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Brookhaven BZA hears contested requests for cannabis retail near existing approvals; board holds cases

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Summary

Attorneys and applicants clashed over whether state cannabis licensing and a prior BZA grant at 33 Old Dock Road block a new dispensary proposal at 28 Sawgrass Drive. The board closed both matters for later decision.

The Town of Brookhaven Board of Zoning Appeals on May 14 heard extended argument over two linked cannabis retail special-permit requests that applicants say should be treated as separate state and local processes.

The debate centered on whether a previously approved BZA grant tied to 33 Old Dock Road prevents a new, nearby proposal at 28 Sawgrass Drive from receiving municipal approval and state “proximity” protection. Attorneys for the Sawgrass applicant said the state’s Office of Cannabis Management (OCM) will treat the identified justice-impacted individual as the controlling licensee and can transfer the applicant ID to a new LLC, while opponents warned the earlier BZA approval could still block or complicate licensing.

The matter matters because Brookhaven’s special-permit criteria for cannabis retail include proximity limits and recent town code changes…

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