Neighbors press ZBA to reject Deer Park cannabis dispensary; applicant cites state preemption

Joseph F. Frizzell, attorney for MRM Ventures LLC, presented a proposal to open a nonmedical cannabis dispensary in a 2,267‑square‑foot end unit on Grand Boulevard in Deer Park and asked the Zoning Board of Appeals to grant necessary site relief.

Frizzell told the board the site is in an industrial G district and that it meets New York State requirements administered by the Office of Cannabis Management (OCM): the tenant space is internal, there is no proposed facade work, the operation would include a secure vestibule, double age checks, limited public visibility into the store, and no on‑site consumption. He said 66 parking spaces are provided where 64 are required, hours would be 10 a.m. to 9 p.m., and peak staff would be six employees with two delivery drivers chiefly on the road.

A central legal point of Frizzell’s presentation was state preemption. He described advisory opinions and recent court rulings he submitted that, in his view, limit local siting controls: the state treats a retail cannabis business like an alcoholic‑beverage retailer and applies entrance‑to‑entrance distance calculations for certain protected uses. Frizzell said the town’s 750‑foot residential separation requirement would be smaller under the state's method (he cited calculations of about 705 feet or roughly 635 feet depending on doors measured) and argued that where state rules apply, local distance rules are preempted.

Opposition from residents was extensive. Dozens of speakers from the Quail Run condominium community and nearby streets told the board they feared increased traffic on Grand Boulevard and Brandywine/Comac, inadequate parking, pedestrian safety risks, and persistent odor from an existing dispensary less than a mile away. John Allen said he has observed on‑site consumption and called the area already congested; Raymond Smolensky and other homeowners association leaders emphasized children’s outdoor facilities and the potential for odors reaching communal spaces. Several speakers urged the board to deny the application or to enforce the town’s separation distances.

Frizzell responded to concerns about deliveries and storage, saying deliveries would be staff vehicles or drivers who do not leave products in vehicles overnight and that the system is highly regulated and audited by the state. He noted pending appellate litigation and recent advisory opinions that, in his view, support the applicant’s legal argument.

The board asked clarifying questions about parking, deliveries, and the submitted legal materials. No final determination was made; the board closed the hearing and reserved decision, with the record to remain open for the board’s review.

Quotes:
"If you meet the state's requirements, you have a lawful use," Frizzell said, summarizing his legal position.
"We don't need that smell for the kids," homeowner Raymond Smolensky said, describing concerns about odor reaching Quail Run's communal areas.

Next steps: The board will review submitted state advisory opinions, court decisions, and local planning memos before issuing a written determination.