Babylon mulling pot shop pause, new cannabis zoning regulations
Chris Abbenda, left, and David Pejovic, at Phelps Lane Park in North Babylon on Thursday. They had considered opening a retail marijuana dispensary in Babylon but are now considering other options. Credit: Danielle Silverman
Babylon Town has proposed a six-month moratorium on applications for cannabis retail shops along with tighter zoning restrictions just as the state has opened the application process to the general public.
A public hearing on the proposals will take place at 3 p.m. on Oct. 11 at Town Hall.
Last month the state adopted regulations that go into effect Oct. 12 under which potential recreational marijuana store owners can file an appeal if they feel a municipality has "unreasonably impracticable" zoning or other requirements.
Then on Wednesday, the state opened the licensing process to the general public.
Matt McDonough, an outside attorney for the town, said in an interview Wednesday the moratorium is needed because the town anticipates “being slammed” by applications.
He added that the town's proposals would give Babylon officials "the opportunity to take a breath to review the state regulations, how they affect us and how they’ll affect the applicants."
Under the new state regulations, applicants who feel thwarted by local processes can appeal to the state Office of Cannabis Management, which oversees the industry.
Advisory opinions from the state could result in court challenges and municipalities being unable to enforce local rules, McDonough said.
Babylon only allows recreational pot dispensaries in industrially zoned areas outside a 200-foot radius of religious properties and a 500-foot radius of schools, libraries, parks and any other areas "where minors congregate."
The town's proposed cannabis zoning changes include adding sites used for marijuana delivery services under its definition of a retail dispensary and allowing town officials to take action if a landlord leases space to an unlicensed pot retailer.
Besides Babylon, only three other towns — Brookhaven, Riverhead and Southampton — allow retail shops, and potential applicants have complained that zoning restrictions have made it difficult to find storefronts.
Strain Stars in East Farmingdale, which opened in July, is the only licensed retail brick-and-mortar pot shop on Long Island.
Five additional businesses are “somewhere in the pipeline” to open in the Town of Babylon, according to McDonough.
The attorney said those parties hold conditional state licenses to open recreational pot shops and already are going through the town approval process, so they wouldn't be affected by a potential moratorium and would be exempt from any zoning changes.
Nearly 40 businesses received "conditional" state licenses to open recreational pot shops on Long Island. To qualify, an applicant has to have owned a profitable business for at least two years and either have had a marijuana conviction or have a relative with such a history.
However, a court-ordered injunction has barred the state from finalizing the conditional licenses after four military veterans challenged the process, Newsday previously reported.
The three owners of a retail cannabis dispensary in Massachusetts who live in New York said in an interview Wednesday they were hoping to open a shop in Babylon.
But Chris Abbenda, 28, of Sea Cliff, and his partners, Owen Martinetti, 28, of Northport, and David Pejovic, 27, of Brooklyn, said they are reconsidering after the town's new proposals.
“This moratorium would be horrible for people like ourselves. They’re just shutting out businesses when the town could benefit from more stores," said Abbenda.
“The Town of Babylon was really leading the way in what this could have looked like for Long Island cannabis, so this could have a lot of negative long-term repercussions,” added Martinetti.
Babylon Town has proposed a six-month moratorium on applications for cannabis retail shops along with tighter zoning restrictions just as the state has opened the application process to the general public.
A public hearing on the proposals will take place at 3 p.m. on Oct. 11 at Town Hall.
Last month the state adopted regulations that go into effect Oct. 12 under which potential recreational marijuana store owners can file an appeal if they feel a municipality has "unreasonably impracticable" zoning or other requirements.
Then on Wednesday, the state opened the licensing process to the general public.
Matt McDonough, an outside attorney for the town, said in an interview Wednesday the moratorium is needed because the town anticipates “being slammed” by applications.
He added that the town's proposals would give Babylon officials "the opportunity to take a breath to review the state regulations, how they affect us and how they’ll affect the applicants."
Under the new state regulations, applicants who feel thwarted by local processes can appeal to the state Office of Cannabis Management, which oversees the industry.
Advisory opinions from the state could result in court challenges and municipalities being unable to enforce local rules, McDonough said.
Babylon only allows recreational pot dispensaries in industrially zoned areas outside a 200-foot radius of religious properties and a 500-foot radius of schools, libraries, parks and any other areas "where minors congregate."
The town's proposed cannabis zoning changes include adding sites used for marijuana delivery services under its definition of a retail dispensary and allowing town officials to take action if a landlord leases space to an unlicensed pot retailer.
Besides Babylon, only three other towns — Brookhaven, Riverhead and Southampton — allow retail shops, and potential applicants have complained that zoning restrictions have made it difficult to find storefronts.
Strain Stars in East Farmingdale, which opened in July, is the only licensed retail brick-and-mortar pot shop on Long Island.
Five additional businesses are “somewhere in the pipeline” to open in the Town of Babylon, according to McDonough.
The attorney said those parties hold conditional state licenses to open recreational pot shops and already are going through the town approval process, so they wouldn't be affected by a potential moratorium and would be exempt from any zoning changes.
Nearly 40 businesses received "conditional" state licenses to open recreational pot shops on Long Island. To qualify, an applicant has to have owned a profitable business for at least two years and either have had a marijuana conviction or have a relative with such a history.
However, a court-ordered injunction has barred the state from finalizing the conditional licenses after four military veterans challenged the process, Newsday previously reported.
The three owners of a retail cannabis dispensary in Massachusetts who live in New York said in an interview Wednesday they were hoping to open a shop in Babylon.
But Chris Abbenda, 28, of Sea Cliff, and his partners, Owen Martinetti, 28, of Northport, and David Pejovic, 27, of Brooklyn, said they are reconsidering after the town's new proposals.
“This moratorium would be horrible for people like ourselves. They’re just shutting out businesses when the town could benefit from more stores," said Abbenda.
“The Town of Babylon was really leading the way in what this could have looked like for Long Island cannabis, so this could have a lot of negative long-term repercussions,” added Martinetti.
Denise Bonilla has worked at Newsday since 2003 and covers the Town of Babylon, including the villages of Lindenhurst and Amityville.
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