The City Council will consider a local law next month that would impose a three-month moratorium on new applications, as well as a related ordinance that would add definitions to the city code for businesses that sell cannabis, tobacco and e-cigarettes.
Public hearings will begin at 5:50 p.m. on September 3 during the Council’s next committee meeting, immediately before the regular meeting at which the bill could pass.
Mayor Michael Cinquanti confirmed Tuesday that the moratorium will not affect pending applications for smoke shops or recreational cannabis businesses that were submitted before the local law went into effect.
“The moratorium will be a phase where we look at what we have, what other communities have done, and try to find a way to give ourselves the level of control that we feel is necessary to improve our community,” Cinquanti said.
Following the state’s legalization of cannabis for recreational use, Amsterdam was not among the municipalities that decided against allowing some or all cannabis businesses before December 31, 2021. This unique opportunity to opt out arose before the state issued regulations for the industry.
“When we decided on the cannabis program, we thought we would have more control over where dispensaries could be located in our city, but it didn’t quite work out that way,” Cinquanti said.
Authorities were taken completely by surprise when the state issued a license for the first planned cannabis pharmacy in Amsterdam in April 2023. The city then issued zoning regulations for pharmacies, on-site consumption rooms and manufacturers in June 2023.
Existing regulations allow dispensaries in the city center zones and in the work, commercial and light industrial areas. Consumption sites are allowed in the work and commercial areas. Production is allowed in the work and light industrial areas. Marijuana businesses are not allowed in zones specifically designated as residential.
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Amsterdam Cannabis, the first and so far only licensed pharmacy to open in the city, has been widely accepted by the authorities. In the past, it was pointed out that the location was well chosen on a commercial section of Route 5S and away from residential areas.
Nevertheless, as a former industrial centre, large parts of the city are designed in such a way that houses and apartments are located next to shops and former carpet factories in the various development areas.
Two cannabis businesses recently proposed in predominantly residential areas have raised concerns in the city and apparently contributed to officials now considering revising regulations.
“We want to give our Planning Commission and Zoning Board of Appeals the tools they need to make the decisions they believe are best for our community,” Cinquanti said.
Fourth District Councilman Christopher Carpenter and Second District Councilman Rich Holoday are co-sponsors of the local law enacting the moratorium and accompanying ordinance to spark discussion about possible changes to the regulations to protect the city and its residents.
“I think it’s time we revisit this issue, and if changes need to be made, we need to make those changes together,” Carpenter said.
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Sanctuary Gardens LLC, a recreational cannabis microbusiness planned to be located in a former bank building at 161 Church Street, is facing widespread opposition from local residents who argue the site is not suitable for cannabis sales.
Residents and officials have expressed concern about the potentially harmful impacts on surrounding homes, businesses and the already busy traffic at the 5 Corners intersection. Residents are also concerned about the impact on area youth who frequently walk past the construction site to nearby bus stops, elementary schools and more.
“I don’t think anyone would want this type of business in an area where there are a lot of children, and in the 4th District, right in this location, so mid-range,” Carpenter said of the proposal in his district. “I think we owe it to the residents to take the time to have an open, transparent discussion about how the process moves forward.”
Sanctuary Garden’s application will be reviewed again by the Planning Commission on August 28 at 6 p.m., after two months of procedural errors that invalidated the application’s rejection. A majority of the entire seven-member panel, or four votes, is needed to approve or deny the application.
Concerns about the potential impact of a proposed micro-enterprise cannabis cultivation facility in the former AeroMed building at 251 W. Main St., fronting Division Street, were allayed when operators agreed to forego the planned inclusion of an on-site retail store. Plans for Mt. Marcy Farms were approved by the Planning Commission last month.
Although possible updates have yet to be decided, authorities generally seem to agree that cannabis retailers and tobacco shops should not be located near residential homes.
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“With all the work the City of Amsterdam has done over the last few years, they have done a fantastic job of improving our image and ensuring that our residents and neighborhoods in general are safe and family-friendly,” Holoday said. “I think that by rezoning, we can better protect our community from businesses that may not align with our values.”
Holoday said the city should be more strategic about attracting such businesses because of the impact they can have on the neighborhood, noting that they should not simply be lumped in with other commercial uses.
“Every single person I’ve ever spoken to doesn’t want this in the city,” Holoday added. “My job is to listen to the city, get feedback and do my best to get something done within the city limits. I listen and do my best to represent the wants, desires and needs of the community.”
The city’s current makeup could make that more difficult, Holoday acknowledged. Areas like Division Street are lined with residential buildings interspersed with a scattering of businesses, including a tobacco shop that opened in spring 2022.
“We want to make sure we do our part to ensure that the tobacco shops in our city are properly managed and located where we want them. And we certainly don’t want one on every corner,” Cinquanti said.
If the proposed local law passes, officials are expected to draft a draft update to the city’s zoning ordinance for possible adoption before the moratorium expires in December and will be subject to a public hearing.
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