MAHWAH — The Township Planning Board voted 5-3 that an ordinance proposing to allow a cannabis retail store on Route 17 was inconsistent with its master plan.
The overarching concern was that the proposed location of the store at 231 Route 17 North is within 400 feet of two nursery schools and a house of worship. Also, the proposed location at the Ramapo Avenue exit is within 400 feet of the Mahwah High School campus.
The planning board recommendation was that cannabis retailers be located no closer than 1,000 feet to such facilities.
The council is scheduled to review that recommendation and vote on whether to approve the ordinance and allow the cannabis shop on March 8. If council approves the ordinance, the applicant would still have to return to the Planning Board for approval of its plan, chairman Jeremiah Crean said.
The board held an hour-long debate on its role and responsibilities following 45 minutes of testimony from nine residents opposing retail cannabis sales of any kind.
Voting yes that the ordinance is inconsistent with the master plan were Crean, Mayor James Wysocki, Gary Montroy, Victoria Galow, and Ward Donigian. Voting no were Vice Chair Stephen Lo Iacono, Conrad Olear and Megan Janowski.
Councilman George Ervin abstained. Members Shivi Grewal and Josh Goldstein were absent.
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The proposal to locate a retail cannabis facility on Route 17 was made in December by ADPP Enterprises, which owns the former gas station site. Council deferred a vote until January for further study, then reintroduced the ordinance last month.
The council forwarded the ordinance to the Planning Board to determine if it was consistent or inconsistent with the intent of the master plan. Council is not required to follow the Planning Board’s advice, said board attorney Peter Scandariato.
Ordinance 1959 would amend the township’s zoning code to permit licensing and operation of one retail cannabis business as a conditional use in the B-40 zone at Block 59, Lot 20.01, prohibiting consumption in any cannabis business location.
“If council thinks the ordinance is consistent with the master plan, a majority vote of those present is required,” Scandariato said. “To say it is inconsistent requires a majority of the full council or four votes.”
Marsha Stoltz is a local reporter for NorthJersey.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today.
Email: stoltz@northjersey.com
Twitter: @marsha_stoltz
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