Opinions varied as Victor’s Zoning Board tabled a lighting request for a Phoenix Mills pergola and wrestled with legal questions over cannabis dispensary rules at Eastview Mall during Monday’s meeting.
Board members also reviewed a garage setback request and opened discussion on two other zoning appeals.
Pergola lights face code and compliance concerns
The Phoenix Mills Plaza team asked the board to amend a 2024 variance that allowed their pergola to sit in front of the main building. That original approval came with a firm condition: no lighting.
Since then, decorative string lights have been installed — without permission. The applicant said the lights were meant to highlight the plantings below, but board members pointed out the ban included both lights and decorations. They noted a growing list of add-ons under the structure, including pumpkins, flamingos, and even a treasure chest.
Several board members said they may not have approved the pergola at all if lighting had been included in the original plan. They worried about creeping changes that chip away at the zoning code and make enforcement harder over time.
The applicant floated the idea of using low-intensity or solar ground lighting instead, but board members said any lighting physically attached to the pergola was still prohibited.
The board agreed to table the hearing until Jan. 20 to give the applicant time to gather feedback from neighbors or tenants showing support for the idea.
Cannabis setback hinges on local vs. state law
Attorneys for Good Life Collective argued that state law overrides Victor’s rule about how far cannabis dispensaries must be from each other. The business hopes to open a new shop at Eastview Mall.
Victor’s local code requires a 1,500-foot distance from property line to property line. State law, however, says dispensaries must be 2,000 feet apart — measured front door to front door. Good Life’s proposed location meets the state rule with about 2,100 feet of separation but falls short under Victor’s method of measuring.
The applicant said the variance shouldn’t be considered “substantial,” since the project already clears the stricter state hurdle. They also pointed to similar local laws that courts have overturned in Riverhead, Saratoga Springs, and Southampton.
Town attorneys agreed that state law likely preempts Victor’s rule but reminded the board that the code remains in effect unless the Town Board changes it or a judge strikes it down.
The board closed the public hearing but tabled a decision until Jan. 20. Members plan to work with legal counsel to craft a resolution that acknowledges state preemption while still following local procedures.
Garage variance still under review
Thomas O’Callaghan is seeking permission to build an attached garage at 6839 Valentown Road that would sit too close to the property line.
The board clarified that both the garage’s foundation and its roof eaves would extend into the required 15-foot side-yard buffer. Updated measurements show a setback of about 9 feet, creating a nearly 6-foot shortfall.
Discussion was still underway when the transcript ended.
Two more appeals on the agenda
Also listed on Monday’s agenda were an application for FLX Dog involving kennel and fencing requirements, and the cannabis dispensary request by Good Life Collective. Only the dispensary case was fully discussed during the portion of the meeting available.
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