Towns consider cannabis options

Rebelle Dispensary is one of several cannabis outlets in Great Barrington.
Photo by Terry Cowgill
This is the second in a series on the legalization of cannabis in Connecticut.
NORTH CANAAN — As towns across the Northwest Corner have struggled to adjust to the COVID-19 pandemic and change the way they do business, they can add another major challenge: how to handle private business interests that want to enter the retail cannabis sector or grow it for the wholesale market.
Connecticut legalized adult-use marijuana sales last year, and the state has put in place some guideposts and incentives with potential revenue streams that could be game-changers for cash-strapped towns.
Municipalities are free to regulate cannabis businesses — medical or recreational — as they would just about any other businesses. According to an analysis by the nonpartisan state Office of Legislative Research, towns may prohibit them from opening, reasonably restrict their hours and signage, restrict their proximity to religious institutions, schools, charitable institutions, hospitals, veterans’ homes or certain military establishments.
According to the Litchfield firm of Cramer & Anderson, which provides legal services to several Northwest Corner towns, a key provision of the new law stipulates that cannabis establishments must be zoned just as similar businesses would be unless municipalities regulate them through their zoning codes or ordinances.
Under Connecticut’s law, possession of 1.5 ounce of cannabis is legal. Since October 2021, medical marijuana patients have been able to grow up to three mature and three immature plants at home starting, with a cap of 12 total plants per household. By July 1, 2023, all adults will be able to grow at home under the same rules.
In neighboring Massachusetts, the cultivation, sale and use of recreational cannabis-related products was legalized through a 2016 ballot initiative.
Cramer & Anderson says it’s also worth noting that, unlike in the Bay State, municipalities in Connecticut that allow micro-cultivators and adult-use cannabis stores “are subject to a cap that limits operations to one retailer and one micro-cultivator for every 25,000 municipal residents until July 1, 2024.” In addition, successful applicants must obtain a special permit from the town for both retail and cultivation uses.
But we’re still in uncharted territory with implications that are controversial, and towns are scrambling to craft appropriate regulations, ban cannabis operations altogether or enact moratoriums on cannabis applications to give planning and zoning commissions time to amend zoning codes that match this challenge.
Hearst Connecticut Media conducted a survey early this year and found that, of Connecticut’s 169 cities and towns, 22 have established bans on sales and cultivation, while 53 have enacted moratoriums on applications.
In Kent, retail stores are prohibited from selling recreational cannabis. In January, Sharon passed a six-month moratorium. Danbury passed a one-year moratorium last July. In Norfolk, a public hearing was held earlier this month to allow public input on several zoning proposals, one of which would regulate the retail sale of cannabis, Tom Fahsbender, chair of the Planning and Zoning Commission (P&Z), told The Lakeville Journal.
But perhaps the most interesting case lies in North Canaan, where the Planning & Zoning Commission held a public hearing in May on a proposed temporary moratorium on cannabis applications.
“We have a rare opportunity for revenue in North Canaan and in light of rising costs, especially education costs, we need to take a serious look at putting a dispensary here,” said former Selectman Susie Clayton.
The town’s taxpayers are frustrated over a steep increase this year of $745,000 in the town’s Region One assessment, placing what officials feel is an undue burden on Canaan.
Though by comparison North Canaan’s population is lower than Salisbury’s, it still has to pay substantially more to the regional school district because it sends more than twice as many students to Housatonic. In addition, Salisbury’s weighted voting power on the Region One Board of Education is higher because North Canaan’s population is lower.
The higher tax burden is compounded by the fact that North Canaan’s tax rate is higher because its property values are generally lower than Salisbury’s. North Canaan Selectman Craig Whiting said last fall that the Region One assessment is “bringing our town to its knees.”
Its unknown how much revenue the cannabis industry could bring to North Canaan.
Twenty minutes to the north, Great Barrington, which has about twice as many full-time residents as North Canaan, took in more than $1 million in the first six months after Theory Wellness, the town’s first recreational cannabis store, opened in January 2019 to long lines that snaked almost around the corner to the Price Chopper. Half a dozen others have since opened.
Great Barrington’s finance director said 12 months ago that since 2019, the town had taken in $6.7 million in cannabis revenue, though officials expect the numbers to decline should sales begin in Connecticut and in New York, where the state Legislature also legalized adult-use last year.
For some perspective, in 2019 Great Barrington’s annual budget was a little more than $30 million, including its assessment to fund the regional school district.
“This will never turn into Great Barrington,” North Canaan resident Ed Capowitz said at the hearing. “We’re allowed one facility. Why turn down that revenue?”
“Our tax bills are getting higher and I know that the ... selectmen are having trouble even trying to get the budget raised whatsoever because there’s just not enough money to go around,” added Ruth Adotte. “So what I’m saying is it would help with the taxes.”
The Connecticut Department of Consumer Protection, which regulates cannabis, has laid out the taxing scheme for retail cannabis sales: the standard 6.35% sales tax levied on most retail items, a 3% sales tax dedicated to the city or town where the sale occurs, and a tax based on THC content that will cost approximately 10 to 15% of the sale price.
The state estimates the total cumulative taxes paid on cannabis purchases to be roughly 20% of the retail price.
Tim Abbott, who chairs the North Canaan P&Z, said no applications have been received yet. Weeks after the public hearing in May, the commission voted unanimously to enact an eight-month moratorium on cannabis applications to give the panel time to draw up regulations, such as which parts of town are appropriate for cannabis, hours of operation, signage and recovering costs for additional policing.
“These are the areas where we have some control,” Abbott said, who said he is neutral on whether to allow sales and cultivation of the product.
A townwide referendum on whether to allow cannabis sales and/or cultivation is tentatively slated for November. If it passes, Abbott expects the regulations should be ready for review by March 2023.
Abbott emphasized that, “Kicking the can down the road isn’t the purpose of a moratorium. It buys you time to do your due diligence, to educate yourself as a commission, to know the law, to see what it might look like in the event that the new change happens.”
The sentiment among Canaanites could spur action. Some residents at May’s public hearing objected even to a moratorium. Lyle Kloke said he thought the commission was “negligent” in not addressing the issue even sooner.
Aradev LLC’s plans to redevelop Wake Robin Inn include four 2,000-square-foot cabins, an event space, a sit-down restaurant and fast-casual counter, a spa, library, lounge, gym and seasonal pool. If approved, guest room numbers would increase from 38 to 57.
LAKEVILLE — The public hearing for the redevelopment of Wake Robin Inn is over. Salisbury Planning and Zoning Commission now has two months to make a decision.
The hearing closed on Tuesday, Sept. 9, after its seventh session.
Michael Klemens, chair of P&Z, had warned at the opening of the proceedings that “this might be a long night” due to a last-minute influx of material from experts hired by Wells Hill Road residents William and Angela Cruger to oppose the project, but this turned out not to be the case.
These 11th hour submissions set a sour tone to the start of the meeting, with commissioner Robert Riva stating that it was “not very professional to pull this stunt on this Commission.” Riva said he had diligently reviewed the already substantial documentation provided by both the applicant and the opposing experts, and was surprised to find a “dump” of additional information submitted just hours before the meeting’s start time at 6 p.m.
Tensions were quickly eased, however, when William Cruger offered his concise summation of his platform’s opposition to the expansion, which is the second iteration of the project after an earlier version was withdrawn late last year.
“It’s important for you all to hear from me that there was never any disrespect intended to the Commission, the commissioners, and to the process,” Cruger said. He defended the last-minute submissions as an effort on the part of the experts to be thorough in their analysis: “Our intention… has been and remains to do our best to get whatever we think will be helpful in your deliberations into the record.”
The Crugers formally entered the hearing process as intervenors for the first application from Aradev LLC, the applicant, in the fall of 2024, meaning they and their hired consultants had full party status in the hearing proceedings. During this cycle, however, they chose not to petition for intervenor status, yet during this round of hearings their role has been similar. Klemens described them as having “almost intervenor status — not quite.”
William Cruger summarized the consultant’s findings for Aradev’s revised application, noting they found it to be “virtually identical in scale to the previous proposal.”
“Our position is that the proposed expansion would absolutely negatively impact the usefulness, enjoyment and value of the surrounding properties,” he said.
Aradev’s attorney Joshua Mackey countered by saying that the special permit conditions would elevate the currently non-conforming hotel in the zone, describing it as a “community asset that is improved, regulated, and safeguarded for generations to come.” He characterized Aradev as “the next steward of this storied property.”
After Mackey and Aradev co-founder Steven Cohen concluded their remarks, Klemens closed the hearing with no public comment, which he had stated would be the case at last week’s hearing session on Thursday, Sept. 4. Klemens said that P&Z will begin deliberating the proposal in early October after the commissioners have had the chance to review the information in the record.
A total of 45 letters, including the Crugers’ experts’ testimony, were submitted since the Sept. 4 meeting alone, alongside hundreds of pages of application materials and additional testimony.
As the Commission deliberates and reviews, all of this information is available for public viewing on the “Meeting Documents” subpage under P&Z’s section on the town website, www.salisburyct.us.
The Commission must issue a decision on the application by Nov. 13, the end of the statutorily defined deliberation window.
The Weavery is Stanton Home’s oldest activity space, featuring a collection of vintage and modern floor looms. It offers opportunities for building dexterity, creative expression, and social connection through fiber arts.
Stanton Home is holding its annual Harvest Roast fundraiser on Saturday, Sept. 13 in Great Barrington, an evening of farm-to-table dining, live swing music, and community connection.
For nearly 40 years, Stanton Home has supported adults with intellectual and developmental disabilities through residential programs, therapeutic services and skill-building activities.
“Here in the Berkshires, adults with diverse abilities often face barriers like limited housing, tricky transportation, and fewer opportunities for meaningful work,” said Executive Director Peter Stanton. “Stanton Home flips that script. Our mission is to partner with adults to pursue healthy, self-determined lives.”
The Harvest Roast features locally grilled meats, roasted vegetables from Stanton’s own gardens, warm apple crisp with SoCo Creamery ice cream, and beverages —all set to the swing and gypsy jazz rhythms of the Lucky 5 Band.
“The Harvest Roast is a celebration of what makes our community strong, inclusive, and vibrant,” Stanton said. “Every ticket and sponsored table supports programs that make a lasting difference.”
Guests will begin in the gardens with a signature cocktail before gathering at long farm tables for a shared meal and celebration.
“Though this night matters, the work is year-round,” Stanton added. “People can help by shopping locally at the farm store or buying handmade weavery goods, pitching in with time or skills, gardening, lending a hand at events or by partnering with Stanton’s programs like composting or sourcing local goods. Folks can also speak up for inclusion in their workplace or community circle. Even the smallest action helps keep the mission alive.”
Tickets are $125 per person. Proceeds support Stanton Home’s inclusive programs. Reserve at donorbox.org/events/771775/steps/choose_tickets or call 413-441-0761.
Following the memorable benefit reading last season of Charles Busch’s Tony-nominated Broadway hit, “The Tale of the Allergist’s Wife,” the Sharon Playhouse will present a one-night-only staged reading of his riotous comic melodrama “Die Mommie Die!” on Friday, Sept. 12 at 7 p.m.
The production —a deliciously over-the-top homage to classic Hollywood mid-century thrillers — continues the Playhouse’s artistic partnership with Busch, who reprises his iconic role of the glamorous yet troubled songstress Angela Arden.
The playwright and performer is no stranger to the Playhouse and, luckily, he’s supported by a truly stellar powerhouse cast of top-notch comic actors — some returning to the Playhouse stage, and some making their debut. The cast includes Richard Kind; two-time Tony Award nominee Kristine Nielsen, who was part of the original New York cast; Tony Award winner Celia Keenan-Bolger; Andrew Keenan-Bolger; and Claybourne Elder.
The production also marks a fortuitous alignment of talent and history. It is directed by Sharon Playhouse Artistic Director Carl Andress, who performed in the play’s Los Angeles premiere in 1999.
“I have a long and happy history with this particular show,” Andress said. “At the Sharon Playhouse, we’re thrilled to offer unforgettable, one-of-a-kind live experiences. With Charles Busch and this phenomenal cast, ‘Die Mommie Die!’ will surely light up the Olsen Stage with laughter, wit and glamour.”
The original music is by Lewis Flinn, whose score for the 2007 Off-Broadway production is being adapted specially for this event.
The play is a classic Charles Busch concoction that, like all his work, lovingly and intelligently spoofs some of the greatest talents and tropes of stage and screen. The original production was praised by critics as his “funniest, most accomplished and, without question, raunchiest work.”
In 2003, Busch won the Best Performance award at the Sundance Film Festival for the film version of “Die Mommie Die!” His indelible contributions to American theater have been recognized with countless awards and he was recently inducted into the Theater Hall of Fame.
The event promises to be an unforgettable night of laughter, glamour and theatrical fun, with all proceeds going to benefit Sharon Playhouse’s productions and educational programs. The funds will help ensure that the Playhouse continues to thrive as a cultural destination for audiences and artists alike.
For tickets, visit: sharonplayhouse.org. Running time: 90 minutes.
Richard Feiner and Annette Stover have worked and taught in the arts, communications, and philanthropy in West Berlin, Paris, Tokyo, and New York. Passionate supporters of the arts, they live in Salisbury and Greenwich Village.