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WILKES-BARRE TWP. — If — and township officials stress it’s a big if — a medical marijuana dispensary has interest in setting up in the township, as of Monday night, there are now local parameters.
The council passed an ordinance allowing dispensaries to come to one of three business districts and one of three mining districts — those zoned B-2 and M-2. The ordinance passed 4-0, since Councilwoman Kati Arnone was ill and did not attend.
The ordinance is “ahead of the curve,” township Solicitor Bruce Phillips said. He previously told the Times Leader the ordinance was being voted on as a proactive measure because of two inquiries made.
“But state zoning laws preempt municipal zoning laws,” Phillips added, noting the state would regulate every step in the process down to how far a dispensary can be set up from a residential home.
Cindy Durzinski, of South Walnut Street, lives in a residential zoned area, but was concerned about the dispensary coming close to her home.
After hearing Durzinski’s concerns and a recommendation from Code Enforcement/Zoning Officer Thomas Zedolik to adjust certain setback requirements in the ordinance, council passed the ordinance with an amendment to have the setback numbers match the numbers already in the code books.
For example, the ordinance’s original language had a setback of not less than 100 feet, with a 25-foot vegetative buffers. But Zedolik said the current ordinance is to have 35 feet of buffer in which an M-2 district abuts a residential district.
Phillips and Renee Faust, council’s secretary, are going to rework the ordinance in the coming days.
Should the state grant a marijuana-related permit to business owners who wanted to open shop in the township, Phillips said anyone, including residents, could appeal the licensure.
“The town has to say whether it’s allowed there or not, but how close to houses (is) controlled by the state,” Phillips said. “But the state laws are tougher than ours.”
There is interest in setting up a medical marijuana growing operation in neighboring Laurel Run, but no one has come forth to indicate they wish to grow medical marijuana in the township. The new ordinance sets parameters for growers as well. They will be allowed in an I-1 or I-2 industrial-zoned area.
According to Councilman John Jablowski Jr., who is the township manager for Tobyhanna Township, the ordinance passed is “close to” the one Tobyhanna Township passed Monday morning.
“We’re in the Poconos, but we had to pass it,” Jablowski said.