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HomeMy WebLinkAbout20240032 137 Maple Special Use Permit High Peaks Canna Supplemental Info One Commerce Plaza, Suite 1900 Robert A. Stout Jr. Albany, New York 12260 Partner 518.487.7600 phone 518.487.7730 phone 518.487.7777 fax rstout@woh.com March 14, 2024 VIA EMAIL AND HAND DELIVERY Saratoga Springs Planning Board City of Saratoga Springs 474 Broadway Saratoga Springs, NY 12866 Re: High Peaks Canna Inc. Special Use Permit Application 137 Maple Avenue (the “Application”) Dear Chair Marshall and Planning Board Members: We represent High Peaks Canna Inc., the applicant in the above referenced Application (the “Applicant”). We look forward to appearing at the Public Hearing this evening to discuss our client’s project. In addition to appearing at the public hearing this evening, we feel compelled to address certain public comments we became aware of late last evening and today, as we believe such comments could result in a material misunderstanding as to the nature and substance of our client’s Application. The owners of the Applicant, Roger and Christine Sharp, have been homeowners in Saratoga Springs for 18 years. They have successfully operated a well-respected premier local business, High Peaks Event Production, in Saratoga Springs and surrounding areas for years. Accordingly, they are already deeply invested in the community, and take its concerns very seriously. With their new business, High Peaks Canna Inc., they are looking to expand on their established reputation for running responsible and professional high-end businesses which contribute to and support the community. Please refer to the letters submitted by the General Manager of the Saratoga Hilton and the Executive Director of the Saratoga Springs City Center and those of many other members of the community for additional insight to the Applicant’s record and reputation within the community. March 14, 2024 Page 2 4890-5071-8381, v. 2 Attached as “Exhibit A” is a letter that appeared in several mailboxes at residences along Catherine Street, which is on the other side of Route 50 from our client’s proposed facility (the “Mailbox Letter”). Consistent with their responsibility to the community, our client wishes to clarify the assertions contained within the Mailbox Letter. Nature of Approval Requested The Mailbox Letter references that our client is seeking a “Conditional Use Special Variance”. That is false. Our client is not seeking a variance of any kind in connection with its proposal, as the proposal is in full compliance with the City’s Unified Development Ordinance (“UDO”). A Special Use Permit is required, as was accurately reflected on both our client’s application materials as well as the official public hearing notice. As has been discussed previously, a waiver of the site plan review is also being requested, for the reasons previously presented to the Planning Board and as summarized below. The Mailbox Letter also indicates that the location is particularly inappropriate given that it is next to residential homes, the Olde Bryan Inn and an addiction recovery clinic. The T5 Zoning District, as the Planning Board is aware, is a mixed-use Zoning District that allows, among other things, residential and restaurant uses, along with Marijuana Dispensaries, with a Special Use Permit. Article 4.1(B)(1) of the UDO defines the Zoning District as “intended to accommodate a wide variety of residential and nonresidential uses in a moderate intensity mixed-use environment. This district also focuses on providing quality streetscape amenities and civic spaces to enhance pedestrian activity.” Therefore, the UDO specifically contemplates these uses existing within the same Zoning District. This approach is also entirely consistent with how the Planning Board has applied the UDO to the other three dispensaries that it has issued Special Use Permits for. Included here as “Exhibit B” are three aerial view maps of 95 West Avenue, 75 Weibel Avenue and 1 Kaydeross Avenue. Each of them is directly across the street from a residential use and are otherwise proximate to residential uses. Indeed, in each case, the roads on which those dispensaries will sit serve as less of a barrier than Route 50 does relative to the homes in the Catherine Street neighborhood that received the Mailbox Letter. There is a single residential use adjacent to our client’s proposed dispensary. Again, this is consistent with the UDO. Our client is committed to being a responsible neighbor, and we believe its operational practices, described in greater detail below, will ensure that. With respect to there being an existing addiction recovery facility in the area, our client’s business will foster and support responsible consumption and education. As the Planning Board is well aware, licensed dispensaries are very highly regulated and controlled by the New York State Office of Cannabis Management. The State’s laws and regulations have been carefully developed over years, and were preceded by a July 2018 Assessment of the Potential Impact of Regulated Marijuana in New York State.1 The health findings made during this assessment include: (i) regulating marijuana reduces risks and improves quality control and consumer protection; (ii) marijuana may reduce opioid deaths and opioid prescribing; (iii) marijuana has intrinsic health benefits and risks; (iv) marijuana can have effects on mental health; (v) changes in overall patterns 1 https://cannabis.ny.gov/system/files/documents/2021/09/marijuana_legalization_impact_assessment_7 -13- 18.pdf March 14, 2024 Page 3 4890-5071-8381, v. 2 of use are not likely to be significant; (vi) the majority of credible evidence suggests legalization of marijuana has no or minimal impact on use by youth; (vii) problematic marijuana use includes Cannabis Use Disorder and Cannabinoid Hyperemesis Syndrome and (viii) the NYS Medical Marijuana Program would adapt to coordinate with a regulated marijuana market. Based on its analysis, the Assessment concluded that “the positive effects of regulating an adult (21 and over) marijuana market in NYS outweigh the potential negative impacts.” The subsequent regulatory approach that will govern our client’s operation is consistent with this analysis. Location of Proposed Site Relative to Educational Institutions and Public Youth Facilities Reference was also made in the Mailbox Letter to the proposed dispensary’s location relative to High Rock Park and other public amenities. Under State Law, dispensaries cannot be on the same street or avenue and within five hundred (500) feet of school grounds.2 The closest educational institution we are aware of, the Waldorf School of Saratoga Springs, is in excess of 1,500 feet from our client’s proposed location, over three times the minimum required by State Law. Lake Avenue Elementary is approximately 1,800 feet from our client’s proposed location and Caroline Street Elementary School is approximately 4,200 feet away. If one were to walk to one of these schools from the address of the author of the Mailbox Letter, the Waldorf School is an approximate 16 minute (.7 mile) walk; Lake Avenue Elementary is an approximate 18 minute (.8 mile) walk and the Caroline Street Elementary School is an approximate 31 minute (1.4 mile) walk. Any walk to these schools would also involve crossing Route 50, which we understand is not staffed by a crossing guard and carries its own inherent risks that make it frankly unlikely that the route would be routinely taken or taken by children without supervision. NY regulations also authorize municipalities to adopt local laws and regulations governing distance requirements between the retail dispensary and a “public youth facility,” defined as “a location or structure owned by a government or government subdivision or agency, that is accessible to the public, where the primary purpose is to provide recreational opportunities or services to children or adolescents of whom the primary population is reasonably expected to be seventeen (17) years of age or younger.” 3 Our client’s proposed dispensary is not proximate to a “public youth facility”, and we are unaware of any such local law having been adopted for a property proximate to our client’s location. Moreover, High Rock Park, located close to our client’s proposed location, is utilized by residents of all ages. Its primary purpose is not restricted to children or adolescents. Operations Signage and Landscaping Our client’s operations will also be very highly regulated by the State. Signage will be discrete. Our client is simply replacing the existing law firm signage in its same location (one on 2 See NY CANBS § 72(6) and 9 NYCRR 113.11(b)(7). 3 See 9 NYCRR 119.4 9 and NYCRR 118.1(a)(89); see also Guidance for Adult-Use Retail Dispensaries, Office of Cannabis Management, revised March 11, 2024, at p. 18 (available at https://cannabis.ny.gov/system/files/documents/2024/03/guidance-for-adult-use-retail-dispensaries-3.11.pdf) (addressing public youth facilities). March 14, 2024 Page 4 4890-5071-8381, v. 2 the existing post, one on the side of the building). The signs are intended to look substantially like those included here as Exhibit C. Signage will not, and cannot under State law include a logo, symbol, or any images, including, but not limited to, depicting cannabis, cannabis products, or the imagery or action of smoking or vaping. Also, consistent with State law, no cannabis products will be displayed in an area that is visible from outside the store. With respect to landscaping, our client will largely retain the existing landscaping, taking whatever measures are necessary to tidy up the bedding in anticipation of the approaching spring season. Our client intends to maintain the landscaping to the same impeccable standard that exists throughout the City. As active, invested members of the Saratoga Springs community, the appearance of their business and its consistency with the neighborhood are critically important to Roger and Christine. Parking As discussed previously, the existing structure and parking area meets the parking requirement. As discussed at the last meeting, we have prepared and included a map, which shows relative walking distances to ancillary available parking at the top lot of the City Center parking garage (approximately 600 feet away); the stairs to High Rock Park which provide access to street parking on both sides of High Rock Avenue (approximately 458 feet away) and the main entrance to the City Center Parking Garage on Maple Avenue (approximately 1,433 feet away). See Exhibit D. Additionally, our client’s location is well served by public transit. CDTA Route 452 runs directly in front of our client’s proposed location, with its closest stop at the Marriott Courtyard. CDTA Route 450 also runs directly in front of our client’s proposed location, with its closest stop at High Rock Ave & Circular. See Exhibit E. As requested at the workshop meeting last week, our client will also install a bike rack at its proposed location, as depicted on the attached plan. See Exhibit F. Customer Experience In addition to the proposed location meeting parking requirements, the availability of supplemental public parking and the installation of the bike rack, the very nature of the Applicant’s operation will facilitate an orderly, efficient experience which will minimize the chance for any parking issues. Customers will have the ability to place online orders before travelling to the store. Those customers will be directed to a pickup counter upon their arrival where their order will be ready for pick up. For those customers who arrive at the store looking to browse, the Applicant will employ floating sales associates with tablet devices which can take orders. This experience will be similar to that of an Apple Store. Depending on level of business, the Applicant will staff its business with 2 to 4 floating sales associates. There will also be three POS stations where customers can place and pay for orders as well as at least 4 kiosks where orders can be placed. These customer traffic control measures are all consistent with New York State guidance. March 14, 2024 Page 5 4890-5071-8381, v. 2 Additionally, the dispensary will be a strictly retail operation. No consumption of cannabis products will be permitted on the property. Initial proposed hours of operation are Monday through Thursday 10:00am to 9:00pm; Friday and Saturday 9:00am to 10:00pm and Sunday 9:00am to 6:00pm. Waste Removal At the Workshop meeting, the Planning Board inquired as to waste removal. Our client’s proposed facility is not anticipated to generate more waste beyond a typical residential garbage can. No processing or manufacturing will occur onsite, all products arrive already packaged. The garbage cans will be located in the same location as they are currently. See Exhibit F. Special Use Permit Requirements Our client’s application materials include an analysis of the Special Use Permit standards. As previously discussed, given that our client’s proposal will not alter the exterior of the building, waiver of Site Plan Review pursuant to UDO Section 13.4(D)(1)(d)(ii) is being sought. This provision provides that “The Planning Board may waive site plan review as a condition of a special use permit if the Planning Board determines that considerations customarily evaluated under site plan review have been appropriately considered as part of the special use permit process.” We believe the parking and operational details provided above address the Planning Board’s previous questions on the subject. We are happy to address any additional or remaining questions that the Planning Board may have and are confident that any such questions can be considered as part of the Special Use Permit process. Conclusion Roger, Christine and I appreciate the time and effort the Planning Board has invested in reviewing this application. We apologize for providing a lengthy letter on the day of the public hearing, but felt the need to correct the record in light of several of the public comments that surfaced yesterday and today. We look forward to continuing to work with the Planning Board in its review of the project and will always be mindful of the concerns of the community, both during the application phase and in the future as our client operates. Sincerely, /s/ Robert A. Stout Robert A. Stout, Jr. EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F Imagery ©2024 Airbus, Map data ©2024 20 ft Measure distance Total distance: 90.80 ft (27.68 m) 137 Maple Ave