City Council

MINUTES OF PLANNING BOARD/BOARD OF ADJUSTMENT OF HIGH BRIDGE BOROUGH Meeting Date: January 24, 2022 - Meeting Time: 7:30 P.M. Meeting Location: Zoom virtual meeting 1. CALL TO ORDER: This is a regular meeting of the Planning/Zoning Board of the Borough of High Bridge. Adequate notice of this meeting has been given in accordance with the Open Public Meetings Act in that a Notice was published in the Star Ledger and the Express Times on, January 6, 2022, and the notice of and agenda for this meeting were posted on the bulletin board in the Borough Hall. 2. FLAG SALUTE: Led by presiding officer. 3. ROLL CALL: Delgado, present; Ferry, present; Giordano, present; Lee, present; Mart, present; Suozzo, present; Yu, present; Musnuff, present; Dhein, present. Also were Planning Board alternates, Coleen Conroy and Leah Epstein, Board Secretary, Barbara Kinsky, Board Attorney Robert Davidow, Board Planner, Darlene Green and 50 members of the public. 4. PUBLIC COMMENTS: It is the policy of the Planning Board/Board of Adjustment that all public comments on an issue shall be limited to three (3) minutes per person and no person may make more than one (1) comment per subject. Comments may be made on any subject pertaining to Board issues. Comments pertaining to Public Hearings should be saved for that section of the agenda. Each person may speak once during a public comments section. No debating between residents. Comments should be addressed to the Chairman and Board members at the public microphone. Doug Walker from Sylvan Road spoke about concerns regarding the Borough not opting out of the cannabis program and does not support Ordinance 2022-003 as consistent with the Borough’s Master Plan. Frank Pumillo from Hillcrest Lane spoke about concerns regarding possible locations of cannabis facilities near a residential area. Paul Kovacsofsky from 66 ValleyView Road spoke about concerns such as odor issues regarding a cannabis cultivation site on 104 West Main Street. Tracy Kovacsofsky from 66 ValleyView Road spoke about concerns regarding the opt out period for cannabis legislation and does not support the decision of the Borough not to opt out. Stacey DiMeo from 1 Hoffman Road does not support Ordinance 2022-003 and spoke about concerns regarding permitting cannabis facilities located near residential areas. Pat Bielcik from Woodland Terrace does not support Ordinance 2022-003 and spoke about concerns regarding the proposed zoning changes and the facility utility consumption for micro-growing facilities. 5. READING AND APPROVAL OF MINUTES: December 20, 2021, and January 10, 2022 Motion to dispense with the reading of the prior meetings minutes: Motion/Second: Musnuff/Giordano Voice vote: 9 yes votes, motion passed. Motion to approve the December 20, 2021, and January 10, 2022, meetings minutes. Motion/Second: Suozzo/Giordano Voice Vote: 9 yes votes, motion passed. 6. PLANNING BOARD NEW BUSINESS: a. Resolution PB-07-2022- Selection of Robert Davidow from Mason Griffin and Pierson as Board Attorney for 2022: Motion/Second: Giordano/Musnuff Delgado, yes; Ferry, yes; Giordano, yes; Lee, yes; Mart, yes; Suozzo, yes; Yu, yes; Musnuff, yes; Dhein, yes. 9 yes votes., motion passed. b. A review of ORDINANCE #2022-003 for consistency with the Master Plan. AN ORDINANCE AMENDING CHAPTER 145 OF THE LAND USE AND DEVELOPMENT CODE OF THE BOROUGH OF HIGH BRIDGE TO PERMIT THE OPERATION OF CLASS 1 CULTIVATOR AND CLASS 5 RETAILER OF CANNABIS BUSINESSES IN CERTAIN ZONES, WITH CONDITIONS WITHIN ITS GEOGRAPHICAL BOUNDARIES, AND AMENDING CHAPTER 365 – TAXATION AND ADDING CHAPTER 137 – CANNABIS OF THE GENERAL CODE OF THE BOROUGH OF HIGH BRIDGE. Questions/comments: Board Planner Darlene Green gave an overview of Ordinance 2022-003. A discussion amongst Board members ensued. Topics discussed were: the prior zoning of the MUC zone, methods of cannabis growth regarding open air versus closed facilities, cannabis odor concerns, status of the existence of an odor ordinance, applicability of “Right to Farm protection”, alternate locations for cannabis cultivation facilities such as in industrial or commercial zones, confirmation that licenses to cultivate or manufacture cannabis would need to be obtained from the State, potential of a 2% revenue from cannabis sales in the Borough, Master Plan Consistency, proximity of cannabis dispensaries to schools/churches, bureaucratic process for obtaining permits for a cultivation center in the Borough, possibility of having a task force to discuss cannabis in the Borough. As suggested by the Board Planner, the Board decided to make two separate motions and take two votes on Ordinance 2022-003. Motion to determine that the dispensary/retail uses as stated on Ordinance 2022-003 are consistent with the Master Plan in the designated DB (downtown business) zone: Motion/Second: Mart/Lee Delgado, no; Ferry, yes; Giordano, no; Lee, yes; Mart, yes; Suozzo, yes; Yu, yes; Musnuff, yes; Dhein, yes. 7 yes votes., 2 no votes, motion passed. Motion to determine that cultivation of cannabis in the designated MUC (Mixed Use Corridor) zone as stated in Ordinance 2022-003 is inconsistent with the Master Plan: Motion/Second: Giordano/ Delgado Delgado, yes; Ferry, yes; Giordano, yes; Lee, no; Mart, yes; Suozzo, no; Yu, no; Musnuff, yes. Dhein, yes. 6 yes votes., 3 no votes, motion passed. Board Member Mart stated post vote his support of inconsistency to the Master Plan is because the cultivation is not proposed in an industrial zone. Attorney Davidow stated that he will draft a Resolution that outlines the Board’s Consistency/Inconsistency Determination. Since the next Planning Board meeting is after the Council meeting, Attorney Davidow will draft a letter to give to Council outlining the Board’s determinations and the comment not supporting consistency is because the cultivation is not proposed in an industrial zone. The resolution will be memorialized at the meeting on February 28, 2022. 7. PUBLIC COMMENTS: It is the policy of the Planning Board/Board of Adjustment that all public comments on an issue shall be limited to 1 minute per person and no person may make more than one (1) comment per subject. Comments may be made on any subject pertaining to Board issues. Comments pertaining to Public Hearings should be saved for that section of the agenda. Each person may speak once during a public comments section. No debating between residents. Comments should be addressed to the Chairman and Board members at the public microphone. Tracy Kovacsofsky of 66 Valley View thanked the Board and spoke about concerns regarding transparency of information to the public regarding the existence of a subcommittee and its members. Paul Kovascofsky of 66 Valley View thanked the Board for their time and for explaining their positions on the Ordinance and spoke about concerns regarding transparency regarding the subcommittee. Cindy Sharkey of 18 Hillcrest Lane thanked the Chairman for acknowledging the amount of public in attendance at the meeting and spoke about having the School Board involved in a task force/committee because High Bridge Schools is a walking district and many students do walk in the MUC zone. Rick Roll of 22 West Main Street spoke about the size of the cannabis facility in Whitehouse being approximately 120,00 square feet versus the 5,000 square feet of 102-4 West Main Street. Chairman Dhein asked if any Board Member had any other business they would like to discuss. Board Member Delgado inquired why no member of the Planning Board was on the subcommittee that is looking at cannabis in the Borough. Mayor Lee replied the subcommittee was focused on the writing of the Ordinance. Board Member Delgado then asked that the following comments be recorded on the public record. He stated that the Board serves a purpose to be the voice and to represent the interests of the town residents as it relates to zoning and the Master Plan and spoke about concerns regarding transparency and reviewing zoning proactively instead of in a crisis mode. Mayor Lee replied that the voice of the people is represented because 68% voted in favor of the legalization of cannabis, stated that she read all the letters from concerned residents regarding odor concerns and she does sympathize with them. 8. ADJOURNMENT: Motion/Second: Musnuff/Mart Voice vote: 9 yes votes, motion passed. Meeting ended at 9:45pm. Next Meeting Date: February 28, 2022 Meeting Location: Zoom virtual meeting Meeting Time: 7:30 P.M.