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Zoning Approves Settlement, Rescinds Approval for Retail Cannabis Store

At a meeting on Feb. 26, the Westbrook Zoning Commission approved a settlement that officially reverses a 2023 zoning decision that allowed for a retail marijuana store to open in Westbrook. In a victory for opponents of the decision, the store will not open.

In January 2023, the Zoning Commission approved an application from BUDR Holding 3 LLC to open a retail cannabis store at 755 Boston Post Road. Shortly after that decision, a group of property owners filed an appeal.

The suit was filed in Middletown Superior Court by a group of residents, including Jack Zamary, David Russell, Jay Mulligan, Vincent Catelotti, Lynne Catelotti, and Peter Jaquay. The suit named BURD Holding 3 LLC co/ Derrick Gibbs, 7555 Boston Post Road LLC, and the Town of Westbrook Zoning Commission as defendants.

Nearly a year after the lawsuit was filed, the two sides have reache d a settlement. At a Zoning Commission hearing on Feb. 26, the commission unanimously approved a settlement between the two sides that rescinds the approval of the application. In exchange, the plaintiffs will drop their appeal.

Zoning Enforcement Officer Eric Salmon said both sides were in favor of the settlement. Salmon cited the recently opened retail marijuana store in Old Saybrook as a reason for the settlement, as there may not have been as much of a market in Westbrook with a store in the neighboring town. Despite the approval granted last year, the store never did open.

The settlement of the appeal is the latest step in what has been a long story regarding marijuana retail in Westbrook.

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, including public hearings and a community survey, the Zoning Commission received little feedback on the topic.

However, the public interest increased once the BUDR application was filed in the fall of 2022.

While opinions from people on social media were more receptive to the idea of the store opening, across the two public hearings concerning the application, the vast majority of speakers in person were against the application.

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.