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Ordinance would protect cannabis farms from nuisance complaints

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KENT, CONN.—Land Use Administrator Tai Kern informed the Planning and Zoning Commission at its February meeting that there is no Right to Farm ordinance in Kent, but rather a revised ordinance that protects farmers from nuisance complaints.

At the last meeting of the Cannabis Subcommittee, Kern told members that she had received comments from residents who believed that the town’s Right to Farm ordinance would trump any local zoning ordinance in controlling the growth of cannabis.

Commission members discussed what affect this would have on any regulations they might develop regarding growth, distribution and retail cannabis operations.

Following that meeting, past Conservation Commission Chairman Connie Manes visited Kern’s office to clarify the situation. A Right to Farm ordinance allows agricultural pursuits in any zone exempting them from local zoning regulations for odor, noise, dust, use of chemicals, and non-drinking water pollution, if the farming activities conform to acceptable management practices.

Because the previous ordinance could be misconstrued as allowing residents to bring complaints against farmers rather than protecting them, a year ago, the Conservation Commission revised and clarified its intent and the town approved it at a Jan. 18, 2024, town meeting. 

At the time the revision was made, Manes said it was recommended by the Northwest Hills Council of Governments and that the problem lay in the fact that the previous ordinance “confused almost everyone.”

The Protection of Farms and Farmers from Nuisance Claims Ordinance does not confer any rights but rather shields those farming using proper management practices from complaints made by neighbors. 

“Should Planning and Zoning determine that agriculture includes cannabis, and if neighbors thought the smell was a nuisance, there would be no enforcement. It would be protected under the ordinance,” said Kern.

PZC members are gathering public input about whether cannabis businesses should be allowed and about 250 respondents have returned the survey. They are evenly divided in their opinions. 

Cannabis businesses in towns can be controlled through zoning or an ordinance but the PZC is leaning toward having an ordinance. PZC Chairman Wesley Wyrick said he talked to First Selectman Marty Lindenmayer and Lindenmayer said the Board of Selectmen would like to be involved in the deliberations.

ANOTHER MOTORIOT COMPLAINT

KENT, Conn.—Land Use Administrator Tai Kern has received a complaint from a resident that Motoriot is still operating without a state license. 

The custom auto sales outlet has been in business for more than a year. It did not satisfy local zoning and sewer district regulations until last August.

The resident wanted Kern to issue a cease-and-desist order for the business.

Kern said that although an automotive business must satisfy local regulations before a state license can be issued, the state licensing process is separate from local control.

She advised the man to take the complaint to the state.

EDC SUBCOMMITTEE SETS ITS GOALS

KENT, Conn.—The subcommittee charged with creating a mission statement for a permanent Economic Development Commission recently held its organizational meeting, elected officers, and laid the groundwork for achieving its goal.

Glenn Sanchez was elected to lead the subcommittee, which consists of Julie Chang, Robert Love and Gary Davis.

Anne McAndrew, originally named to serve, dropped off the subcommittee because of time conflicts and alternate Greg Eads said he would be willing to become a full member. His name will be presented to the Board of Selectmen for appointment.

Sanchez asked that anyone interested in serving as an alternate contact the selectmen’s office.

The committee’s sole charge is to create a mission statement. Sanchez presented EDC mission statements from Litchfield, Goshen and Washington, Conn., as examples.

Litchfield’s called for its EDC to “enhance the economic well-being and long-term prosperity of the Town by serving as a resource for current and future businesses and organizations.”

It further stresses promoting “responsible economic growth and retain[ing] and attract[ing] business owners and residents to the community who value the Town’s history, unique quality of life, and collaborative vision for the future.”

Goshen’s is short and sweet, calling for “sustainable, economic growth that attracts, retains, and expands business development while maintaining the town’s heritage.” 

Washington’s seeks to “deliver the Washington Plan of Conservation and Development and to recognize the changing social and economic character of Northwest Connecticut.”

Chang noted that Goshen and Litchfield used words like “sustainable” and “heritage.” She took the Litchfield statement and turned its phrases into questions that could be used in a questionnaire to discern the thoughts of Kent residents and businesspeople.

She would pose such questions as “What do you most hope for from an Economic Development Commission?” “What does responsible growth, economic development and long-term prosperity mean to you?” and “What idea or initiative would benefit you or your business?”

“If we did this across the town, we would get a pretty good idea of what people are thinking,” she said. 

Other members of the committee agreed, Love saying, “It will help us to put meaning behind the words.”

He added that in discussing issues with community members, the questions posed should be consistent.

“I want the questions to be somewhat open-ended, so they reflect the diversity of thought across key stakeholders,” he explained. “But if we can come up with something consistent, it can then be comparative and accumulative.”

Sanchez said he believed the knowledge would “strengthen the mission statement,” but that the group “needs to move slowly, gradually and talk to as many people and institutions as possible.”

He had made an appointment to talk to Land Use Administrator Tai Kern about the Plan of Conservation and Development, and had appeared before the Chamber of Commerce.

An educator, he offered to speak to all the town’s schools and said the Kent Land Trust and Kent Affordable Housing should also be consulted.

“There are many groups that should have a say in this,” he concluded.

Kathryn Boughton
Written By

Kathryn Boughton has been editor of the Kent Dispatch since its digital reincarnation in October 2023 as a nonprofit online publication. A native of Canaan, Conn., Kathryn has been a regional journalist for more than 50 years, having been employed by both the Lakeville Journal and Litchfield County Times as managing editor. While with the LCT, she was also editor of the former print Kent Good Times Dispatch from 2005 until 2009.

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