Cannabis store approved by Pomfret board
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POMFRET -- The first permanent marijuana retail shop in the town of Pomfret has been approved. The Pomfret Zoning Board recently granted a special use permit to Empire Smoke Shop 9 for the operation of a cannabis retail dispensary in an existing commercial building.
The cannabis shop will be located at 10376 Bennett Road, Fredonia, just beyond the roundabout off Route 60. It will be in the same plaza as O'Reilly Auto Parts and Firehouse Subs, which also features a liquor store and a hair salon.
Corey Auerbach, from the law firm Barclay Damon LLP, said the property 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 store will be named Marz Cannabis. It will be licensed and regulated by the State Office of Cannabis Management.
The application was filed in June, and representatives were in contact with the town in preparation of a formal proposal on Sept. 1. Following that proposal, the Zoning Board closed its public hearing while reserving decision to a later date. The Board did so with the intent of issuing a decision after consulting with legal counsel and additional time to discuss the application.
After discussion, the Board officially approved the special use permit application. Michaelene Comerford, Ruth Eckstrom, and Chairman of the Board David Fridmann all voted in favor of the project. Ray Lewandowski voted against it, Jonathan Townsend, Zoning Board Alternate, abstained from the vote after not attending the initial presentation, and Alex Moon was absent.
Earlier this month, at a continuance of the September meeting, representatives from Empire Smoke Shop 9 were welcomed before the Zoning Board again for further discussion. All four Board members who were at the September meeting – Lewandowski, Eckstrom, Comerford, and Fridmann – were joined by Townsend, Warren Kelly, Code Enforcement Officer, and David Penharlow, Zoning Enforcement Officer, at the recent meeting, along with Nicole Waite, Zoning Clerk, and seven members of the public, including the applicant.
Fridmann, Comerford, Eckstrom, and Lewandowski asked several questions during the presentation in September, pertaining to 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."
The applicant sought a permit for use of an existing building as a cannabis shop with no expansion proposed. The shop plans to utilize existing parking, access, and infrastructure. No changes to road patterns are necessary. 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. Fridmann, Comerford, Eckstrom, and Lewandowski all voted in favor of the declaration.
After discussing the application with legal counsel, the Zoning Board determined the town's minimum setback requirements for retail cannabis dispensaries would not hold up in court if challenged. New York State's regulations take precedence over the town's guidelines. Rather than fighting that part of the application, the Zoning Board focused on hours of operation, square footage of the retail space, and signage. In the time since the initial presentation to the Board, there were no changes to the plans and proper security has been prepared.
The Town of Pomfret zoning laws permit cannabis retail dispensaries in the mixed-use corridor if a special use permit is granted. There have been temporary pop-up locations that have been in operation in recent months. Because of the location of the newly-approved retail store, the pop-up locations are unlikely to be permitted moving forward because of State regulations.
The Chautauqua County Department of Planning and Development labeled the project as a matter of local concern. The applicant committed to following the Town of Pomfret's regulations in regard to hours of operation, signage, and gross retail floor area. The gross retail floor area will not exceed 2,500 square feet, with the remaining space dedicated to storage and sales floor support.
At various points throughout the presentation in September, 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.
As a State-licensed distributor, 4% of gross sales will 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 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 is expected to create 10 full-time jobs.