Depew planning board recommends special-use permit, waives 500-foot proximity rule for Transit Road vape shop

The Depew Planning Board voted unanimously on March 5 to recommend that the Village Board grant a special-use permit for a smoke-and-vape shop at 5801 Transit Road and to waive the village's 500-foot proximity restriction from schools and daycares.

Applicant Adele Ali, who identified herself as the owner of the Transit Road establishment, told the board the shop has operated for a little over two years and that she came to apply after learning of the new local rule.

"I just um wanted to do uh the right thing and actually apply for something that you guys brought up and uh as you said, I was the first one to apply," Ali said.

Village counsel Sam told the board the local law includes a pre-existing-business provision (cited in discussion as section 83-6) that gives the planning board discretion to waive proximity requirements for businesses that opened before the law took effect and where the village did not enforce the restriction. Counsel said enforcing the rule now could raise an "unclean hands" argument against the village given the business's multi-year operation.

Board members asked when the applicant and the village first learned of the requirement; staff said notices were sent to existing smoke and vape retailers in the prior fall and the applicant said she learned about the rule roughly four months earlier and subsequently applied to come before the board.

Member Federovich moved to recommend approval of the special-use permit with a stipulation waiving the proximity requirement; Member Matusac seconded. The board conducted a roll call and voted 5-0 in favor.

The board's recommendation now goes to the Village Board for final action. The planning board record indicates staff will provide the exact local-law citation for the Village Board and requested landlord authorization documents be added to the file before final administrative processing.