Riverhead Town denies variances for cannabis greenhouse proposal in Calverton

Plans for a cannabis growing operation in Calverton hit a snag after the Riverhead Zoning Board of Appeals denied two variances for the project.

Brother Bear Canna LLC had proposed a 33,700-square-foot greenhouse on a 5-acre site on Middle Road to grow, cure and package recreational marijuana. Though the property’s agricultural zoning allows cannabis cultivation, the developer sought variances to install a taller fence than town code allows and exceed the limit for impervious surfaces that don't absorb rainwater and can increase pollution and flood risk.

The proposal alarmed neighbors — many of whom reside in two retirement communities near the site — over odor, noise and an anticipated spike in truck traffic despite developers' assurances that the greenhouse would be sealed and shielded from view.

Residents at the standing-room-only meeting erupted in applause on Thursday as zoning board vice chairman Ralph Gazzillo delivered the denial.

“After this careful review, the Board hereby determines that the benefit of granting the area variance request, when balanced against the detriment of granting the area variance request to the health, safety and welfare of the community, we hereby deny the application,” Gazzillo said, reading from a 10-page decision.

The board voted 5-0 to reject both the paved area and 8-foot fence variances requested.

The denial prevents the town planning board from continuing to review the application “unless the need for variances are eliminated or reduced,” according to Greg Bergman, a senior town planner.

John Anzalone, a partner at Harris Beach Murtha of Uniondale who is representing the applicants, said in an interview Friday that he had not received a copy of the decision.

“We will decide our course of action after we have a chance to review the decision," Anzalone said, adding that he wasn't surprised at the denial after the contentious public hearing last month.

Brother Bear Canna LLC is partnering with Grasse River Hemp, which holds cultivation, processing and distributing licenses in St. Lawrence County, near the Canadian border. The state Office of Cannabis Management board approved the relocation of those licenses to Riverhead in November, records show.

State cannabis laws bar the same entity from holding licenses for both growing and selling marijuana, so no retail sales are permitted on site.

At a December hearing, zoning board members scrutinized the request for variances, suggesting the project be scaled back.

“It seems to me like … you’re creating this problem for profit,” board member John M. Porchia III said at that meeting. “I don’t see any other reason why you can’t comport with the current requirements.”

The applicants previously estimated cannabis cultivation at the site could generate between $6 million and $8 million per year.

Residents also argued that cannabis cultivation is a form of vertical farming — a method where crops are grown in controlled environments indoors — better suited for industrial areas of town.

At a Dec. 11 hearing, Tony Kieffer, a representative for the developer, said the cannabis would be grown in a hydroponic system using coco, which is made from coconut husks, as a growing medium.

Riverhead’s stated intent for the agricultural protection zoning district is to “preserve existing prime agricultural soils,” according to town code.

“Traditional farming greenhouses do not look like what this industrial building looks like,” Toqui Terchun, president of the Greater Calverton Civic Association, said in an interview. The cannabis greenhouse is “not dependent on being in farm country,” she said.

Terchun said the residents were “thrilled” with the zoning board denial and “felt heard.”

The developers don't see the operation as a vertical farm or industrial operation. But rather, they said, it would be similar to a traditional greenhouse that uses soil and a mix of natural and artificial light.

Kieffer said the greenhouse is designed to be “harmonious” with the surrounding community.

He said, “We are not doing traditional farming involving manure, heavy machinery … we are offering up to use the most sealed, contained, filtered, highest technology that is available to grow this crop.”