Italy officials weigh zoning questions for proposed cannabis production facility

A property owner seeking to convert an existing pole barn into a cannabis production facility drew questions from the Town of Italy Board on Feb. 11 over zoning and building-code classifications.

Code Enforcement Officer Chris Whipple said the structure began as soybean storage and is now proposed for cannabis cultivation and possibly processing; he has required a special-use variance because of processing and packaging activities. Supervisor Richard Craig said that cultivating cannabis alone might be agricultural but processing and packaging would be commercial, and that the New York State building code classifies the structure as F1 Industrial, which would not be permitted in the town's Agricultural/Residential zone. Dave Ferry said he did not see the need for a special-use variance. The minutes record that Town Attorney Ed Brockman "does not see the need for a special use permit," and the board agreed the Planning Board/ZBA should continue its review and report back to the Town Board before any final decision.

Yates County Legislator Pat Killen suggested verifying that the property owners have any necessary state documentation before moving forward. No final permit decision or litigation was recorded at the meeting; the PB/ZBA retains formal authority to review and decide on special-use permits, and the board emphasized the town could face exposure if local decisions are later challenged. The board's discussion focused on whether the use is agricultural (growing only) or commercial (processing/packaging) and on ensuring compliance with NYS codes and the town's zoning law.