The Planning and Zoning Commission in Enfield has unanimously approved an application from the town to modify its recreational marijuana regulations for separating distances in the business regional zones and to eliminate variances in the entire town.
The rule change adds two subsections: prohibiting the Zoning Board of Appeals from allowing variances from separation distances for recreational marijuana establishments and allowing the PZC to modify separation distance only within the business regional zones for recreational marijuana use of any kind.
According to the town planning staff, the change recognizes the unique range of uses, frequency of occupancy changes, physical development pattern within the business regional zones, and the major roles the zones play in Enfield’s economy as a source of employment and tax base.
Staff reported the rule change is consistent with the town’s plan of conservation and development, promotes economic development in appropriate locations, and the Capitol Region Council of Governments has found it will not have inter-municipal impact.
In September, Director of Planning Laurie Whitten told the commission the town has received inquiries to place a cannabis retail store in the business regional zone. However, she said, the 1,500-square-foot separation requirement from schools and day care establishments would eliminate over two-thirds of the zone for such a purpose, requiring a modification subject to criteria and findings by the PZC.
The effective date for the zoning rule change is Nov. 14.
Recreational marijuana production and dispensary facilities in Enfield, licensed by the state, will be allowed by special permit only.
Only one resident spoke during the Oct. 27 public hearing before commission members voted on the town’s application. Donna Dubanoski said while others are concerned with the problems drug use causes, commission members — if they approved making the changes on distances — would be saying drugs can be sold on every street corner.
The criteria for modifying separation distances in the business regional zones include the specific physical use, infrastructure, vehicular and pedestrian circulation, hours of operation, patronage, scale, and access. The PZC would also have to consider the likelihood of interaction between the use and protected uses where it might create undue risk to health or safety of occupants, employees, or patrons of the protected use.
Before the PZC can approve a modification, members must find that the proposed use will not likely create undue risks to the health and safety of occupants, patrons, employees, or others at the protected use’s site.
Commission members may require an applicant seeking a modification to submit documentation including surveys, written reports, land records, data, photographs, or other materials to support the request.
