Board holds Small Leaf cannabis retail request after dispute over nearby 'residence'

The Town of Brookhaven Board of Zoning Appeals on April 30 held open the public hearing on a special permit request from Small Leaf 79 LLC to open a cannabis retail store at 1219 Melville Road (listed in the record as Farmingville), saying the applicant needs time to prove whether a nearby structure 142 feet from the proposed site is a residential use.

Town planner Michael Reed told the board the town code (section 85‑569) prohibits cannabis retail establishments within a 500‑foot radius of a residential use or zone and related sensitive uses. Reed’s staff report said the proposed site meets three of five numeric criteria for cannabis retail — and might meet a fourth if the applicant confirms there will be no indoor consumption.

Applicant attorney Larry Davis said the 142‑foot measurement is “as the crow flies” and that on the ground the structure appears to be used commercially, showing photos of a chain‑link lot with commercial vehicles and barbed wire. Davis said the building has an existing‑use certificate dated 02/02/2012 listing it as a single‑family dwelling but argued the present use is commercial and therefore not a residential use under the code. Reed and the chair pointed out the certificate of existing use is evidence of residential use and said the applicant bears the burden of proof.

Davis asked for more time to investigate the occupant and use of the building and to assemble documents. Board member Ronald Lindsey moved to hold the hearing open to May 14; the chair seconded the motion and the board voted in favor. No final action was taken.

The board’s staff report recommended typical grant conditions for cannabis retail approvals if the board allows the permit later: a three‑year term, no building permit until an applicable New York State cannabis license is obtained, retail sales only, and a prohibition on indoor cannabis smoking.

Davis said his client already has a conditional state authorization contingent on this site and that the operation would include surveillance and security measures. Board members emphasized the town code’s intent to limit proximity of cannabis retail to residences and schools, and asked the applicant to provide clear documentation showing whether the nearby structure is being used as a residence or commercially.

The hearing remains open. The applicant requested and the board set a May 14 return date to supply the cited follow‑up materials and field verification of the nearby structure’s current use.