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DRB upholds notice of violation for outdoor cannabis cultivation at 8 Taft Street
Summary
After a lengthy hearing with multiple neighbors and the zoning administrator, the Development Review Board unanimously upheld a notice of violation finding outdoor cannabis cultivation at 8 Taft Street is prohibited in the R‑1 district; the board cited recent court decisions, code language, and annual licensing requirements
The Essex Junction Development Review Board on Sept. 18 unanimously upheld a notice of violation (NOV) issued to property owner Jason Struthers for outdoor cannabis cultivation at 8 Taft Street, concluding the activity is prohibited in the city’s R‑1 residential zoning district.
The board heard staff, the property owner and multiple neighbors before voting to uphold the NOV. Chris Yoon, community development director and zoning administrator for the city, who issued the NOV, summarized the basis for enforcement: the Land Development Code prohibits agriculture in the R‑1 district and, in his view, cannabis cultivation falls within that prohibition; furthermore, recent Vermont Supreme Court and Superior Court rulings and annual licensing rules reinforce that cultivators must comply with local regulations.
“I issued the notice of violation because the plain language of the regulations prohibits cannabis cultivation in the zoning district,” Chris Yoon told the board, pointing to LDC…
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