ZBA pauses dispensary application, requires fire marshal inspection and records opposition letters

5810938 · September 5, 2025

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Summary

The zoning board heard NYCC 1 LLC’s application for a cannabis dispensary, discussed security and hours, and kept the record open pending a fire marshal inspection; opponents submitted letters and the board amended the application to note single-building occupancy.

The Town of Babylon Zoning Board of Appeals took testimony on an application from NYCC 1 LLC for a cannabis dispensary at an industrial-zoned property and left the application open after the board said it must receive the fire marshal’s inspection and associated report before making a decision. During the meeting, applicant counsel and proponent Brian Whelan described a facility design that the applicant said complies with state and town security rules; the applicant said the site would have 24-hour armed security, a monitored alarm system, roughly three dozen cameras, a vestibule for ID checks, a sprinkler system and ties to the local police. Whelan said there would be no on-site consumption, no events, and no cultivation on the premises — the site would only sell prepackaged goods. Board members sought clarification of operating hours and building occupancy. Whelan said the applicant will conform to the town’s prevailing hours (board members discussed standard hours used at other dispensaries) and that state and town rules would require extensive security measures. The board amended the application language on the record to state the use would occupy the entire building and noted that the fire marshal’s report was outstanding; the board said it could not move to decision before receiving that report. The board also noted five letters of opposition submitted for the record. No vote on approval was taken; the board kept the record open and instructed the applicant to secure the fire marshal’s inspection and otherwise complete outstanding agency requirements before the board acts further.