Depew planning board recommends special-use permit for Herbal IQ at 6300 Transit Road

The Village of Depew Planning Board voted unanimously Thursday to recommend that the board grant a special-use permit for an adult-use cannabis retail dispensary at 6300 Transit Road.

The recommendation, made after roughly 20 minutes of discussion, came on a motion by Member Matuszak and a second from Member Soha. The board attached conditions requiring the applicant to show parking spaces on submitted plans, provide two handicap-accessible spaces, include a dumpster enclosure and specify lighting on the site plans.

Bradley Kyler, owner and operator of Herbal IQ, told the board he purchased the property and wants to move his existing operation to 6300 Transit Road. "We'd just like to move our location to 6300 Transit Road," Kyler said. He described Transit Road as an area drawing new cannabis businesses and said the larger space would allow a proposed lounge and more room for customers. Kyler said his business had experienced large opening-day lines and that "when we were opening ... there was lines out the door," but that they now manage lines inside the store.

Board members and staff pressed Kyler on specific site details. The chair asked that parking be shown on paperwork so code enforcement will have a basis for future enforcement; Kyler said he planned to pave an adjacent grass area and locate a dumpster there. Planning staff also asked for two handicap spaces. Code enforcement staff told the board Kyler has a "good working relationship" with the department and has been "compliant and willing to do whatever is asked." Legal counsel noted the board was expecting a copy of the applicant's New York State license; staff said the license copy was not seen in the packet but was assumed to exist.

Terry from engineering reviewed the site map with Kyler and advised that if the applicant seeks expanded parking, the board should consider access and curb-cut issues because Transit Road is a state highway. Engineering suggested the applicant consider the existing entrance locations and internal circulation to ease traffic flow. Kyler acknowledged those points and said the proposal would include paving the grassy side lot and adding lighting.

Members also asked about events and traffic. Kyler said he had held car shows and similar events at his prior location and wants the option to hold events at the new site, but said such events would be moved onto the paved area or inside to limit impacts on neighboring residences. He estimated peak weekend customer counts in the hundreds (he described weekends as "8, 900" during a high-demand period), and said the business markets through local sports and events.

On the motion to recommend the special-use permit "to operate the adult use cannabis retail dispensary as submitted," the board recorded the following roll-call vote: Member Soha — yes; Member Fedorovich — yes; Member Matuszak — yes; Member Spencer — yes; Chairman Matuszewski — yes. The motion carried 5-0.

The planning board's action is a recommendation to the board (final permitting or licensing authority was not specified during the meeting). The board required the applicant to supply the specified plan updates (parking layout including two accessible spaces, dumpster enclosure, and lighting details) as conditions of the recommendation. The applicant indicated he will work with building and engineering staff on those submittals.

The planning board adjourned after the vote. The date for final action by the board was not announced during the meeting.