NORTH CAPE MAY – A Herald reader called and asked why the new retail cannabis store in Lower Township is, he claimed, in violation of the township’s ordinance restricting cannabis sales within 300 feet of a residential structure or a school.
The caller referred to a recent Herald article that said Sea & Leaf LLC had received a state license as a retail cannabis facility. He said the site of the store in the North Cape May Shopping Center is probably 250 to 260 feet from residential structures and what he described as an early education center.
The ordinance says the cannabis facility must not be less than 300 feet from a school, as well as playgrounds, recreation facilities, libraries, public recreational facilities, or residential structures, but the early education center is not considered a school, per the Lower Township Clerk’s Office.
The center, also located in the same shopping center, advertises day care and after-school care, while providing “A Great Curriculum for Infants, Toddlers, PreSchool & Before/After Care.”
“The township is violating its own ordinance,” the caller claimed.
Township Manager Mike Laffey and Attorney Robert Belasco said the distance restrictions for this site were eliminated when the area was designated an overlay zone, which is an area within a zone that’s designated for specific purposes. Laffey said the cannabis distribution business, according to Section 400-111 of the municipal code, is a permitted use in the overlay zone.
In addition, Laffey said, while the store would be 276 feet from a residential property, the decision was made to locate the facility in a strip mall because of the available parking, and it would be more generally away from a residential area.
Contact the author, Christopher South, at csouth@cmcherald.com or 609-886-8600, ext. 128.
