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VIDEO: Bethel P&Z Approved One-Year Moratorium on Applications for Medical Marijuana Dispensaries, Growing Facilities, and Retail Recreational Establishments

The Bethel Planning and Zoning Commission (P&Z) held a public hearing on March 10, 2015, to hear public comment and decide whether or not to approve a proposed amendment to the Zoning Regulations regarding Section 4.4, Uses Subject to Moratorium.

 

Report by Paula Antolini
March 23, 2015 10:56PM EDT

 

 

marijuanaleavesbyMarkFCC

 

VIDEO: Bethel P&Z Approved One-Year Moratorium on Applications for Medical Marijuana Dispensaries, Growing Facilities, and Retail Recreational Establishments

The Bethel Planning and Zoning Commission (P&Z) held a public hearing on March 10, 2015, to hear public comment and decide whether or not to approve a proposed amendment to the Zoning Regulations regarding Section 4.4, Uses Subject to Moratorium.

The result was that the Planning and Zoning Commission (P&Z) voted unanimously to approve a Bethel Zoning Amendment for a One-Year Moratorium on Applications for Medical Marijuana Dispensaries, Growing Facilities, and Retail Recreational Establishments. The moratorium is in effect from March 11, 2015.

The P&Z has one year to work on the final regulations and also decide whether or not to continue the moratorium.  They will take public comments and correspondence but the P&Z will have the final vote when the moratorium expires in 2016.

*****

P&Zcommission1ALL

P&Zcommission2

P&Z members read the exact wording of the Proposed Amendment to the Zoning Regulations and proposed language in Section 4.4.

P&Zcommission3palmer

Land Use Director Steve Palmer then defined the wording of the proposal.

(See complete wording below, in section entitled “PROPOSED AMENDMENT TO THE ZONING REGULATIONS.”)

About 15 individuals attended this public hearing and five residents who live in the Garella Road neighborhood (where the Medical Marijuana dispensary is located) gave comments.

*****

View video of meeting below:

*****

THE DIALOGUE (partial)
(For more dialogue view video of meeting above.)

There was much lengthy discussion.

The first Bethel resident to give public comment was Michael Moore, who was also one of the two appellants at the Zoning Board of Appeals hearing last year, about the Medical marijuana dispensary dispute. He asked the P&Z commission three questions. The first question was whether or not the present medical marijuana facility would be able to sell recreational marijuana to the general public during the time of the proposed moratorium, if the state legalizes recreational marijuana. The second question was whether or not another owner could come in and take over running the present owner’s Medical Marijuana Dispensary if the present owner could no longer operate it or chose not to for some reason. The third question was whether or not there will be opportunity for public input on the final zoning regulations from the P&Z.

P&Z Chairman Pat Rist directed Steve Palmer to respond.

Palmer said, yes, there would be a public hearing when the final regulations are created and that the commission has the authority to modify the regulations that were administratively put together for them, and will be charged with developing the regulations properly.

Palmer continued, “If the State were to enact a regulation allowing retail marijuana or recreational marijuana, that would not be allowed during this moratorium.”

Palmer added, “If this new owner failed to run this business and wanted to sell this business to another operator of it, the special permit goes with the property, with the owner, as far as local Bethel zoning is concerned. As far as the State Statues are concerned, that’s another story. They have to be licensed by the State, so they would have to meet the criteria as outlined by the State, to become a licensed operator here. So yes, it can continue in that location if these owners sell the business.”

There was much discussion about issues inside and around the neighborhood of the Compassionate Care Medical Marijuana Dispensary, brought up by the public. Topics included reasons why they did not want a medical marijuana facility on their neighborhood and/or Bethel, or any additional facilities, crimes that have occurred since the present marijuana dispensary was approved, police activity, and whether or not there were police reports about crimes in the area, crimes ranging from car vandalism to marijuana smoking in a vehicle.

Bethel resident Philip Lombino gave public comment, who is also one of the two appellants at the Zoning Board of Appeals hearing last year, about the Medical marijuana dispensary dispute. He said he echoed what Michael Moore had said, and that he thought it was a “slippery slope” because of the fact that there is a medical marijuana dispensary now. He said, “I don’t want to see it go any further, obviously recreational, there’s been a lot of chatter about things going through in the State Senate. Who knows if it will make it though, I don’t know, Malloy said he won’t allow for it, or it’s not on his agenda but it could happen quickly.”

Lombino continued, “I think a lot of promises were made from the dispensary’s point of view especially regarding security. They talked about having a security guard, they ended up having their husband. They were supposed to have security inside the building, called a man trap, more or less supposed to keep people from getting inside the building, they didn’t do that. You know, they were supposed to have things by appointment only, they’ve actually changed…”

Lombino was cut off by a commission member and told to keep on point regarding what the meeting was about, which was the medical marijuana moratorium. Lombino then concluded with, “I just wanted to say that I feel that it’s a slippery slope. There were a lot of promises made this time, and if we were to allow anything to go further, I think things just kind of fall to the wayside and all promises that were made kind of fall away.”

Bethel resident Dave Carter gave public comment and said, “I’d just like to express my strong support for the town imposing a moratorium on marijuana, not to mention a potential down the road for recreational use. The reasons for that, I’ve lived in the town for about 25 years and I really think it would be detrimental if Bethel added yet another dispensary anywhere within this town boundary. Danbury has come out very much outspoken in opposition to it and my concern is property values, concern from effect of the area in general becoming less appealing for prospective new residents. I moved here, like I said, 25 years ago, and one of the things that appealed to me at that time for the most part and still does, is, you know, the home town atmosphere, and the, you know, sense of a safe neighborhood. I live in the neighborhood of the new dispensary, and you know, we feel a little bit uneasy, I’m not going to say anymore about that other than … we have had a few instances of vandalism in cars since the dispensary has opened. Whether there is any connection to the dispensary, you know, we will probably never know. We never had these types of things occur until the dispensary.”

P&Z Chairman Pat Rist then asked the commission if they had any questions.

Louis Valenti: “I have absolutely no questions. I completely support the moratorium. I think we should adopt it.

Sandi Richards Foreman: “This moratorium will give us time to do what Phil Lombino said was, ‘move forward properly’ as it should have been done beforehand.

Kitty Grant: “I totally agree with the other commissioners.”

John Lennon: “Obviously I am in support of this.” He then addressed Palmer, “Steve it’s only for one year, right? And we can’t just keep doing these until we have it. So we have one year to do it, so what would be your..”

Palmer cut in, and said that one year was “a reasonable amount of time.”

John Lennon continued, “So it should be adopted immediately for the month of April, so that we get one year?”

Palmer replied, “You can say as of tomorrow’s date.”

John Lennon: “I have no questions, I’m in full support.”

James Hancock: “I’ll support the moratorium for the purpose of evaluating the State’s position and the Federal government’s position should any other applications come up.”

Pat Rist: “And I also support this but I also do want to make a comment that I checked with the police department and there have been no records of any incidents out there since the dispensary opened. There are no records of any issues out there.”

At that point Rist said, “I have to close the public hearing because the public had an opportunity to speak.”

Rist continued, “So if everyone agrees?” she said to the commission. All commission members agreed, and Rist said, “This public hearing is closed.”

Lombino spoke up again and said, “There was actually a police record, I’m sorry, of somebody being pulled over in our neighborhood for smoking weed, and they had a medical marijuana prescription,” and Moore held up the paperwork of the police report in his hand for the commission to see. Moore stood up and spoke about the incident listed in a police report he said was from October 2014, that happened about 100 feet from his house, he said, a police officer stopping a vehicle.

Moore gave additional details, saying “the officer had a suspicion of a marijuana smell coming out of the vehicle” and “they had thrown a marijuana cigarette out of the vehicle and after he found it, it was still warm.” Moore sad the driver would not admit he was smoking marijuana and immediately used a medical marijuana card to prevent arrest.

Palmer said, “I spoke to the police department and I saw their report. They noticed him while traveling from Danbury into Bethel on Route 6 and by the time they pulled him over he had turned onto Garella Road. So there’s no indication that he was headed for the dispensary, headed for the neighborhood, he was on Route 6 and he was smoking marijuana.”

Moore replied, “He was a Brookfield resident, anybody that knows the Stony Hill area knows that Garella Road is a past through to Vail Road. If he’s a Fairfield resident, that’s where he gets his medical marijuana. He comes to that dispensary.”

Palmer replied, “Whether or not he had a card is irrelevant, he was smoking marijuana and was arrested for it.”

Moore said, “No he wasn’t arrested.”

Palmer replied, “Well I knew that he was pulled over.”

Moore replied, “Correct.”

Palmer said, “It doesn’t matter whether he had a card or not. He was smoking marijuana.”

Moore said, “Correct, but he immediately used the medical marijuana card as his ‘get out of jail free’ card and that prevented them from making the arrest because they weren’t sure how the state was going to react to the first arrest of someone with a medical marijuana card being used to get out of a marijuana smoking arrest.”

Palmer said, “Well that has nothing to do with the medical marijuana dispensary, it has something to do with the medical marijuana card issued by the State of Connecticut.”

Moore replied, “Right, which is sold on Garella Road.”

Palmer replied, “No, no, they’re sold by the state of Connecticut. The cards are sold by the State of Connecticut.”

Commission member James Hancock interrupted to correct Palmer, and said, “They’re not sold to begin with, they’re registered.”

Palmer continued, “The cards are distributed by the State of Connecticut, it wasn’t Compassionate Care that got him out of jail free. It was the card, you say, that got him out of jail free.”

Moore said, “My point is that it’s just an example of the potential that we’re concerned about with this type of business, the potential for misuse. That has been the only incident we’ve had” (Moore turns to look at the commission) “and I’m not trying to muddy the waters, it was brought up specifically so that is why I wanted to bring it up, that that happened within a month of that place opening.”

Rist replied, “But again, not related to our medical marijuana dispensary.”

Moore said, “He’s a customer of that dispensary, correct?”

Rist replied, “I don’t know that.”

Moore replied, He absolutely has to be. He lives in Fairfield, he’s a Brookfield resident, I know for a fact he lives in Brookfield, he’s a customer of that dispensary.

Rist replied, “What I wanted to make sure is that we don’t put anything on record against the dispensary that they’re not responsible for, and that’s the police report I went after, has there been anything up at the dispensary, and the police hadn’t been called up there, and the answer is no.”

Moore replied, “That’s my point. The point I’m making is not against the dispensary owners, they didn’t tell him to go smoking in the car, they didn’t tell him it’s okay to, he did it on his own volition, which is against the regulations of the medical marijuana program. My point is, this is the slippery slope that maybe Phil spoke about, of taking advantage of this program, and therefore being a problem, as opposed to, I don’t even know what percentage it is, the number of people that use that dispensary in a proper way. The number that use it properly, because I’m not going to get into the anecdotal information I have of people getting their medical marijuana cards in a very surreptitious way. I know people specifically that got them. I’m not going to get into that because it is not necessary, right? I just want to say that it’s not been as clean as I was hoping. It has been very good. I drive by there everyday, there hasn’t been a problem there, there hasn’t been anybody knocking on the door, they get deliveries of $500,000 worth of marijuana, and thankfully no one has tried to knock them off. Thankfully. And that’s been great and I’ve been very happy about that. And there hasn’t been any, you know, people walking down the street high as a kite, hasn’t happened either, you know. For all intents and purposes it has been okay, but that is just one example of the potential for misuse for that program, not even given the recreational, you know, question side.”

Bethel resident George Gerick gave public comment. “I’ve lived here all my life, about 60 years, one of the first houses on the street. The vandalism I have seen, I can’t prove it’s related to the dispensary, all I tell you is its never happened before. The vandalism I saw to Mr. Watson’s car was unbelievable, totaled the car. The windows were all smashed in, the mirrors on the side were smashed, the air was let out of the tires. The police came, took fingerprints, haven’t heard anything more about it. He had to donate the car because it was totaled. Two weeks exactly, later, another neighbor on the other corner, Birch Drive, an incident with his vehicle. Nothing was stolen in the car, the glass was broken, air was let out of the tires. At the same time, there was some character, some person with a truck, tried to, went to a neighbor’s house, and wanted to use the telephone or some tools, and she wouldn’t let him in. He started looking around the house, instead of calling the police she called her husband. I don’t know what happened after that. So, and another thing is a strange character walking down the street with a hatchet in his hand. Is there a law against that? Probably not, but we’ve seen some strange things go on that I’ve never seen before. Is it related to the dispensary? I can’t prove it. All I can tell you is it’s happened since the dispensary is there, and that was one of our fears from the very beginning. I just want to get it on the record.”

Bethel resident Diane Tomanio gave public comment. “I just have a question on the moratorium. What happens at the end of the year, on March 11th of 2016?

Palmer answered, “The regulations will be adopted. At the end of the moratorium we will have regulations adopted that are, I guess, acceptable to the Planning and Zoning Commission and the public, to manage the future of marijuana facilities in Bethel.”

Tomiano asked, “So the regulations will be voted on by the public?”

Palmer replied, “No they will be voted on by the Planning and Zoning Commission.

Tomiano said, “ok, so…”

Commission members Lennon and Rist both added, “with public input.”

*****

The result of the meeting was that the P&Z voted to accept the amendment for a one-year medical marijuana moratorium,”Uses Subject to Moratorium,” as follows:

PROPOSED AMENDMENT TO THE ZONING REGULATIONS
Section 4.4

Uses Subject to Moratorium

A Moratorium on the Acceptance of Applications for New Medical Marijuana Dispensary and/or Production Facilities, Expansion of Existing Medical marijuana Dispensaries, or New retail Recreational Marijuana Establishments and new Definitions in ARTICLE 2 (to define these facilities)

“Reasons: The Commission acknowledges the adoption by the State on August 28, 2013 of final regulations concerning the “Palliative Use of Marijuana,” codified in sections 21 a-408-1 to 21-a-408-70 in the Regulations of State Agencies for the Department of Consumer Protection. As printed from the DCP website, the regulations include 76 pages of regulations for the very tightly controlled administration of the State’s medical Marijuana Program, including requirements for those who seek licenses for the growing and dispensing of medical marijuana.

“The commission further recognizes an existing medical marijuana dispensary located at 16 Stony Hill Road aka 4 Garella Road in the town of Bethel, owned and operated by Compassionate Care of Connecticut, LLC, which was granted a zoning permit on May 13, 2014, issued a certificate of Zoning Compliance for occupancy on September 2, 2014, and which is now open for business as a permitted use in the Route 6 Business Zone.

“In order for the Zoning Commission of Bethel to properly evaluate these State regulations and to consider the adoption of zoning regulations for local control of these uses with a goal toward maintaining and protecting the public health, safety and welfare of the residents of the community, a moratorium on the acceptance of any applications for expanding existing facilities or for new facilities for dispensing or growing medical marijuana, or retail recreational establishment is proposed.

The State has issued four(4) licenses within the State for growers, and six(6) licenses issued for dispensaries in the initial stages of the program. In addition, the DCP regulations require that the Agency, when issuing licenses, consider “whether the proximity of the proposed dispensary facility will have a detrimental effect upon any place used primarily for religious worship, pubic or private school, convent, charitable institution, whether supported by private or public funds, hospital or veteran’s home or any camp or military establishment.” [Sec. 21a-408-14].

Clearly, the complexity of the DCP regulations an controls adopted to carefully regulate this use at the State level supports the premise that the use should also be carefully regulated at the local level. The proposed moratorium is therefore justified.

*****

The Following language is proposed within new Section 4-4 MORATORIUM in BOLD, UNDERLINED Language.

SECTION 4.4 MORATORIUM

1. Uses Subject to Moratorium

(a) INTENT AND PURPOSE

The Zoning Commission has determined that the following uses have the potential to impair the health, safety and welfare of its citizens, and that a temporary, limited moratorium is needed in order to properly develop restrictions and standards for the implementation of these uses.

(b) IDENTIFIED USES SUBJECT TO MORATORIUM

1. Medical marijuana dispensary facility

2. Medical marijuana production facility

3. Expansion of existing dispensary facility

4. New retail recreational marijuana facility

(c) APPLICATION

1. No application for a medical marijuana dispensary, production facility, or retail recreational marijuana establishment and no installation or creation of a medical marijuana dispensary or production facility or retail recreational marijuana establishment shall be permitted in any zone within the Town of Bethel during the effective dates specified in Sec. 4.4.1(d).

(d) EFFECTIVE DATE and EXPIRATION

1. The effective date of the moratorium on the application or installation or creation of any medical marijuana dispensary, production facility, or retail recreational marijuana establishment is the date of adoption of this regulation by the Zoning Commission together with the filing of the amendment with the town clerk (beginning on ), expiring in one calendar year (ending on ).

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