HomeMy WebLinkAbout20230467 95 West/250 Washington Special Use Permit NOD RESOLUTI ON OF TH E SARATOGA SPRI NGS PLAN N I NG BOARD
AMENDING ITS PRIOR RESOLUTION APPROVING
SPECIAL USE PERMIT # 20230467
WHEREAS, by Resolution adopted August 3, 2023 following a Public Hearing, the
Planning Board approved a Special Use Permit to allow Ten Cees, LLC ("Applicant") to
undertake use of the subject property for a cannabis dispensary; and
WHEREAS, the site of this proposed use is a multiple tenant retail facility
(shopping plaza) that predates the City's current Zoning Laws; and
WHEREAS, on August 3, 2023, the Planning Board specifically discussed and
ultimately rejected the Applicant's request that it waive Site Plan Review primarily
because of concerns over whether the subject site provides safe and sufficient on-site
pedestrian access to comply with current zoning requirements and such review would
afford the Planning Board an appropriate opportunity to consider this issue in greater
detail; and
WHEREAS, following adoption of its Resolution that evening and while still in
public session, the Board and Applicant continued a dialogue regarding the particular
difficulties that the Applicant may face if it was required to seek and obtain Site Plan
Review at this time
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby finds that
while cannabis dispensaries are not exempt from local zoning laws, the Board
nonetheless recognizes that such dispensaries are regulated by the State of New York
and that State Law discourages or prohibits the implementation of local regulations that
may make the operation of retail dispensaries "unreasonably impracticable"; and be it
further
RESOLVED, that upon the particular circumstances present in this application,
including that there exists no current dependable model upon which the Planning Board
may determine to what degree vehicular and pedestrian access to the site may increase
as a result of this use, the Planning Board hereby amends its prior Resolution and issues
a temporary (1-year) Special Use Permit for a cannabis dispensary (approximately 3,000
sq. ft.) within an existing shopping plaza (tenant space within the building identified on
aerial photo provided) upon the following conditions:
1. Grant a waiver of Site Plan Review for the term of the temporary Special Use
Permit (1-year). If a permanent Special Use Permit is sought for this location, the
Applicant shall simultaneously submit an application for Site Plan Review and
these submissions should be made prior to expiration of the temporary Special
Use Permit.
2. The Applicant shall provide a customer queuing plan in front and around the
building that safely separates pedestrians from vehicular traffic.
3. The added pedestrian striping in the parking area shall be maintained and kept
clear of snow.
4. The designated parking spaces for digital queuing shall be signed as temporary
parking for that purpose.
Note 1: City Code Enforcement Officers with the Department of Public Safety shall
monitor compliance with these conditions and determine whether the site is
functioning safely prior to Board consideration of a permanent Special Use Permit.
In addition to all other requirements of Site Plan Review applications, the Applicant
shall show the location of any underground utilities and shall provide a lighting plan
to show the extent of current parking lot lighting.
Note 2: The Applicant proposed hours of operation as follows: 10am — 8pm
Sunday through Thursday and 10am — 10pm Fridays and Saturdays. The
Planning Board relied upon this information during its review.
Adopted by the Planning Board by unanimous vote: September 7, 2023
September 25, 2023 � �
Date filed with Accounts Dept. Chair