Is this the kind of development we want in our neighborhoods?
Rochester, NY, In a decision that has stunned local residents, the City Planning Commission is moving toward approving yet another smoke shop, this time at 1008 Avenue D, right across from Pulaski Park, a cherished green space where children play and families gather.
But that’s not all. The applicant behind this controversial proposal? A Mother of a City of Rochester employee, and her family is to run the smoke shop.
The proposed business would split the property into a small grocery store and a larger smoke shop, over 770 sq ft dedicated to smoking products, including tobacco and accessories. It’s being proposed in an R-1 Low-Density Residential Zone, where such businesses are not typically allowed.
What’s Being Violated? A Lot.
Community members have submitted a formal legal objection, pointing to these clear violations of city zoning law:
- Smoke shops are not allowed in R-1 zones
Violation: § 120-9 – Commercial smoking sales are not permitted, even by special permit. - You can’t use a Certificate of Nonconformity to bypass the law
Violation: § 120-191C(3) – You can’t approve a use that’s otherwise prohibited. - The new use is larger and more intense than the original
Violation: § 120-191B(3) – A 770 sq ft smoke shop replacing a small grocery isn’t “equal or less intense.” - The property may have lost its grandfathered rights
Violation: § 120-199F – If commercial use stopped for 6+ months, it cannot be reestablished. - Violates the very purpose of residential zoning
Violation: § 120-7 – The district is meant to protect homes from disruptive commercial use. - Too close to a park used by kids, seniors & families
Conflict: Pulaski Park is right across the street. This use introduces health and safety risks – loitering, smoking, exposure to minors. - Sets a dangerous precedent
Approving this project could open the door for more smoke shops in residential zones – weakening zoning protections citywide.
Despite strong zoning restrictions, the application has already received preliminary approval, with only minor requests for floorplan revisions. Community members are now asking: How is this happening?
“We have kids playing across the street every day. How can the city allow this?” – local resident, speaking at a recent neighborhood meeting.
A Park, a School, and a Smoke Shop?
Planning commission
Planning Commission members are selected by the mayor, confirmed by the City Council, and were fully supportive of this proposal, as long as it met the 50% floor plan for the convenient store.
Full Members
| David Watson, Chair | South District |
| Eugenio Malin, Vice Chair | Northwest District |
| Bradley Flower | South District |
| Erin Enright | East District |
| Nicholates Carleton | East District |
| Milton Pichardo | Northeast District |
During the public hearing, David Watson, Chair of the City Planning Commission, appeared notably supportive of the smoke shop proposal, showing eagerness to move the application forward despite multiple zoning concerns and public objections.
Notably, Chairman Watson did not raise any questions about the property’s proximity to Pulaski Park, a highly relevant issue given the family-oriented nature of the area. He also did not acknowledge or inquire about the volume of community pushback, a surprising omission given the widespread concern voiced by local residents and advocates.
According to public hearing records, Watson seemed unaware that nearly 800 square feet of the proposed business would be allocated to the smoke shop, a fact only clarified when a community member brought it to the Commission’s attention. This critical detail had been overlooked during his initial review.
The lack of scrutiny over the proposed use, especially in a residential zone and across from a 7 acre public park, has led many to believe the decision-making process felt rushed and dismissive of community welfare. Residents are now questioning whether the application received a fair and thorough evaluation, or if its path to approval was smoothed by internal bias and inattention to zoning intent.
East District representative Nicholas Carleton was the only Planning Commission member to express reservations about approving the proposed smoke shop. Although he ultimately supported a temporary hold on the decision, he did so with the condition that a detailed floor plan be submitted for further review.
Let’s be clear, Pulaski Park is no random patch of grass. It’s a beloved space where little league games, birthday parties, and summer camps take place. Families walk their children to this park, now, potentially through a cloud of smoke and neon signage. Would you want your child walking past a smoke shop every time they go out to play?
This isn’t just about one building. It’s about the kind of neighborhoods we want to build. Smoke shops have been linked to increased loitering, reduced property values, and higher exposure of harmful substances to youth, especially in low-income areas.
So why place one right in front of a park, in a residential area, with houses on every side?
You are encouraged to contact Mayor Malik Evans at [email protected] and the Rochester City Planning Commission at [email protected] to respectfully request reconsideration of the proposed project.