August 2, 2023 Regular Meeting Minutes

Secondly, there be a condition whereby licensed cannabis entities, except one that's defined as a pre-approved one that you know under certain criteria, will not be allowed to operate within 500 feet of a House of worships property line. It also clarifies the parking requirements for these entities and provides a reference to the township municipal code’s various provisions with regard to signage for commercial cannabis entities. The master plan adopted in 2019 by the planning board document regarding making changes to zoning to allow for various types of uses including potentially medical cannabis, recreational production and sales. One suggestion made by Mr. Grygiel is that the board recommends that a pre-approved entity, which is only within the upfront licensing sections, be added to the land use regulations ordinance. BOARD QUESTIONS Mayor McCartney asked, compared to other municipalities, is 500 feet a total range. Mr. Grygiel said that there's a range from no restrictions to 500 and 1000feet range throughout the state of New Jersey. Chairman Bagoff asked how park and recreational facilities are affected if they are not part of a church or school. Council president Williams said that parks have a no smoking ordinance whether it be cannabis, cigarette smoking, etc. The council did deliberate on many occasions and opine on the distance, and what they were able to request from the legal department was a map overlay that only extended 200 feet to ensure and that we would not create a functional obsolete ordinance. Mr. Guarino asked if the already approved sites can operate even if they are not within the new zoning. Ms. McGovern said that in general, with respect to the cannabis state statute, once an entity has been approved, they are technically grandfathered in, so ifa school is built or comes to pass within this distance that entity continues to have the right to operate. Chairman Bagoff asked if the approval letter has a time limit. Council president Williams said that there are no time limitations. Chairman Bagoff asked how the Township council came up with the parking calculations. Council president Williams said that the council members use what the basic calculation is for a business with a similar use. Chairman Bagoff asked if a cannabis site is within the borders of West Orange and 500 feet from the school or House of worship in West

what the basic calculation is for a business with a similar use. Chairman Bagoff asked if a cannabis site is within the borders of West Orange and 500 feet from the school or House of worship in West Orange, what if it's 75 feet from a school or House of worship -in a neighboring town, do they take them into consideration. Council president Williams said that a situation did occur with one of the entities located on South Valley Road. She said that it is close to a school in the neighboring town of Orange and that was a concern again with the extension from the 200 feet to 500 so, it's not going to be consistent. Chairman Bagoff asked if the entities can only be in the zone that they were approved. Council president Williams answer in the affirmative; she said that the cannabis entities are only approved in B1, B2 and I zone. Chairman asked if it is possible to add to the ordinance that no cannabis smoking is allowed in town sponsored events. Council president Williams said that they have a no smoking ordinance at the schools, parks and facilities that already exist. However, there are some limitations with enforcement from the attorney general's office. Mr. Klein asked if people are allowed to smoke in public. Council president Williams said that you're supposed to smoke it at your property,but police don't enforce it.