Planning Board backs site plan, special-use permit for proposed cannabis dispensary at 6061 Transit Road with conditions

The Village of Depew Planning Board on Oct. 2 recommended 5-0 that the Village Board approve a site plan and special-use permit for a proposed cannabis retail dispensary at 6061 Transit Road, Unit 6041, with conditions including a required dumpster enclosure and completion of fire and building inspections during permitting.

Elise Bergio, who identified herself as the applicant's cannabis attorney for Empire Smoke Shop 7 and speaking for single-member applicant Sam Goba, said the group has submitted for a New York State provisional license to the Office of Cannabis Management (OCM) but that the state license is contingent on securing local approval. "We've submitted to the OCM, but it's obviously contingent upon making sure that we have local approval," Bergio said.

Bergio told the board the proposed location meets local distance requirements for schools and houses of worship as required by Depew code and that the group had discussed the site with the building inspector. She said the building — an old bank in the plaza — has capacity for a drive-through but acknowledged the current Depew ordinance does not allow drive-through dispensaries; she said the applicant may return later to request a change if state regulations warrant it.

Board and staff questions focused on site issues. Code enforcement required a permanent dumpster enclosure for any business with a dumpster; Bergio and landlord representative Seth Brady said the current dumpster location could be moved and would have to meet enclosure requirements. Code enforcement also noted a few fire-related items that must be completed during the occupancy permit process. The applicant said hours would conform to village code (commonly 10 a.m. to 10 p.m. was discussed) and that the business would not allow on-site consumption; Bergio said sales would be of products traceable to New York State cultivators.

Several residents raised traffic and safety concerns tied to prior events at a former dispensary, Herbal IQ, and to vehicular cut-throughs in the neighborhood. One resident said past car shows and large gatherings at the previous store had caused traffic problems; planning board members and the applicant said any events would require village approval and police coordination. The applicant said there was "no intention to do any car shows."

Member Matuszak moved and Member Spencer seconded a motion to recommend Village Board approval of the site plan and special-use permit with the stipulation that the dumpster be contained in an enclosure agreeable to code enforcement; the motion passed on a 5-0 roll-call vote (Member Soja, Member Fedorowicz, Member Matuszak, Member Spencer and Chairman Maciejewski voting yes).

The recommendation is advisory to the Village Board. The applicant's ability to open the dispensary remains contingent on receiving the appropriate New York State license and completing local permitting conditions, including the dumpster enclosure and outstanding fire/occupancy items.