BY ERIC O’CONNELL on ZIP06
The Old Saybrook Zoning Commission (ZC) will hold a continuation of a public hearing over an application to open a retail marijuana dispensary at 233 Boston Post Road on Monday, Oct. 3 at 7 p.m. The public hearing for the application by Fine Fettle Dispensary opened last month.
Last year, 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 businesses that received approval from the town prior to January 2022. Only two businesses received such approval, one being Fine Fettle.
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.
At a meeting last month, the commission voted to continue the hearing and asked the applicants to come to the Sept. 7 continuation of the hearing with clarified hours of operation since a rendering submitted by the applicant had different proposed hours than what was in the application. The Commission also asked for clarifications on where the employees would park and the location of a proposed bike rack.
At the September meeting the commission once again voted to continue the hearing so that the applicants could submit more documentation related to a traffic study on the property.
At the meeting on Sept. 7, agent for the application attorney Amy Souchuns and Fine Fettle Chief Operating Officer Ben Zachs again addressed the Commission to dispel some rumors that had sprung up about the application.
First, Souchuns said that there were rumors that the Old Saybrook location would be the only one retail location in the state, which would drive up demand. That is not the case as Souchuns pointed out several other locations around the state are awaiting licenses and the state anticipates about 30 such locations initially.
Souchuns also countered the criticism of Fine Fettle being a cash only establishment, and therefore a potential target for crime, by pointing out that there are other cash only establishments nearby, such as the Monkey Farm Café or Bill’s Seafood in Westbrook.
“You don’t generally hear an outcry bout those establishments needing a police presence,” said Souchuns.
Souchuns went on to say that unlike liquor stores, which have no limits on how much product can be purchased and allow people under 21 to enter, Fine Fettle would be much stricter. The state has limits on how much cannabis product can be purchased in one day and a computer system is utilized by the state to track purchases. No people under the age of 21 are allowed inside the building under any circumstance.
“Frankly it has stricter regulations than a bank or pharmacy,” said Souchuns.
Prior to the meeting Old Saybrook Chief of Police Michael Spera submitted a letter to Zachs that outlined his criticism of the application and his opposition to it.
Souchuns said she was “disappointed” and disturbed by what she believed were mischaracterizations in Spera’s letter.
In his letter, Spera wrote that the applicants only admitted to anticipating an average customer count of 44 per hour when pressed by him and that while the applicants told the Commission they were going to operate as an appointment-based business, on social media they were stating they would allow walk-ins when allowable. Spera said this was deceptive.
Souchuns retorted that in their submitted documents before the previous hearing the applicants had included their anticipated customer count and that the application clearly said the appointment procedure was for the initial opening period. Zachs told the Commission he would be open to conditions that require the apportionment procedure to remain in place beyond the opening period.
Spera also wrote that he felt it was unclear if the application was to convert one of the other medical facilities that Fine Fettle operates and turn it into a mixed use and then relocate that business to Old Saybrook.
Souchuns said that the application was clearly outlined as a retail location in Old Saybrook with nothing to do with the other locations.
At the previous hearing, Zachs had explained that Fine Fettle would pay up to $50,000 to the town to offset any increased police presence required for the opening period when demand was high.
“Finally, the $50,000 you mentioned to the Zoning Commission that you are willing to pay for law enforcement services was insulting. We cannot be bought,” Spera wrote.
Souchuns emphatically refuted that sentiment by pointing out that is a required condition.
“He tried to imply our offer of $50,000 was an attempt to buy him off. It is in fact a statutory obligation,” said Souchuns. She went on to explain that the state ordered the businesses must pay up to that much to offset any overtime required for police who need to help with traffic flow during the opening period.
The hearing drew multiple speakers, mostly opposed to the application, though some in favor of it, and some with no opposition to retail marijuana but opposed to the location of the store. Zoning Enforcement Officer Chris Costa said that the commission had received multiple letters both for and against the application, but not every letter writer was from Old Saybrook or even Connecticut. The letters can be viewed on the ZC’s page on the town website.
Those opposed to the application primarily expressed concern with the location of the business near the intersection of Boston Post Road and Springbrook Road which is close to an entrance to I-95. Speakers felt that additional cars coming to the property would add more congestion to an area that they 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.
Other speakers voiced concerns about safety, allowing a business to sell a product that is still illegal on the federal level, as well as enforcement of rules.
Those in favor of the application argued that the business was a legal use and that fears about marijuana use were overstated.
Several speakers spoke of feeling like the application was sprung on them and asked questions that were already addressed at the previous hearing. The commission encouraged those interested to view the video of the previous hearing online on the commission’s page on the town website.
Operations
Per a statement of use from the applicant, “Operationally, the applicant anticipates approximately 15 to 23 employees will be on site during the hours of operation (Sunday to Saturday [from] 9 a.m. to 8 p.m.” The applicant said that deliveries will be made in vans and anticipated no tractor trailer deliveries. A comprehensive security system would also be put in place.
At the first hearing, Ben Zachs outlined some of the plans for how the operation would work and tried to assuage some fears people may have about the dispensary.
Zachs said that the company would operate initially by only taking preorders 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 said 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.
Zachs told the Harbor News earlier this year that the company operates three of the 18 medical dispensaries currently in the state and reiterated a commitment to safety.
“This is not our first rodeo. Our facilities are incredibly safe and secure we have our operation set to what we’re comfortable doing,” said Zachs at the time.
At the continuation of the public hearing members of the public will be able to speak in favor, in opposition, or neutrally on the application.
