Decision pending: Pomfret Zoning discusses cannabis retail store
Pomfret Zoning discusses cannabis retail store
Trending
A cannabis retail store could soon be setting up shop in the town of Pomfret. While no final decision was made at the latest Pomfret Zoning Board meeting, the Board will discuss the application further with the intent of issuing a decision in the near future.
Two representatives attended the recent public hearing on behalf of Empire Smoke Shop 9, an applicant seeking to establish a cannabis retail store along Route 60. The shop would be located in the same plaza as O'Reilly Auto Parts and the new Firehouse Subs shop, in between a liquor store and a hair salon. The application was filed in June. Since then, representatives have been in contact with the town in preparation of a formal proposal on Sept. 1.
Corey Auerbach, from the law firm Barclay Damon LLP, presented the project to the Zoning Board. The hearing itself lasted roughly 40 minutes, after it was delayed approximately 45 minutes due to a hearing scheduled prior to it that lasted over an hour.
Zoning Board members Ruth Eckstrom, Michaelene Comerford, Raymond Lewandowski, and Chairman David Fridmann asked several questions regarding the application, including setbacks, consumption restrictions, and how products are discarded. Auerbach alleviated the concerns of the Board by stating that consumption on-site is prohibited, products are kept in cases with employees who control what is presented to customers, and all discarded products are returned to the distributor. When asked if any cannabis products would be discarded in the trash where someone could access it, Auerbach said, "Absolutely and unequivocally, no."
At various points throughout the presentation, Auerbach compared a cannabis shop to a liquor store. He highlighted how both are adult-use stores for off-site consumption, where identification is required prior to purchase. In terms of a cannabis shop, identification is required upon entry, and again at the point of sale. An employee will monitor the entrance and scan identification upon entry, where most liquor stores do not.
If approved, the store would be the first permanent marijuana retail shop in the town of Pomfret. Temporary pop-up locations have been approved in recent months. The store would be named Marz Cannabis, with signage in compliance with local and State requirements. It would be licensed and regulated by the State Office of Cannabis Management.
There are zoning laws that permit cannabis shops in the Town of Pomfret, but the State of New York's regulations supersede the local guidelines. The applicant complies with all State guidelines and nearly all local regulations, with the exception of total square footage. Auerbach said the applicant would be willing to reduce its proposed storage space to comply with the 2,500-square-foot requirement if the Board stipulates in the granting of a special use permit.
The applicant is seeking a special use permit for use of the existing building as a cannabis shop with no expansion proposed. The shop would utilize existing parking, access, and infrastructure. No changes to road patterns would be required. With no significant impact on the environment, the Zoning Board agreed with the applicant that the project falls under a Type II action under the State Environmental Quality Review Act.
"It's really an already developed commercial site. We're not expanding the building footprint. There will be no exterior site work proposed, nothing that will interfere with the reasonable use and enjoyment of the adjoining properties," Auerbach said. He later added, "I think this is precisely the type of location contemplated by the Town for this use – an existing commercial space that will be reused and reactivated, in the mixed use corridor."
The applicant itself, Empire Smoke Shop 9, has not opened a cannabis shop prior to this project, but management associated with the store has experience with shops in Buffalo and Batavia. The shop could lead to 10 full-time jobs if it is approved. It would maintain hours of operation within the requirements of the town.
As a State-licensed distributor, 4% of gross sales would benefit the community, including 3% directly distributed to the Town of Pomfret. Auerbach explained that if the store generated $5 million in revenue, the Town of Pomfret would directly receive $150,000.
The Zoning Board heard public comments from two interested parties following the presentation. The first comments were from Lance Weinert, the operator of a pop-up cannabis shop located across the street from the proposed store. He objected because his shop has already been operating in the town on a temporary basis, and approving a permanent location would force him to move locations to comply with statewide regulations.
The other member of the public to speak represented Patton's home appliance store, located in the same plaza as the proposed shop. Patton's initially objected to the proposal with concerns about on-site consumption, but following the presentation, those concerns were alleviated.
Following public comments, the Zoning Board closed the public hearing. The meeting was adjourned, reserving decision, as the Board will have further discussions with legal counsel regarding the application before issuing a decision in writing.
The next Town of Pomfret Zoning Board of Appeals meeting will be Tuesday, Oct. 6.