. While the defendants have asked the court to deny the motion, the court has yet to rule on that specific matter.
However, a court did rule in Fine Fettle’s favor on Dec. 19 to dismiss Strategic Acquisitions as a plaintiff. The court ruled that Strategic Acquisitions could not prove it was more specifically burdened than the general public. The case will proceed with Cestaro as the lone plaintiff. The next court date is set for Jan. 2. Zachs declined to comment on the case.
Citing the pending litigation, Old Saybrook Zoning Enforcement Officer Chris Costa also declined to comment on the matter, though earlier in the year, Costa explained that even though the lawsuit against Fine Fettle is active, the applicants can take a risk in opening.
“The applicant is working on meeting the conditions of the approval and can open if they decide to once the conditions are met and all inspections are made. The opening is at the applicant’s risk, meaning if the court decides to reverse the permit approval, Fine Fettle will have to close,” Costa said earlier in 2023.
Should the store open, per the stipulations from the approval of the application, the business is required to operate by presale and appointment pick-ups. The applicants could apply to change that provision in the future but would need zoning commission approval for the change. The store will be limited to only eight employees on-site at a time.
Additionally, a parking plan calls for the company LAZ Parking to be on-site to control the parking during the initial first month of opening. Specifically, the attendants will be on-site during the first 10 days of the business opening, then Friday through Sunday for the two weekends after that. The parking attendants will be dropped off on-site so as not to take up a parking spot. A report on traffic to the store will be submitted to the town.
Fine Fettle currently has multiple cannabis dispensaries in Connecticut and two in Massachusetts. The company is looking to expand in those two states as well as the state of Georgia.