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Pine Plains Planning Board approves waiver for proposed dispensary

Pine Plains Planning Board approves waiver for proposed dispensary

Planning Board members granted a waiver to the proposed cannabis dispensary located in the historic weigh station on Route 82 allowing the business to operate within 300 feet of the firehouse and the Post Office in contradiction with Pine Plains's local law. Town attorney Warren Replansky explained the town's codes would likely be unenforceable following legal decisions handed down by the Office of Cannabis Management on Monday, Oct. 6.

Photo by Nathan Miller

PINE PLAINS — Members of the Planning Board voted unanimously to grant a waiver to Upstate Pines allowing the cannabis dispensary to operate within 300 feet of the firehouse and the Post Office at their regular meeting Wednesday, Oct. 8.

That vote came after Planning Board attorney Warren Replansky explained recent state guidance superceded the town’s ability to restrict the business on the grounds of its proximity to the Post Office and the firehouse.

Approval of the dispensary itself was not yet granted, and the public hearing will be continued at the Wednesday, Nov. 12, meeting of the Planning Board.
Replansky explained an advisory opinion handed down on Monday, Oct. 6, from the state government and the Office of Cannabis Management clarified that municipalities may only legally restrict a nonmedical cannabis dispensary’s distance to a “public youth facility,” defined as a publicly accessible space with the primary purpose of providing services to children.

“So that might’ve saved you a bit of time,” Planning Board Chair Michael Stabile said to the applicants following Replansky’s remarks.
Next steps for the project now require the applicants to undergo State Environmental Quality Review, a standard process that most major development projects are required to follow.

Planning Board members, Replansky and the applicants also discussed parking and traffic control plans after receiving input from Dutchess County Planners that requested more specific information about the potential future uses on the site including a grocery store and an ice cream shop.

County planners wanted to see a detailed description of the scope of all future uses to limit the possibility of segmentation, which is when a project is proposed and completed in vague phases that inhibit the full environmental review process.

Also on the agenda was a resolution to allow construction of a small house at 441 Carpenter Hill Road and the approval of a site plan for ground-mounted solar panels in the backyard of a residence at 560 Carpenter Hill Road. Board members approved the resolution for the small house and accepted the site plan for the solar panels, setting a public hearing on the matter for Wednesday, Nov. 12.

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