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Zoning board holds decision on Hydrophonics’ request to open cannabis dispensary after traffic, cemetery concerns

Town of Babylon Zoning Board of Appeals · November 21, 2024
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Summary

The Town of Babylon Zoning Board heard Hydrophonics LLC’s special-exception application to open a retail cannabis dispensary and agreed to keep the record open for additional plans, a parking agreement and traffic information after the applicant described operations and a cemetery representative raised safety concerns on Wellwood Avenue.

The Town of Babylon Zoning Board of Appeals heard an application from Hydrophonics LLC seeking a special exception to convert an existing retail building to a licensed retail cannabis dispensary (application 24209). Attorney Kevin O’Brien presented site and operational details and said the applicant holds state licensing and complies with the town’s special-exception criteria. The board reserved decision and kept the record open for updated plans, a recorded cross‑access/parking agreement and traffic analysis.

Why it matters: The application prompted a public safety concern from a representative of nearby Catholic cemeteries, who warned that traffic patterns on Wellwood Avenue — a high-speed corridor — could create hazardous conditions for funeral processions and cemetery visitors if the dispensary increases in-and-out site movements. The applicant and their counsel agreed to several planning-board conditions and said they would provide additional documentation addressing circulation and a parking agreement.

In testimony, O’Brien told the board the proposal would convert an existing retail structure without expanding the building’s footprint and that the operator had already appeared before the planning board. He described operational controls: limited hours (proposed to match planning memo guidance: 9 a.m.–9 p.m. Monday–Saturday and 10 a.m.–8 p.m. Sunday), no on-site consumption, an armed security guard during hours of operation, ID verification with state ID readers, sealed vault storage of products and cash at close of business, and a customer workflow with online preorders and expedited counters. O’Brien said submitted plans initially showed 22 parking spaces; after planning-board coordination the applicant amended the relief request to provide 23 spaces (29 required), reducing the requested relief from seven spaces to six.

A representative for Saint John Cemetery’s properties, Randy Vanieris, identified himself as the director of planning and development for the Catholic cemeteries and asked the board to consider traffic safety given funerals and cemetery access nearby. Vanieris said, “This kind of business...will have a more active participation coming in and out of the parking lot, than any memorial dealer would have ever had in the past,” and asked whether a traffic study had been prepared. O’Brien responded that the team had considered traffic, proposed right‑hand‑in/right‑hand‑out circulation, and agreed to submit any traffic study and the requested plans to the town.

Board action and next steps: The board closed public testimony for the night but reserved decision on application 24209. Members instructed the applicant to submit the cross‑access/parking agreement, updated plans (three sets of hard copies and email copies), and any traffic study before a decision will be made. The transcript records voice votes and motions but does not include a roll-call tally; the board confirmed in the hearing record that the matter will be decided after the additional materials are reviewed and that any required approvals (e.g., fire marshal sign‑offs) remain outstanding.

The zoning board also noted planning and environmental memos had been read into the record and that the building is currently vacant pending interior demolition and approvals. The applicant said they will provide the requested documents to the town attorney and planning staff; the board said a decision will be mailed to the applicant after members review the supplemental materials.