GUILDERLAND — The Guilderland Zoning Board of Appeals this month approved the opening of a cannabis dispensary on the site of a former Western Avenue ice cream shop. 

On May 7, the board voted, 4 to 1, to allow Jason Southwood to convert the former seasonally-operated Cone Zone at 2028 Western Ave. into a year-round retail dispensary. 

This is Guilderland’s second dispensary; the first one, initially a medical dispensary located in Stuyvesant Plaza’s Executive Park, has since moved to Colonie. 

The shop location is zoned Local Business District, but backs onto a residential neighborhood, and on May 7, a few residents came to the zoning board meeting to voice their concerns about having a dispensary in their backyard. 

Norman Avenue resident Barbara Nottke expressed concern about increased traffic cutting through her street as well as other neighborhood streets — Cornell and Seward — to bypass congestion on Western Avenue. She noted the Cone Zone handled traffic with a one-way flow and restricted turns, but it was only seasonal and had limited hours, whereas the dispensary would have a continuous flow for extended hours year-round. 

Cristina Genovesi‐Nania, whose Cornell Avenue property abuts the future pot shop, was concerned with the dispensary’s immediate proximity to her backyard and home. She said that her family would be able to see and hear activities, smells, and sounds from the parking lot of an adult-only clientele, which she said presented a safety risk to her young child who frequently plays in the backyard. 

Genovesi‐Nania said the dispensary’s proximity was “way too close for comfort,” adding that the shop was also near a middle school whose students would be walking by the property. 

Genovesi‐Nania also raised quality-of-life issues related to lighting and privacy, particularly the brightness and height of proposed parking-lot lights and the direction of security cameras; the location of a dumpster with contents that could be potentially mismanaged, making it dangerous for nearby children; and  the potential impact on property values. 

Southwood, who also owns and operates a dispensary in Halfmoon, estimated for the board that the Guilderland shop would average six to seven customers inside the store at any given time, with an average visit lasting eight minutes. He said there would be four to five employees on duty at any given time, and the shop would have 25 to 30 full- and part-time employees. 

It was noted no on-site consumption of cannabis would be permitted, as Southwood isn’t seeking such a license and Guilderland had no interest in granting one. 

Addressing the site location, Southwood said the site meets state requirements for dispensaries regarding distance from schools — 1,000 feet — and churches — 500 feet. 

Southwood also explained to the board the significant challenge that comes with securing a property for cannabis dispensaries, which stems from the conflict between state and federal law. While selling cannabis is legal in New York state, it remains federally illegal.

This poses a problem for property owners with mortgages from federally-backed banks. Using a mortgaged property for a federally illegal activity could lead the bank to “call the mortgage,” demanding immediate repayment of the full loan. This risk makes many property owners hesitant to lease to dispensaries, severely limiting available locations. 

The board ultimately approved Southwood’s application with conditions including:

— The hours of operation would be Monday through Thursday, 10 a.m. to 9 p.m., Friday and Saturday, 9 a.m. to 9 p.m., and Sunday 9 a.m. to 8 p.m.;

— Deliveries must occur during business hours using vans, not trucks;

— All conditions of the original special-use permit for Cone Zone remain in effect;

— Southwood must adhere to the submitted plans and representations made to the board;

— Lighting must be from light-emitting diodes, LEDs, pointing down and away from neighboring residences, with lights turned off by 9:30 p.m.;

— If a dumpster is needed, it must be relocated and enclosed;

— The existing fence must be replaced with a six-foot privacy fence; and

— Signs must be installed throughout the parking lot to guide traffic flow.