Cannabis regulations to be modified again

The city’s retail cannabis regulations are up for more changes in an an effort to make the approval process less restrictive, which would have required variances for most properties.

Become a Patron!
For RahwayRising.com’s 15th anniversary, consider a $15 contribution via PayPal or Buy Me a Coffee – or support local news all year round by becoming a monthly Patron.

City Council introduced two ordinances (O-15-23 and O-16-23) at its meeting on March 13 that are scheduled to come up for a public hearing and final approval at its next meeting on April 10. In addition to revising the application process, the legislation would amend existing ordinances to allow for pick up of advance orders via drive-through, reduce the proximity to schools that retail cannabis would be allowed to operate, and change a restriction against abutting residential neighborhoods.

Cannabis regulations were adopted in 2021 and amendments last year permitted retail licenses. The ordinances allow for two licenses of each of the five types of categories to operate within the Light Industrial Zone (I-L), Heavy Industrial Zone (I-H), B-2 Regional Business Zone, and B-3 Highway Business Zone.

Changes included in O-15-23 would allow drive-through cannabis retail within the B-2 Regional Business Zone and B-3 Highway Business Zone while also setting other restrictions. Drive-through would only be for pick up of orders placed in advance and no ordering via the drive-through would be allowed. The other ordinance (O-16-23) revises the application process for obtaining a cannabis license in the city.

The ordinance (O-15-23) stipulates a minimum of eight stacking spaces at least 20 feet per space for a drive-through lane. The drive-through lane  would be set back at least 15 feet from all residential property lines and be screened by a 6-foot solid screen fence or vegetative screen, according to the ordinance.

The proposed amendments also remove a provision that prohibited cannabis business from being located adjacent to a residential zone or zone where a shared side property line. Should it abut a residential use or zone, a minimum 6-foot tall fence and 6-foot deep evergreen planting strip at 7 feet tall would be required.

Proximity to parks, playgrounds would be reduce

The proximity to a park or playground that a cannabis retailer would be allowed to operate would be reduced from 500 feet to 300 feet. The ordinance also eliminates a restriction of cannabis retailers in drug-free zones and excludes youth centers and day care from a 1,000-foot restriction. Cannabis retailers would still be prohibited from locating within 1,000 feet of a school, or property owned or leased by any school.

Interested cannabis business owners expressed concerns about the limited area that retail was permitted, according to Daniel Lee, director of engineering and land use, and sought clarity on the application process.  A review was undertaken to see if there were any areas that could be revised to ensure that cannabis retail zones were “not overly encumbered by zoning or buffer restrictions” and “to provide a clearer application process.”

B-2 and B-3 zones are located along Route 27 and Route 1&9 and nearly all of the properties in those zones have frontage on both the state routes and local roads, in addition to abutting residential properties. “Enforcement of the original ordinance would require variances for most properties, making the approval process restrictive and essentially go against the purpose of adopting the ordinance in the first place,” Lee said via email,  and so the residential abutment requirement was revised.

Barnett Street residents raise concerns

The governing body last month approved a resolution “authorizing municipal support and preference” for Plantabis Dispensary, LLC to receive a Class 5 Cannabis Retail License from the state’s Cannabis Regulatory Commission (CRC) to operate in the city. Plantabis seeks a retail license from the state to operate at 2077 Route 1 and needs support of the city. City Council adopted a similar resolution in December 2021 for two retail operations that never materialized.

Several residents of nearby Barnett Street spoke during the public portion of the March 13 City Council meeting, expressing concerns about the proximity of the cannabis retail facility to their residential neighborhood. Mayor Ray Giacobbe, Jr. explained that if Plantabis is ultimately awarded a license by the state, the entity would still have to gain approval from the Planning Board.

Become a Patron!
For RahwayRising.com’s 15th anniversary, consider a $15 contribution via PayPal or Buy Me a Coffee – or support local news all year round by becoming a monthly Patron.

Facebook Comments

One thought on “Cannabis regulations to be modified again”

Leave a Reply