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HomeMy WebLinkAbout20230467 95 West/250 Washington Special Use Permit Public CommentLAW OFFICE OF WILLIAM R. DICENZO A'I`I'ORNEY & COUNSELOR AT LAW 34-62 JUNCTION BLVD.-JACKSON HRIGI-ITS, NY 11372 OFFICE: (929) 462-0444 PAX: (929) 462-0441 August 1, 2023 Via USPS Certified Priority Mail Marls Torpey - Chairman City of Saratoga Springs Planning Board 474 Broadway — City hall Saratoga Springs, New York 12866 Susan Barden — Principal Planner City of Saratoga Springs Office of Planning & Economic Development 474 Broadway — City Hall, Suite 32 Saratoga Springs, New York 12866 Tom L. Lewis - Chairman Saratoga County Planning Board Saratoga County Municipal Offices 50 West IIigh Street # 3 Ballston Spa, New York 12020 Michael Valentine — Senior Planner Saratoga County Planning Department Saratoga County Municipal Offices 50 West IIigh Street # 3 Ballston Spa, New York 12020 Re: Application for Special Use Permit for a Marijuana Dispensary at 250 Washington Strect/95 West Avenue, Saratoga Springs, in the Neighborhood Center (T-5) Zoning District Dear Chairmen and Planners: It was brought to my attention that this matter is scheduled to be heard this Thursday by the Saratoga Springs Planning Board. I write on behalf of the neighborhood community and the owner of real property located at 254 Washington Street, Saratoga Springs, N.Y. 12866 expressing legitimate concerns and required criteria regarding the issuance of a special permit for a Marijuana Dispensary at the West Hill Plaza. As you are aware the legalization of marijuana in New York is a novel and untested social experiment that foresecably will have wide-ranging primary and secondary negative impacts and consequences on the general public, welfare, and safety of the citizens of this State including those families and businesses situated in Saratoga Springs and in particular, that make up part of the historical Westside neighborhood. City of Saratoga Springs Planning Board August 1, 2023 Page 2 of 3 This location is but a store's throw from the Init-ada workforce housing development as well as numerous single-family and multifamily dwelling communities both existing and under construction from Kirby Road west to the Saratoga Springs Train Station to the Saratoga Springs Public High School and eastward towards West Circular Street amounting to thousands of people that will be impacted by this untested dispensary business. The Federal Department of Justice and Drug Enforcement Administration continues to treat marijuana as a Schedule I narcotic and controlled substance under federal law, meaning it has a high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision. 1 The active ingredient in marijuana, THC, affects receptors in the brain affecting pleasure, memory, thought, concentration, sensory and time perception, as well as coordinated movement. The effect of marijuana on perception and coordination are responsible for serious impairments in learning, associative processes, and psychomotor behavior (driving abilities), and long-term, regular use can lead to physical dependence and withdrawal following discontinuation. Further, according to the Centers for Disease Control and Prevention ("CDC"), people who use marijuana are more likely to develop temporary psychosis (not knowing what is real, hallucinations, and paranoia) and long-lasting mental disorders, including schizophrenia (a type of mental illness where people might see or hear things that are not really there). Worse still, this association between marijuana and schizophrenia is more prevalent among young people that begin using at an earlier age. - We must trust the science here and acknowledge the terrible repercussions of allowing this drug to be openly sold and. consumed in this family -friendly neighborhood and next to a Locksmith, mattress wholesaler, Family Dollar, barber shop, and family -friendly Chinese and Pizza/Wing establishments as well as an institute of higher learning: The Empire State College. Similarly, this location so close to the High School puts the most vulnerable and susceptible youth at a much higher degree of risk of falling prey to this drug's worse attributes. Marijuana, the traditional "gateway" drug to the use of harder drugs and alcohol is proven to lead to increased serious mental illness among young adults and for decades, was linked to "reefer madness" among its users. In addition, due to its illegal status under Federal Law, marijuana dispensaries are prohibited from using traditional bank institutions and lenders to transact their business, and therefore, the industry is known as a "cash" business, subject to greater safety concerns and dangers ii-lierent and attractive to would-be wrong -doers and law -breakers. See the Department of Justice Drug Fact Sheet enclosed herein. 2 See CDC, Marijuana and Public Health enclosed herein. City of Saratoga Springs Planning Board August 1, 2023 Page 3 of 3 Even if the local zoning allows for this novel use in this area it does not mean it is required or appropriate at this location and stringent standards are imposed upon all special use applications in this Neighborhood Center including but not limited to a full site plan review done in conjunction and before any special permit can issue showing quality and streetscape amenities and civic spaces erihaneing pedestrian activity. This applicant located at 250 Washington Street must provide a site drawing with streetscape amenities located on Washington Street where there are none currently or a Marijuana Dispensary will not be conforming to the T-zone streetscape design standards; specifically, the installation of pedestrian accommodations.) This neighborhood has seen increased new and infill development including further residential development to the west of West Hill Plaza and connecting these neighborhoods to each other and to non-residential development on West Ave. and to downtown by providing multi -modal accommodations is an essential component of T-5. The City's Complete Streets Plan recommends a sidepath and continuous trail on Washington Street linking to the other properties and community. Further, the concerned neighbors would like to know how this applicant plans to address their safety and secondary impact concerns if this use is approved. Where will the drugs be sent from and when what time/hour of the day will they be delivered and by what means? What will be the hours of business at this location? Will it be closed on Saturdays and Sundays in observance of the religious Sabbath? What type of signage will go here and will it appeal to and lure the underage community to it? What type of security will be present at the Plaza to ensure the safety of shoppers not wanting to associate with a drug dispensary? Will there be armed guards or security to protect all the cash coming in and out of the dispensary? What about the tremendous increase in traffic flow this business will create from all directions and among and between the various towns, villages, and cities in Saratoga County that had the good sense to opt out of the drug business? Has the Saratoga Springs Police Department agreed to have an increased or permanent law enforcement presence at or near the Plaza to prevent "stoned" drivers from harming the general public? All of these matters are legitimate concerns and extremely careful consideration must be given to this matter regarding the conditions necessarily created by this novel business as well as whether or not although permissible, this business, ought more likely to be located somewhere elso in the zone or another, less densely populated area of the City. On behalf of my client and all others similarly situated in this neighborhood I thank you in advance for your time and consideration attendant to this very important matter. Very truly yours, William R. DiCenzo See Notice of City of Saratoga Springs Planning I3oard decision dated 12/13/21 enclosed herein. 8/1/23, 9:50 AM (44) PB Agenda to Publish - Smartsheet.com PB Members City of Saratoga Springs Mark Torpey(Chair) PLANNING BOARD Kerry Mayo Charles (Chuck) Marshall ._} City Hall - 474 Broadway Todd Fabozzi Saratoga Springs, Now York 12866 William J. Mclyguo r''rri 00 518.587.3550 Mark Pingol (Vice Chair) - Patricia Morrison Note' Meetings are held in nerson in the City Council Chambers in City -Raft Please enter City Hall by the Broadway ramp door entrance. The door is unlocked 1/2 hour before the meeting start time and is locked 1 hour after meeting start time. For entry after 7pm, please use the buzzer outside of the Lako Ave. entrance. Comments may be submitted up to 12PM on the day of the meeting using the Public Comment form on the Plarink 9_Pqp1rtmont Ma p. To view the wobcast live or once recorded, go to www.saraloya_JfLt95,Lrg PLANNING BOARD MEETING AGENDA Thursday, August 3, 2023 at 6:00 p.m. Salute file Flag Roll Call 1. Approval of Meeting Minutes: 2. Possible Consent Agenda Items Note: The intent of a consent agenda is to identity any applications that appear to be'approvable' without need for further evaluation or discussion. If anyone wishes to further discuss any proposed consent agenda item, then that item would be pulled from the'consonl agenda' and dealt with individually. Agenda project # Project Project Location Project Description Order 3. PB Applications Under Consideration - N07E: Agenda item discussion will not begin past 10:00 p.m. Agenda Project# Project Order 1 20230216 118 Woodlawn Special Use Permit 2 20210717 189 South Broadway Site Plan 3 20210606 274 Kaydoross Sketch Subdivision 4 20230467 95 WesU250 Washington Special Use Permit UPCOMING MEETINGS AND WORKSHOPS September 7: Workshop -August 31 at 5pn1 September 21: Workshop - September 14 at 5pin GENERAL MEETING GUIDELINES Ordinance Type project Index Ordinance Pro i Project Index Project Location Project Description Type 118 Woodlawn, Special use permit for a private/social club in the Urban Residential - UDO 121-125 Woodlawn 3 (UR-3) district. 189 South Sketch site plan review of a proposed mixed -use project, including UDO Broadway 4,500 sq. ft. commercial space and 36 multi -family units in the Neighborhood Center (T-5) district. 274 Kaydeross Sketch plan review of a proposed three -lot conservation subdivision UDO Avenue East in the Rural Residential (RR) district. 95 Wesu250 Special use permit for a marijuana dispensary in the Neighborhood uoo Washington Center (T-5) district. The Planning Board reviews a wide variety or applications and its primary responsibilities include four land development decisions including New York State Environmental quality Review (SEOR), Special Use Permit (SUP), Site Plan (SP) and Subdivision (SD). The rules regarding public input depends on the type of application before the Planning Board. SFOR and 5P: The Planning Board reserves the right to allow public comment as deemed necessary. The total duration for all public comments should not exceed fifteen (15) minutes with each individual speaker limited to a total of two (2) minutes. SUP and SD: The Planning Board is required to conduct a public hearing with proper notice to all neighbors residing within 250 feet of the project. Each individual speakor will be limited to a total of three (3) minutes. For all applications: Speakers providing public input will be timed to ensure compliance. Applicants' initial presentation to file Board will be limited to 15 minutes. Planning Board members are volunteers appointed by the Mayor to serve seven-year terms. Each member has a single vote and a quorum (4 or more members) Is required to vote on an application. Nola: flits agenda is sub/oct to change. Please check file websifo for latosr version. GENERAL GUIDELINES FOR SPEAKERS • All moolinas are video recorded and wobcast: olanso orovido oublic input in a resnoctful manner. https:/Iapp.smartsheot.com/dashboards/XvR8vVcgwf8JPX45wjrjGXP9QQpVGM4HrWRm4V41 1/2 p:Wr Department of Justice/Drug Enforcement Administration Drug Fact Sheet Marijuana/Cannabis WHAT IS MARIJUANA? Marijuana is a mind -altering (psychoactive) drug, produced by the Cannabis sativa plant. Marijuana has over 480 constituents. THC (delta- 9-tetrahydrocannabinol) is believed to be the main ingredient that produces the psychoactive effect. WHAT IS ITS ORIGIN? Marijuana is grown in the United States, Canada, Mexico, South America, Caribbean, and Asia. It can be cultivated in both outdoor and indoor settings. What are common street names? Common street names include: • Aunt Mary, BC Bud, Blunts, Boom, Chronic, Dope, Gangster, Ganja, Grass, Hash, Herb, Hydro, Indo, Joint, Kif, Mary Jane, Mota, Pot, Reefer, Sinsemilla, Skunk, Smoke, Weed, and Yerba What does it look like? Marijuana is a dry, shredded green/brown mix of flowers, stems, seeds, and leaves from the Cannabis sativa plant. The mixture typically is green, brown, or gray in color and may resemble tobacco. How is it abused? Marijuana is usually smoked as a cigarette (called a joint) or in a pipe or bong. It is also smoked in blunts, which are cigars that have been emptied of tobacco and refilled with marijuana, sometimes in combination with another drug. Marijuana is also mixed with foods or brewed as a tea. What is its effect on the mind? When marijuana is smoked, the active ingredient THC passes from the lungs and into the bloodstream, which carries the chemical to the organs throughout the body, including the brain. In the brain, THC connects to specific sites called cannabinoid receptors on nerve cells and influences the activity of those cells. Many of these receptors are found in the parts of the brain that influence: • Pleasure, memory, thought, concentration, sensory and time perception, and coordinated movement The short-term effects of marijuana include: • Problems with memory and learning, distorted perception, difficulty in thinking and problem -solving, and loss of coordination The effect of marijuana on perception and coordination are responsible for serious impairments in learning, associative processes, and psychomotor behavior (driving abilities). Long term, regular use can lead to physical dependence and withdrawal following discontinuation, as well as psychological addiction or dependence. Clinical studies show that the physiological, psychological, and behavioral effects of marijuana vary among individuals and present a list of common responses to cannabinoids, as described in the scientific literature: • Dizziness, nausea, tachycardia, facial flushing, dry mouth, and tremor initially • Merriment, happiness, and even exhilaration at high doses • Disinhibition, relaxation, increased sociability, and talkativeness • Enhanced sensory perception, giving rise to increased appreciation of music, art, and touch • Heightened imagination leading to a subjective sense of increased creativity • Time distortions • Illusions, delusions, and hallucinations are rare except at high doses • Impaired judgment, reduced coordination, and ataxia, which can impede driving ability or lead to an increase in risk -taking behavior • Emotional lability, incongruity of affect, dysphoria, disorganized thinking, inability to converse logically, agitation, paranoia, confusion, restlessness, anxiety, drowsiness, and panic attacks may occur, especially in inexperienced users or in those who have taken a large dose • Increased appetite and short-term memory impairment Mar�uana Leaves What is its effect on the body? Short-term physical effects from marijuana use may include: • Sedation, bloodshot eyes, increased heart rate, coughing from lung irritation, increased appetite, and increased blood pressure (although prolonged use may cause a decrease in blood pressure). Marijuana smokers experience serious health problems such as bronchitis, emphysema, and bronchial asthma. Extended use may cause suppression of the immune system. Withdrawal from chronic use of high doses of marijuana causes physical signs including headache, shakiness, sweating, and stomach pains and nausea. Withdrawal symptoms also include behavioral signs such as: • Restlessness, irritability, sleep difficulties, and are common decreased appetite What are its overdose effects? No deaths from overdose of marijuana have been reported. Which drugs cause similar effects? Hashish and hashish oil are drugs made from the cannabis plant that are like marijuana, only stronger. Hashish (hash) consists of the THC-rich resinous material of the cannabis plant, which is collected, dried, and then compressed into a variety of forms, such as balls, cakes, or cookie like sheets. Pieces are then broken off, placed in pipes or mixed with tobacco and placed in pipes or cigarettes, and smoked. The main sources of hashish are the Middle East, North Africa, Pakistan, and Afghanistan. Hashish oil (hash oil, liquid hash, cannabis oil) is produced by extracting the cannabinoids from the plant material with a solvent. The color and odor of the extract will vary, depending on the solvent used. A drop or two of this liquid on a cigarette is equal to a single marijuana joint. Like marijuana, hashish and hashish oil are both Schedule I drugs. What is its legal status in the United States? Marijuana is a Schedule I substance under the Controlled Substances Act, meaning that it has a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Although some states within the United States have allowed the use of marijuana for medicinal purpose, it is the U.S. Food and Drug Administration that has the federal authority to approve drugs for medicinal use in the U.S. To date, the FDA has not approved a marketing application for any marijuana product for any clinical indication. Consistent therewith, the FDA and DEA have concluded that marijuana has no federally approved medical use for treatment in the U.S. and thus it remains as a Schedule I controlled substance under federal law. Marinol is a synthetic version of THC in a capsule (also referred to as dronabinol, the generic or International Nonproprietary Name given to THC), prescribed for the control of nausea and vomiting caused by chemotherapeutic agents used in the treatment of cancer and to stimulate appetite in acquired immune deficiency syndrome (AIDS) patients. Marinol is a Schedule III drug under the Controlled Substances Act. Syndros is an oral dronabinol (THC) solution that is used for the treatment of anorexia associated with weight loss in patients who have failed to respond adequately to conventional antiemetic treatments. Syndros is a Schedule II drug under the Controlled Substances Act. Epidoloex is an oral solution of cannabidiol (CBd) that has no more that 0.1 % THC, used to treat two epilepsy conditions, Dravet syndrome and Lennox-Gestaut syndrome. Epidoloex is a Schedule V drug under the Controlled Substances Act. www.getsmartaboutdrugs.com April 2020 Centers for Disease 1/ Control and Prevention 4.; A r Mental Health Marijuana use, especially frequently (daily or nearly daily) and in high doses, can cause disorientation and sometimes unpleasant thoughts or feelings of anxiety and paranoia.' People who use marijuana are more likely to develop temporary psychosis (not knowing what is real, hallucinations, and paranoia) and long-lasting mental disorders, including schizophrenia (a type of mental illness where people might see or hear things that are not really there).z The association between marijuana and schizophrenia is stronger in people who start using marijuana at an earlier age and use marijuana more frequently. Marijuana use has also been linked to depression; social anxiety; and thoughts of suicide, suicide attempts, and suicide.' References u 1. National Academies of Sciences, Engineering, and Medicine. The health effects of cannabis and cannabinoids: the current state of evidence and recommendations for research. Washington, DC: The National Academies Press; 2017. 2. Volkow ND, Swanson JM, Evins AE, et al, Effects of cannabis use on human behavior, including cognition, motivation, and psychosis: a review. JAMA Psychiatry. 2016;73(3):292-297. Page last reviewed: October 19, 2020 tQCef CITY OF SARATOGA SPRINGS r�ARxTORPEY, Cha1r TODD FABOZZi PLANNING BOARD RUTH HORTON URRY MAYO _ C +;�.r9'•' S City Hall - 474 Broadway Saratoga Springs, New York12866 JASON DOTY AL DAL POS SHQWNAjENKS,A/romaro Tel; 518.587.3S5o fax: 516-SBO-9480 CHRIs PIPIA, Wter'nato N4.gATf9 wmv.sara�oga•s�rings.org NOTICE OF DECISION IN THE MATTER OF THE APPLICATION #20200177 BUENOs HILL INC. 254 WASHINGTON STREET SARATOGA SPRINGS, NY 12866 Involving the premises with tax parcel # 165,18-1-9, in the City of Saratoga Springs, on an application for a permanent special use permit for motor vehicle repair, automotive sales, car rental agency, and ancillary office uses within the Transect — 5 Neighborhood Center (T"-5) District. The motor vehicle repair use was previously permitted by issuance of a special use permit in September 1971 for a'body shop'. The applicant removed the request for a car rental agency from the application. In accordance with SEQRA regulations 6 NYCRR Part 617.6 initial review of the action determined a Type 11 action — 6 f 7.5(C)(18) 'reuse of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, where the residential or commercial use is a permitted use under the applicable zoning law or ordinance, including permitted byspecial use permit, and the action does not meet or exceeds anyof the thresholds in section 617.4 of this Part'; and therefore. exempt from further SEQRA review. Having properly noticed and opened a public hearing an May 28, 2020 as required on the proposed uses, and continued on April 22, 2021 and October 28, 2021, and then closed on October 28, 2021; And, upon evaluation of the application based on the City's enumerated criteria to ensure that the proposed use(s) will not adversely affect surrounding properties and community character; And, in accordance with requirements set forth in the City zoning Ordinance, chapter 240, article 7.1 "Special Use Permit", the Planning Board issues the following decision on December 9, 2021 (passed 5-1 In favor; Torpey, Horton, Mayo, Doty, Pipia); d Deny Upon evaluation of the criteria for special use permits set forth in 7.1.3 to ensure that the proposed additional use (automotive sales) would not adversely affect surrounding properties and community character the Board finds the following: I. The extent to which the use is in harmony with and promotes the general purposes and Intent of the Comprehensive Plan and this Chapter. The district intent of T-5 states 'To accommodate a wide variety of residential and non-residential uses, Aaye 1 of 2 building and frontage types. This district also focuses on providing quality streetscape amenities and civic spaces to enhance pedestrian activity'. ' The board finds that the proposed auto sales use is not inconsistent with the intent of T-5; however, the corresponding site dmwing lacks streetscape amenities to enhance pedestrian activity and is inconsistent with T-S. The board recognizes that the building and site predate the requirements of T-5, but because of the need for special use permit and site plan review for the additional use, the board finds that the site should be Improved to be more conforming with the T-zone streetscape design standards; specifically, the installation of pedestrian accommodations. This area of the city has seen increased new and infill development including further residential development to the west of the subject property. Connecting these residential neighborhoods to each other and to non-residential development on West Ave. and to downtown by providing multi -modal accommodations is an essentiaf component of T-5. 3. Safe and efficient pedestrian and vehicular access, circulation and parldng. The site plan that was submitted along with the special use permit application does not include provision for safe and efficient pedestrian access. The City's Complete Streets Plan recommends a sidepath or trail in this location. The Plan states that County Roads and State Highways can be Improved to become Complete Streets, These roadways currently have. limited facilities for pedestrians and bicyclists, but generally have paved shoufders or potential right-of-way for Improved conditions". The board notes a recently approved housing project across Washington Street that was, through special use permit and site plan review considerations, required to incorporate a sidepath along their frontage. The board requested an advisory opinion from Complete Streets Advisory Board (CSAB) their recommendation was that a sidewalk instead of a sidepath be installed in this location to better differentiate between the two existing driveways and a walkway. The applicant failed to incorporate either a sidepath or sidewalk on a revised site plan. Note: Pending site plan application for auto safes is null and void. Site plan review for recent site improvements that have been made to the property without prior, site plan approval, including expansion of the parking area, is required. December 13, 2021 Date filed with Accounts Dept. cc; Bullding Dept„ Accounts Dept., AppOcant/Agent, File xv/ a Chair