The Committee on Legislation reopened a public hearing on a special-use permit for a retail cannabis dispensary at 758 Elmwood Avenue on Tuesday, where dozens of residents, school officials and business owners testified for and against the proposal and the applicant’s attorney said state licensing and a unanimous planning-board recommendation weigh in the applicant’s favor.

The hearing matters because the site is within blocks of several schools and a small public micro-park, prompting neighborhood groups and school representatives to argue the location poses risks to children; supporters and the applicant say the license-holder meets state proximity and security requirements and that a compliant, regulated dispensary can benefit the neighborhood economically.

Applicant Kevin Kane said he had met with Council Member David Rivera, held public meetings and spoken with the Elmwood Village Association and nearby businesses since the committee’s prior meeting. “My goal with this project is to be a good neighbor,” Kane said, adding his team intends to be engaged with the Elmwood Village community.

Opposition coalesced around proximity to schools. Kate Hurley, leader of the Cleveland Avenue, Tudor Place and St. Catherine’s Court Neighborhood Association and a parent, said the group collected more than 50 signatures from nearby residents and more than 210 from the Norton Academy community, and that Kenesha High School and Buffalo Seminary administrations oppose the permit. “758 Elmwood is just blocks away from multiple schools serving over a thousand students. It is undeniably a school zone,” Hurley said.

Catherine Mullen, a physician and head of the Nardin Academy Parents Association, told the committee the American Academy of Pediatrics warns of potential adverse effects of adolescent cannabis exposure and urged the council to consider evidence linking proximity of dispensaries to increased youth substance use in some studies. Tom Capol, principal of Canisius High School, asked the council to “slow it down,” noting students regularly use Elmwood for lunches and errands.

Supporters said the applicant has met state vetting and security requirements. Alyona Rutherford, a cannabis business consultant who said she has worked with the applicant since 2023, described required background checks, fingerprinting and a state-reviewed security plan with 24-hour surveillance and an on-site guard. The applicant’s attorney, Corey Auerbach of Barclay Damon, told the committee that Kevin Kane had received an adult-use dispensary license from the New York State Office of Cannabis Management and that the license reflects state proximity protections. Auerbach also said the city planning board had unanimously recommended approval of the special-use permit under section 11.3.3(e) of the city code (the “green code”), which implements standards for special uses.

Multiple speakers raised concerns about the applicant’s initial community engagement. Council Member David Rivera said there had been “very little communication” between the applicant and his office and the community at the start of the process, which he said contributed to a lack of trust. Rivera asked whether the property acquisition was contingent on council approval; counsel confirmed that the proposed lease/purchase would not proceed if the council denied the permit. Rivera said he was not ready to make a recommendation to the full council and asked that opponents and supporters submit letters to council members; he asked the committee to table the decision.

Formal action at the meeting: after public testimony, Council Member Rivera moved to close the public hearing and to table the matter for further consideration; the chair closed the hearing and the item was tabled for future action before the full council. The full council will consider the matter at its next meeting and a final vote is expected there.

Discussion only: extensive public comment from parents, school officials, business owners and neighborhood groups. Direction: council requested additional submissions and community engagement materials and law-department review. Decision: committee closed the public hearing and tabled the item for later action at the full council.

Any final decision will rest with the full council; the committee record indicates strong, organized neighborhood opposition focused on school proximity and concerns about marketing and visibility, balanced by testimony that the applicant has secured state licensure and meets state proximity rules and operational requirements.