Pubdate: Tue, 09 Jul 2013
Source: New Haven Register (CT)
Copyright: 2013 New Haven Register
Contact:  http://www.nhregister.com
Details: http://www.mapinc.org/media/292
Author: Susan Misur

DECISION DELAYED ON WEST HAVEN POT FARM

WEST HAVEN  The Planning and Zoning Commission opted Tuesday to 
continue discussions of a medical marijuana facility proposal, 
wanting more time to consider an application that's a 
first-of-its-kind in the city.

Representatives of Advanced Grow Labs LLC presented a plan for a 
medical marijuana production location at an existing 400 Frontage 
Road building, requesting a speedy decision but agreeing to come back 
for the July 21 PZC meeting. Commissioners said their hesitancy in 
voting stems from not having enough time to read documents they 
received Tuesday and a dilemma surrounding legal concerns.

While the state recently began allowing residents to use medical 
marijuana, federal law does not.

"What my main concern is, you said federal law doesn't allow 
manufacturing and sale of medical marijuana, but the state law is 
going to. I always thought state law superseded city law, and federal 
law superseded state law," commission Chairman Gene Sullivan said. 
"That's the way I always understood things, and I always thought it 
was whatever provided greater protection of citizens. I'm concerned 
we should not act hastily on this."

But federal authorities say they will likely only target rogue 
members of the medical marijuana industry, said attorney Diane 
Whitney, who represents Advanced Grow Labs.

"It's a question we have asked federal authorities in Connecticut: 
how they're going to approach this. And the answer is as long as a 
facility operates in conformance with all the regulations and all the 
statutes that apply to it, they are not going to interfere with that 
use," said Whitney, who added that state regulations will be very 
strict. "If a facility goes off the reservation, basically, and 
starts operating in way that is contrary to regulations, the federal 
agencies may very well enforce against it."

The application before the PZC is for a site plan review, which does 
not require a public hearing or special permit. That led Whitney to 
believe the approval process would be brief, although she 
acknowledged the large amount of information she gave to 
commissioners, saying she wanted to ensure they had enough background 
information and the state's draft regulations.

"It's such an easy application, it's hard to understand why it 
wouldn't be approved," she said after the meeting.

Whitney said the two-week delay in a possible approval is "a concern" 
because Advanced Grow Labs, of Fairfield, wants to ensure it's in the 
first wave of applications to the state for medical marijuana 
production permits. After companies get municipal approval, they must 
seek state approval, which means that even if the PZC votes in 
support later this month, the facility can't automatically open.

The state in the next several months is expected to begin awarding a 
limited number of permits for dispensaries and production locations, 
but its regulations must first be finalized.

Advanced Grow Labs is not currently applying anywhere else for a 
production location, but is considering other areas for dispensaries, 
according to Whitney. The company is run by two partners, David 
Lipton and Jay Czarkowski, who came for the meeting from Colorado 
where he works as a consultant in the medical marijuana industry.

When asked why Lipton and Czarkowski chose West Haven for a possible 
production facility, Whitney said, "They found a building they liked 
and a location they liked."

The Frontage Road space in question has been vacant for around six 
years and is in a light industrial zone near Interstate 95 and 
surrounded by other companies. The medical marijuana production 
facility would not sell directly to the public and would open under a 
plant nursery category.

The application includes security plans and landscaping and parking 
lot upgrades, according to Rick Raymond, project manager with the 
Anthony V. Giordano firm. Whitney said the company is prepared to 
work with the city building and engineering department and already 
met with the health department.

Commissioners didn't ask many questions Tuesday, planning to further 
review application materials and question the applicant in detail at 
the next meeting. Vice Chairman Steven R. Mullins said, "It would be 
irresponsible of us as commissioners to basically go into this 
blindly and give you a decision, yes or no. It's not fair to any 
commissioners who haven't had a chance to review the information, 
which isn't your fault. ... But we have to do what we have to do in 
order go forward."

Though there was no public hearing for the application, Sullivan 
agreed to hear from one resident, Paul Kaplowe, who remained in the 
audience after commissioners voted to continue the matter.

Kaplowe thanked the PZC for taking extra time to research the issue.

"It may be a great thing, but all of the intricacies of this ... need 
to be addressed and brought to the public's light so we understand 
what the ramifications are, the good and the bad, the tax benefits, 
versus what it's going to take to enforce and control the facility so 
it's not hacked into or burglarized," Kaplowe told commissioners.

West Haven is not the first city to receive an application for a 
medical marijuana production business. Middletown is also considering 
such a facility.
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MAP posted-by: Jay Bergstrom