Plan to open first marijuana dispensary in Batavia nears approval

Plans for Batavia’s first marijuana dispensary to open in a former Arby’s restaurant are moving forward.

The city council will vote on a request for a conditional use permit Tuesday for Dutchess Cannabis to open in the building at 144 S. Randall Road. Boston-based Rubino Ventures, LLC is the applicant.

The council’s committee of the whole voted 11-1 in favor of it Tuesday night, with one alderman abstaining and one absent. Alderman Nick Cerone cast the lone “no” vote.

The Arby’s closed in 2022 and has been vacant since.

Two residents spoke against the proposal. One said the dispensary would encourage young people to use cannabis and was too close to Batavia High School and three elementary schools.

The dispensary would be about two-thirds of a mile by foot from the high school, a half-mile from Holy Cross Catholic School and 1½ miles from H.C. Storm and Alice Gustafson elementary schools, the residents said.

Resident Joan Clayton, a former D.A.R.E. instructor, said cannabis is a gateway drug and claimed the dispensary would cause headaches for the police department and more accidents on Randall Road.

A spokesman for Dutchess said the dispensary will not allow people under the age of 21 into the store, and will scan the IDs of all visitors before they can enter the sales area.

Dutchess’ Vice President of Operations Alexis Bigi-Prow said, if approved, construction would begin in February and the dispensary would open by June 4.

In an advisory referendum in November 2020, Batavia voters approved the idea of allowing recreational dispensaries in the town, with 63% voting “yes.”

Mayor Jeff Schielke, who once proclaimed he would never allow recreational marijuana sales in Batavia, said he won’t stand in the way.

“The people of Batavia have spoken (via the referendum),” he said. “That’s the way the democratic process works here in Batavia.”

• Shaw Media contributed to this report.