Calls grow for Mount Vernon to shut down Westchester's first cannabis dispensary

As Mount Vernon’s Planning Board decides whether to retroactively approve the already operating Elevate cannabis dispensary, residents have called on the city to shut down Westchester’s first legal recreational weed shop until the panel acts.

The growing calls for the closure of Elevate come almost four months after the dispensary opened, with full knowledge of the city administration, but without crucial municipal approvals. Tax Watch detailed the issue last week, finding that the dispensary owners did a gut rehab of an autobody shop into a retail space without a building permit, and were granted a temporary certificate of occupancy based on the non-existent permit.

The Planning Board meets Wednesday at City Hall at 6:30 p.m. for a public hearing on the request for approval for the dispensary, which opened in early December.

Former Mount Vernon Planning Commissioner Vince Ferrandino, who also headed up municipal planning offices in Peekskill and Greenburgh, called on the city to shut down the facility until it’s fully approved, as it does for other businesses looking to open in the city.

“The Elevate cannabis retail business has been illegally occupying the site for many months, without local approvals,” wrote Ferrandino in a letter to the Planning Board. “The Elevate retail cannabis dispensary should be shut down, as it lacks any legitimate permits to operate in blatant violation of the law.”

Mount Vernon resident Chris McDonough said the Building Department’s decision to allow Elevate to operate without a permit stands in stark contrast to the experience of some Mount Vernon homeowners who can wait months for approvals so they can begin work on projects.

“Letting Elevate skate around city building codes while homeowners are left to deal with unresponsive staff and waits that last for months, and in some cases years, is wrong, but sadly typical,” said McDonough. “It seems quite possible that if this cannabis shop was required to follow the city’s land use process as written, it would not be open today.”

Mayor 'does not have a response'

Calls to Building Commissioner Patrick Holder were referred to the office of Mayor Shawyn Patterson-Howard.

More: Open for months, Elevate, Westchester's 1st legal cannabis shop lacks crucial city approvals

Patterson-Howard is the among the dispensary’s biggest cheerleaders. She has promoted the cannabis industry as an opportunity for economic development, with its promise of jobs and the 3% local share of the excise tax on dispensary sales. For every $1 million in cannabis sales, the city receives $30,000, with an additional $10,000 going to Westchester County.

She has lauded Elevate’s owners for bringing legal weed to the neighborhood by the Mount Vernon West Metro-North station, which has seen the development of a high-rise apartment building at the station, and the promise of 300 units of affordable housing a block from the dispensary.

She helped organize a ribbon-cutting ceremony on Feb. 20. That came eight days before the temporary certificate of occupancy was issued, and six weeks before the Planning Board holds a public hearing on the project’s site plan and parking issues.

Mount Vernon Director of Communications Tim Allen dismissed the calls to close the dispensary as political chatter.

“The mayor does not have a response,” said Allen when told of Ferrandino's critique. “The mayor remains focused on the work of the city of Mount Vernon and is unbothered by criticism and political back-and-forth.”

Elevate has all approvals, former mayor Thomas says

Elevate spokesman Richard Thomas insisted the dispensary has all the approvals it needs to operate in New York.

“The truth is Elevate Cannabis Dispensary received state authorization and local approvals, satisfying compliance requirements to operate within a highly regulated environment,” said Thomas, the city’s former mayor.

Resident Karen Scacchi has raised the issue of Elevate’s unpermitted opening with then-City Council President Danielle Browne in a series of emails that date back to December and January. At the time, the dispensary had obtained its state permit for cannabis sales, but lacked city approvals.

In a Jan. 3 email, Browne first assured Scacchi that Elevate “has not been operating without the necessary approvals.” Browne, who remains on the City Council after ending her term as board president, noted she’d visited the dispensary and had informed the owner that online sales were allowed, with no over-the-counter transactions authorized.

She then tried to assure Scacchi that the dispensary was “actively working with the city to secure all necessary approvals to operate fully and legally.”

Browne did not return an email seeking clarification.

More: Connecticut adult-use pot shops draw New Yorkers as NY rollout limps along

What the Planning Board has to do

Ferrandino’s memo to the Planning Board pointed out several issues that remain to be resolved.

He said the project lacked a building permit, a sign permit, and a legitimate certificate of occupancy. He said the provision of 10 parking spaces was inadequate, maintaining that it needed 4 more spots to meet city regulations.

He asked the Planning Board to consider the dispensary's proximity to Fresh Start Christian Center, which holds services at 115 MacQuesten Parkway in a building that backs up on South Terrace Avenue. He said the building came with 200 feet of the dispensary, which could require a zoning variance.

He also questioned Elevate’s contention that the dispensary would not result in a substantial increase in traffic. He said the dispensary has already increased traffic on the narrow street.

Ferrandino noted that the city’s new zoning law allows dispensaries in seven zoning districts across the city. Whatever happens with Elevate, he said, will stand as a precedent for other dispensaries.

“It is critical for the Planning Board and the applicant to get it right at this time,” he said.

Thomas, meanwhile, encouraged visitors to check out Westchester’s first adult-use cannabis dispensary, and consider attending a block party on South Terrace Avenue on April 20, what's known as the national holiday for cannabis culture.

“For those that want to discover relief, heighten their senses, or learn more about the highly regulated environment in which we operate, contact Elevate Cannabis Dispensary, visit the shop during business hours, or join us on Saturday, April 20 for the Elevate 420 Block Party to learn more about the $2 billion industry and why Elevate Cannabis Dispensary is good for New York,” he said.

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David McKay Wilson writes about tax issues and government accountability. Follow him on Twitter @davidmckay415 or email him at dwilson3@lohud.com.

This article originally appeared on Rockland/Westchester Journal News: Calls grow for Mount Vernon NY to close Elevate cannabis dispensary