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An application to establish a cannabis dispensary at Demott Lane and Amwell Road, which was rejected in August, was approved on October 16 by the Zoning Board of Adjustment.
The Board granted the applicant, Hound Town 543, a rare reconsideration of its prior decision based on additional information on other dispensaries’ proximity to “sensitive uses” such as schools, and the inability of the applicant to find another location.
Hound Town focused on those two topics because they were brought up by Board members at the August meeting, said John DeLuca, the applicant’s attorney.
The dispensary’s owner, Gary Burnett, told the Board about the difficulty he had in trying to find a location.
“I’ll start with 120 Cedar Grove Lane,” he said. “Probably one of the busiest corners in Franklin Township. This is where your Starbucks is located, on the corner of New Brunswick and Cedar Grove Lane.”
“Several retail locations at this facility,” he said. “The landlord will not rent to cannabis, despite the number of vacancies at that complex.”
“147-153 Pierce, brand new complex, houses Citizen’s Bank, a child care center, a restaurant,” he said. “The landlord will not rent to cannabis due to their mortgage restrictions. Federally, their mortgage will not allow them to rent to cannabis locations, despite the number of retail locations there.”
“Going further to 101 Randolph,” he said. “There happens to be a liquor store and a bar in that complex. It’s fairly new. This is very close to Canal Walk. Very same thing, approach the landlord before the complex was fully occupied, and it was a resounding no, we will not rent to cannabis, despite having space in the complex.”
“Several locations along Route 27, all locations that currently house liquor stores,” Burnett said. “Multiple vacant space within those complexes. The landlords will not rent to cannabis. So it’s clear just based on this subset that I’m presenting today that landlords have an aversion to cannabis for a variety of reasons. But we would think it’s mainly more because of the stigma and the perception of the plant, as opposed to the actual facts.”
“Members of the Board, I’m not asking for a favor, I’m not,” Burnett said. “I’m asking for a fair opportunity to operate a legal, regulated business that brings tangible benefits to this community. I understand that stigma and emotions can cloud perception. We’ve seen it before, it’s happening. But the facts are clear; regulated dispensaries are safe.”
“They bring jobs and revenues,” he said. “They operate with transparency and accountability. I’m ready to be that kind of responsible neighbor. And approving this variance sends a powerful message that this community values both economic inclusion and evidence-based decision-making over outdated fears.”
Eduard Lanetskiy, who said he has worked in regulated industries for 20 years, and in the cannabis industry since 2017, pointed out for the Board the various places were existing cannabis dispensaries are located close to the so-called “sensitive uses” such as schools and houses of worship.
“The Dispensary of Somerset … you will note that the lots where they’re located on are near 200 feet away from each other, and door-to-door from the dispensary to the school is 440 feet door-to-door approximate,” he said.
“If you continue to move to Citi Roots Dispensary, they share a parking lot with a church, and they’re 100 feet door-to-door,” he said. “Herb’s Dispensary is approximately 800 feet from New Brunswick High School and 200 feet from a church.”
“Green Knight Dispensary is less than 550 feet door-to-door from the Franklin Township Youth Center and is right next to a church, right on the other corner,” Lanetskiy said. “Timber 5 is less than 200 feet from a daycare center, 300 feet from a church, and Theo Cannabis is across the street from a preschool, and less than 300 feet from Six Mile Run Reformed Church.”
“So, as you can see, there are other existing dispensaries that are within relatively close proximity, what you would maybe call from what is a perceived sensitive use, and the reason they’re there is because, based on Franklin Township ordinance, that is permissible, and mind you, also, they’re operating because the state also gave them the license,” he said.
Hound Town needed a Use Variance to be located in the targeted spot because the building – which also houses a bicycle repair shop, a deli and two upper floor apartments, is in a residential zone.
But, as DeLuca noted, that area has been retail for about 100 years.
“The applicant has shown good faith in exploring alternative sites, and for the reasons stated by Mr. Burnett, those sites were unavailable to the applicant,” he said. “Through the testimony of Mr. Lanetskiy, the applicant has demonstrated that other dispensaries in Franklin Township operate closer to schools, closer to houses of worship than this site, and has proven that the subject property is uniquely suited for this proposed use.”
“The law governing this application is clear,” DeLuca said. “The legislature of the state and the legislature that is the Township Council have chosen not to impose any proximity restrictions on cannabis retail dispensaries. For this board to impose such a restriction would substitute its own laws for existing laws, something that a quasi-judicial body ought not do.”
“We emphasize that this board’s role is a quasi-judicial body, it’s not a legislative body,” he said. “Your duty is to evaluate the facts and apply those facts to the existing laws, state statutes, local ordinances, and controlling case law. To deny an application based on standards that are not found in the law would be unjust and unfair to this applicant.”
Board members Cheryl Bethea, Richard Procanik, Alan Rich, Gary Rosenthal, Board vice-chairman Robert Shepard, and Board chairman Robert Thomas voted “yes.” Board member Vaseem Firdaus cast the lone “no” vote.
Prior to hearing testimony and voting, the Board heard limited testimony on why it should reconsider its prior rejection.
Burnett will have to return to the Board with his plan for signage.
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