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Owners explain microbusiness constraints: one dispensary, employee caps and 25-mile link to retail

Zoning Board of Appeals · August 15, 2024
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Summary

Quality High told the Zoning Board that New York microbusiness rules constrain size and operations: the company said it can have only one dispensary within 25 miles, a 3,600 sq ft canopy limit for cultivation and a maximum of 10 employees across facilities.

At the Zoning Board hearing, the applicant described regulatory limits tied to the state microbusiness license that shape facility choice and operational planning. Matt Nicoletti (S6) said microbusinesses are small by design and subject to caps on canopy, employees and dispensary relationships.

Explaining the license structure, Matt said the company is limited in several ways "as the name micro as it implies" and that facilities of 3,600 square feet are typical for microbusinesses. He added, "The state law is that we must be within 25 miles of our facility," meaning the company’s dispensary and cultivation facility must be sited within that distance. He also stated the license limits total employees: "We can only have 10 employees max throughout both facilities." These constraints, he said, are part of why the applicant wants the second-floor Peekskill location rather than a large industrial site.

Board members used these constraints to assess whether the activity should be treated like other manufacturing uses; staff and the board concluded the business functions (cultivation plus processing/packaging) fall within the city's manufacturing definition even under the microbusiness model. The board stressed that the special-permit review will further examine how those limits are enforced and whether additional conditions are needed to protect neighborhood character.