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Public hearing on draft cannabis rules draws neighbors seeking spacing, zoning and hours limits
Summary
At a Jan. 14 public hearing, residents urged the Cheektowaga Town Board to add distance buffers, zoning limits, hours caps and restrictions on lounges and drive-throughs to a draft local law regulating cannabis retail operations. Board members said they would consider wider setbacks and other amendments.
The Cheektowaga Town Board opened a public hearing Jan. 14, 2025, on a draft local law to regulate cannabis establishments and heard several residents urge stricter limits on where and how dispensaries and cannabis lounges may operate in town.
"One of them I noticed is, possibly add a paragraph in there or a sentence saying, no such cannabis use or dispensary should be 1,000 feet of another existing cannabis facility," resident Diane Benczkowski told the board. Benczkowski recommended zoning limits that would exclude dispensaries from residential zones and asked the board to add provisions for "showcases and lounges," signage restrictions, fencing or screening and limits on drive-through service.
Resident Dawn Fialipsky likewise suggested distance buffers from schools and other youth-focused uses, telling the board she had noticed dispensaries in close proximity to local schools and asking for a 1-mile buffer from schools, parks and day cares.
Several commenters also asked that the town limit hours of operation. "Why not Monday through Saturday, 9 a.m. to 8 p.m. ... and then Sunday, 12 to 4, the day of worship?" Benczkowski asked, noting the draft law the board circulated contemplated 70 hours weekly.
Town Attorney Tom Fowler and other staff told the hearing the draft law served as a starting point for discussion and could be amended after public input. "This is not a set in stone local law. That's why we have these public hearings," the town attorney said, inviting comments and suggesting the board and staff would consider changes.
Board members expressed general agreement that some draft distances should be increased and that more specific zoning controls were appropriate. At one point a town official said there were approximately 17 commercial cannabis-related applications in circulation, a count that drew comment from board members and the public.
The public hearing opened after the board read a prior call for comment (Resolution 2024-770). Several speakers addressed the draft law during the hearing; the hearing was then closed by motion and vote. The board did not adopt the draft local law at the Jan. 14 meeting; members said they expected to circulate amendments and return a revised draft for consideration at a later date.
Ending: The hearing made clear the board will consider spacing, zoning, hours, signage and screening restrictions after public input; no binding local law was adopted at the meeting.
