Board sets public hearing April 7 on Buffalo Kind delivery amendment; zoning constraints noted

Trustees set a public hearing for April 7 to consider an amendment to the special-use permit for Hoppin’ Hemp Tea Inc., doing business as Buffalo Kind at 640 Main Street, to allow delivery from the brick-and-mortar dispensary.

Tyler Krause, speaking for Buffalo Kind, said delivery had been discussed during the original special-use permit process and that its omission from the issued permit appears to be a drafting oversight. “We stated our intent is to do delivery… When we received the special-use permit, it said no delivery,” Krause said.

Village counsel told the board that the zoning code permits delivery only from manufacturing zones. Counsel said the applicant faces two paths: (a) seek a variance from the Zoning Board of Appeals for deliveries from the current location, or (b) pursue an amendment to the zoning code (a legislative change) to allow deliveries from the village-center or commercial zones. Counsel noted the two paths can proceed in parallel but that a use variance carries a higher legal standard.

Why it matters: allowing delivery changes where and how cannabis retail sales can reach customers; it also raises questions about the point of sale and whether delivery would operate outside the village if the town has not opted in under state law.

Board action and next steps: the board set the public hearing for April 7 so the amendment can be discussed publicly; staff and counsel will circulate zoning references and further guidance to trustees. Counsel cautioned trustees not to preempt any ZBA process by unduly influencing the zoning board.

Ending: Buffalo Kind will proceed with the public hearing process; trustees and counsel will review whether a local code change or a ZBA variance (or both) is required before any final permit amendment can be granted.