Hearing for Proposed Catskill Mountain Cannabis Draws Crowd

HUNTER — The Town of Hunter's Planning Board recently convened a highly anticipated public hearing regarding the proposed construction of the Catskill Mountain Cannabis LLC, a marijuana grow facility, on the corner of Platte Clove Road and Farrell Road. The meeting, held in person and with a few attendees joining via Zoom, saw a full room as residents voiced their opinions on the project.

The brainchild behind the 10,800-square-foot facility, Alexander Zivian, a self-described 24-year resident of the Town, opened the proceedings with a comprehensive overview of the project, which has been two years in the making. The proposed facility, slated to be constructed on Zivian's property, aims to comply with state regulations and operate as a legal marijuana production center.

The facility will have six flower rooms and two vegetative rooms, which will be used for cloning the “mother” plants. 3,500 square feet will be reserved for growing, the smallest allowable space for indoor grow operations. Zivian said, “My goal is to grow indoors because of higher quality marijuana and smell and security concerns. I can guarantee it will be completely odor-proof.” 

The length of time for a grow cycle from start to finish will last approximately 9 weeks, which includes time to cure the plants, according to Zivian. He will not use manure or any chemicals, opting instead for a living soil system. Zivian said it will not be a hydroponic system, but more like your average raised garden beds, only with the water being reclaimed.

Neighboring property owner Charles Testagrossa, who said he received notice about the hearing just 11 days prior, expressed vehement opposition. Testagrossa cited potential adverse effects on his property, particularly concerning generator noise and security lighting. His concerns echoed throughout the meeting, with several residents questioning the choice of location and potential impacts on the community's safety and well-being.

Zivian has stated he will use infrared cameras in order to eliminate security lighting.

Athena Billias, Marcia Johnson, Sean Byrne, Nettie Farrell, and others echoed Testagrossa's concerns, pointing to discrepancies between the Town's Comprehensive Plan and the Scenic Byway Management Plan. They argued that an industrial facility in a rural and residential area contradicts the Town's laws and threatens the community's character and safety.

Public comments can be found online at www.townofhuntergov.com under Planning Board Minutes.

In response to the community's concerns, Zivian addressed security, odor control, and the facility's operational details. He emphasized his commitment to following state regulations, implementing stringent security measures, and minimizing the facility's impact on the surrounding area. Zivian assured residents that the facility would adhere to strict guidelines and operate transparently.

Planning Board Chair Marc Czermerys said, "I think you've done a really good job of mitigating most of these factors." He added that he may reach out for more information about Zivian's plans for odor control. 

Czermerys added, "What [Zivian] is talking about building is not more unsightly than other things less than a mile away. You have a mine right down the road from the place, and you have a person running a propane business right down the road. I understand that you guys love the area, but it doesn't mean you get the right to be blind to everything else happening around there." 

Planning Board Member Rose Santiago requested a more detailed plan regarding plant matter and refuse.

Following a motion by Czermerys to extend the public comment period, Stephanie Allison from Environmental Design Partnership provided updates on the project's technical aspects. Details included plans for reducing water usage, odor control systems, and electricity sources.

Zivian's current plans call for a flat roof for the 10,800-square-foot structure. However, Santiago recommended a pitched roof. The building would be constructed by Box4Grow, a "leading provider of flexible, scalable, and profitable indoor grow facilities," according to their website. 

During the meeting, concerns about potential criminal activity, water usage, noise, and the size of the building were raised. A flier circulating on social media, titled "Save Platte Clove! Stop Pot Clove!" highlighted opposition to the project, gathering both support and criticism from community members.

In response to the flier, Zivian expressed frustration, accusing the opposition of misrepresenting the project to incite fear within the community. He reiterated his commitment to sustainable, organic farming practices and providing for his family while respecting the community's concerns.

Planning Board Member Susan Kukle asked Zivian what he planned on doing with the refuse. Zivian replied that he is considering a state-certified composting center for leftover plant matter, including stems and seeds. 

Czermerys informed Zivian that because the project is being presented as one lot, any expansion plans for his residence, which sits on the same parcel (like an addition or shed), would require approval from the Planning Board. The proposed facility, along with Zivian’s residence, would also have to adhere to the Town’s fire prevention regulations.

The project in Elka Park was also discussed during last night's Town of Hunter Board Meeting when the Planning Board presented its monthly report. Residents again voiced dissatisfaction with the project.

Town Board Councilmember Ernie Reale asked, "So he's (referring to Zivian) going through a high level of scrutiny with the Planning Board, justifiably so, but if he were to grow outside, would there be a much lower level of scrutiny?" Czermerys replied, "[There would be] pretty much none." 

If Zivian were to grow outside, he would only have to meet the state's requirements for cannabis production. Zivian currently holds a micro business license to grow cannabis. Additionally, he participated in the Office of Cannabis Management’s (OCM) Cannabis Compliance Training & Mentorship Program (CCTM), a ten-week program covering diverse subjects such as cannabis cultivation techniques, processing methodologies, agribusiness management, and regulatory compliance protocols. 

According to The New York Times, Governor Kathy Hochul has ordered a review of the state's OCM to speed up its licensing red tape. Earlier this year, Governor Hochul called the rollout of New York's cannabis program a "disaster," the primary concern being the proliferation of illegal weed shops. Catskill Mountain Cannabis would not have a storefront nor would it be open to the public. Zivian has stated that Catskill Mountain Cannabis would cater to legal, licensed dispensaries. He would use a company box truck to deliver the weed.

At Tuesday night’s Town Board meeting, Czermerys said the state has "recently made it clear that they're not going to be able to enforce their requirements very well for the time being." 

Town Supervisor Mahoney asked if the burden would fall to the municipalities. 

Czermerys said, "They assume that it will."

Town Code Enforcement Officer Sarah Pellizzari asked if the state would provide any coursework to certify the Town's code enforcement officers so that they could enforce the state's regulations. Pellizzari mentioned how they currently work with FEMA, the Department of Environmental Conservation, and the Department of Health.

Pellizzari said, "We don't enforce other agencies unless we're trained by them."  

Czermerys said, "They've put the localities in a bad spot. They've made this stuff legal with no guidance or training. They screwed the pooch on the rollout." 

There was a lively debate about the need for a Town engineer to oversee the project between Town Supervisor Sean Mahoney, Code Enforcement Officers Pellizzari and Santiago (the latter who also sits on the Planning Board), and Planning Board Chair Marc Czermerys.  

Pellizzari and Supervisor Mahoney requested that a Town engineer be involved in the project. 

Czermerys said, "I have no issue with changing our overall process... there's a difference between moving forward and where we're at."

Supervisor Mahoney said, "I'm listening to all of this, and it's complicated, and it's new, and I want to make sure we're doing it right. I've heard concerns about the septic, the noise, and the smell. I'm not taking anything away from the Planning Board, but it's my understanding that we would retain a Town engineer. Before approval is given, and I think it's the opinion of this Board, we would ask the applicant to make an escrow account."

According to the site plan review law, if an engineer is required, the applicant must open a bank account controlled by the Town to pay for engineering review costs.

"I understand that you are asking for that," replied Czermerys. "I will discuss it with my Board." Referring to the Town Board, Czermerys added, "It's not really your purview."

Supervisor Mahoney said, "I understand that."

Czermerys said, "I'm making it very clear so everyone in the room knows that if it doesn't happen, it's not because you guys didn't ask - it's because we decided we didn't need it," referring to the escrow account for a Town engineer.

Supervisor Mahoney said, "I think that's fair, but I would like the [Planning] Board to know that this is what the Town Board wants. 

Pellizzari said, "I would like it to be very clear that if the applicant needs to be made aware of the need for an engineer, and it discourages them, then it drags through our department. Please understand that it's been three years of this. Every time a site plan gets approved by this [Planning] Board, we have to sift through a lot of questions."

When Reale asked Pellizzari if her department would feel more comfortable having a Town engineer involved with all projects, Pellizzari agreed.

Czermerys said, "That's part of the issue with this. It can't be an undue burden on the applicant to wait a year to get a quote back for what we need in escrow to do these reviews."

Pellizzari said, "Having a Town engineer is crucial for our department."

Supervisor Mahoney said he had a conversation with Santiago about retaining a Town engineer. "We need a Town Engineer," he said. "It needs to be fast-tracked."

Referring to the proposed Catskill Mountain Cannabis project, Supervisor Mahoney said, "I think we're smart enough to identify that this one is going to be complicated. [A Town Engineer] should be part of the procedure going into it. Regardless of the application's merits, if something feels a little weird, we should just do it." 

Czermerys said, "I understand the feeling of the Town Board, and it will be conveyed to the Planning Board."

Czermerys said the current site plan still needs to be improved. He added, "It won't get approval in its current state."

Mahoney said, "I appreciate everyone involved in this - so much. We're all trying to do a good job here, so let's keep that in mind."

New York State legalized adult-use cannabis in March 2021.

The Planning Board has extended the public comment period until April 2, allowing further discussion and evaluation of the proposed project's impact on the Town of Hunter and its residents. Comments can be emailed to mczermerys@townofhuntergov.com. As the debate continues, the fate of the Elka Park marijuana facility remains uncertain, pending further deliberation by local authorities and community members.