Minutes July 26, 2023

 

VERNON TOWNSHIP LAND USE BOARD

REGULAR MEETING MINUTES

July 26, 2023

 

 

Call to Order

Meeting was called to order by Chairman Theobald at 6:00 p.m.

 

Statement of Compliance:

Pursuant to the Open Public Meetings Act, adequate notice of this Regular Meeting has been provided to the public and the press on January 17, 2023, by delivering to the press such notice and posting same at the Municipal Building.

Salute to the Flag

Chairman Theobald led the assemblage of the Flag.

 

Roll Call

Also Present:

Mayor’s Designee John Auberger	NP
Craig Williams	P
Councilmember Joseph Tadrick	NP
Martin Theobald	P
Richard Spoerl	P
Willard McPeek	P
Andrea Cocula	P
Michael Whitaker	P

Jacqueline Haley	P
Kelly Mitchell Alternate #1	P
Mark Heftler   Alternate #2	P
Paul Mele Alternate #3	P
Mark Vizzini Alternate #4	NP

Glenn Kienz, Board Attorney

Thomas Knutelsky, Board Engineer

Jessica Caldwell, Board Planner

Kimberley Decker, Board Secretary

          

Chairman Theobald stated that Mr. Auberger and Mr. Tadrick informed the Board of their absence

Public Hearings

 

LU# 2-23-4 – Sussex Cultivation, LLC – Block 153, Lot 43, & Block 168, Lots 2, 3 & 4 Preliminary & Final Major Site Plan for the construction of a Greenhouse, Eighteen (18) Cultivation/Support Pods, one Utility Shed, and related site improvements for a Cannabis Cultivation Facility

 

Chairman Theobald read Title of Application and stated hearing is being continued from meeting of June 28, 2023.

Joshua Koodray, Attorney from firm of Sills Cummis Gross, came forward for Applicant and noted this is a continued hearing which began on June 28, 2023 and he is filling in for Attorney Frank Vitolo. He stated applicant is requesting approval for Preliminary and Final Site Plan approval with variances and waivers to construct a Cannabis Cultivation business in an R2 zone with all necessary permits. At the last meeting, Board professionals requested more information which will be presented tonight to address all concerns.

Brief recess of five minutes due to technical difficulty of room speakers.

David Clark, Eng. came forward on behalf of applicant still under oath from first hearing presented Exhibit named Design of Sussex Cultivation Site Plan Aerial Rendering. He stated exhibit shows rendering of greenhouse, 18 pods, electrical facility, driveway, utility shed, and generator. Plan shows water conservation efforts to lower usage by collecting rainwater runoff to use for site irrigation for two to three seasons a year. Fencing will be installed at 4’ height around pods and 8’ fencing around perimeter of site to prevent animals or trespassers. Lighting will be enough to keep site secure but then turned off at end of business day, with only motion activated after hours. The Landscaping of the site will include 15 white pine trees at 7-8 ft in height, and NJ native red maples used for screening. Final Landscaping plan can be subject to approval by Township Engineer.

Mr. Clark presented visual rendering of views from all locations surrounding site including Panorama Drive, Winding Hill Rd, Oak Street, and Hunter Ridge Road and noted all views are unable to see site through tree cover. He added the site parking spots will have curb stops with exception of handicap and ADA paved areas. Based on review of construction code, the pods do not need sprinklers installed.

Mr. Clark explained that Phase I will install first nine pods for operations; brushed shale driveway, lighting, security gate, limited stormwater basin, temporary restroom trailer, dumpster and permanently installed temporary fence. Scheduling and timeline of Phase I will rely on receipt of all needed permits to start construction but will last four weeks. Phase II completion is anticipated at twenty weeks. The proposed 2’ x 2’ street sign will be installed at beginning for ease of construction deliveries. There will be one roof installed over the 18 pods framed with wood and roof of corrugated metal. The roof will be designed to collect rain into 500-gallon tank for stormwater controls. The twenty-five fans on site will comply with noise ordinance but generator will need slight redesign to comply which is ongoing. The generator has a 2170-gallon belly tank, specifications and cut sheet are included in application.  

Mr. Clark explained the water usage chart for the facility which uses 6600 gallons/day based on average daily volumes between the septic system and wastewater. The utilities use 1000 gallons which are recirculated back into irrigation system. The rain barrel from the roof runoff in not part of the irrigation system. Stormwater and water usage will be subject to the Township Engineer and Highland Council approvals and owner is looking at other options to reduce the wastewater deficit.

Ms. Caldwell questioned if proposed trees near entrance of facility can be moved up due to the grading which Mr. Clark agreed to adjust as condition of approval. Question that views taken were during full foliage and is existing tree line adequate for screening site from adjacent property owners. Mr. Clark stated the intention is to add evergreen to block views but noted the landscaping plan is adequate. Question if surface of roadway is adequate for all Emergency vehicles to access site. Mr. Clark stated the brushed shale is adequate enough for EMS vehicles and letter was sent to Pochuck Fire Department for review, but no response was yet received but EMS review can be condition of approval.

Board Members questioned if the accessory pods are permitted and if site is one single use. Hearing of June 28, 2023 determined pods are an accessory to the one use of cannabis cultivation which is permitted in the zone. Board members noted that the construction pods with modified doors must be permitted and meet all building codes including snow loads. Mr. Williams referenced the 2016 Highland Council report of new water availability in site area and expressed concern about the depleting negativity from the proposed business. Ms. Caldwell read portion of letter from Highland Council dated June 27, 2023 that applicant must have Water Use Plan and Mr. Clark stated applicant is continually working to alleviate the 1500-gallon deficit.

Mr. Williams stated views taken from nearby roadways were taken at ground level and noted most houses are two stories with views over the tree line making site more visible. He questioned does the 2170-gallon generator have fire protection. Mr. Clark stated the double wall tank and enclosure will add fire protection as well as sound barrier. Board questioned if any sight lights will be on at night. Mr. Clark stated intention is that no lights will be seen at night.

Miles Perryman was sworn in to testify on behalf of application detailing operations. He was employed in management sales industry for 18 years, then worked in Oregon as organic farmer dealing with medical market, regulatory bodies, and greenhouse cannabis sales. Board accepted witness to testify. As Director of Cultivation for applicant, Mr. Perryman explained best strategy is to respect the community while building, planning to produce expectations. The proposed shipping containers are moisture and pet resistant, usable in many industries and economical to users. He noted the applicant holds a 30,000 sq ft canopy cannabis license of which only 16,000 is being proposed in application.

In Phase I, nine pods will be installed of which one will be for genetic planning and propagation, to cultivate various plants to see which strains work best in the location. Four of the pods will be for flower cultivation and other four will be for security, drying, restroom and trimming. Each of the pods will have vital roles for the greenhouse operation. Mr. Perryman explains the importance of genetic selection as the market will determine what types of cannabis should be grown. He describes stages of plants from seedlings to cuttings to trimming then harvesting of mature plants to ultimately sales for revenue and community received tax. The water storage pods are a major infrastructure piece to begin process for correct water temperature and irrigation. He added the storage of products are closely monitored by numerous cameras which will meet and exceed Cannabis Regulatory Commission (CRC) statutory requirements.

Mr. Perryman noted the cultivation process begins with seeds purchased from an authorized company, planted in trays, then propagated until desired height then transplanted to stimulate flower growth. Curing process takes 7-14 days, then when dry, buds are trimmed (bucked) and moved to storage. Plants will be in multiple stages of growth throughout facility and all plants are moved in covered carts for security reasons. He noted all operations of plant management are tracked in the ERM system every time a movement takes place per metric standards in CRC regulations. It is a long process from seed to end result. After greenhouse is built, pods will change to research and development for “mom” plants to continue clone production of ideal varieties.

The proposed irrigation system is very efficient per standards and can be monitored closely onsite or satellite location by phone or pc. System is high tech not scientific and is always gauging the exact amount of water the plants need, limiting excess.  The key to greenhouse production is a very controlled environment to minimize runoff, put condensation back into recovery system and be cognizant of changes.

Mr. Perryman addressed concerns of light mitigation for project. He stated there will be zero light coming from the greenhouse as it adversely affects the plant health and product. The greenhouse will have automatic curtains to shield plants from any incoming light manufactured by industry professional, Wadsworth Curtain Co. and light sensors to monitor area. While being good for business, zero light is good for the community.

He continued to describe the state-of-the-art carbon filtration system used during pod production for odor mitigation. System will have maintenance plan with timely filter replacement schedule. The greenhouse system called AIRROS uses reactive oxygen to clean plants of mold & mildew but noted is double edged as it kills odors and eliminates pathogens. He added from visiting in Michigan farm where system was present, no odor was detected. He stated the true testimony is the system is more than adequate and applicant’s goal is to be a good steward of the land and neighbors and to respect the community 1000%.   Secondly the greenhouse will have a fogging system to add to exhaust. Third, if needed the project will add odor eliminating plants to needed areas to absorb any odors and monitor using nasal system. He stated the project will meet all state guidelines to discard of all green waste off site to licensed facility. If needed, ladybugs will be released in greenhouse in place of pesticides to get the best and cleanest product. All inventory will be evaluated and tracked through all stages of cultivation per CRC regulations and the state CRC has already approved the Standard Operating Procedure (SOP) for the project.

The AIRROS automated filtration system circulates internal air, monitoring temperature throughout greenhouse. Board requested condition of resolution to supply System Operation Plan to file. Board noted concerns that should odor complaints be presented; further testing of operation be done by applicant. Board Engineer stated system is very encouraging and an important piece of the project. Mr. Perryman added Nasal Ranger system is not retrofit, it is confidence built. Ms. Caldwell added that based on complaint generation, at least once a year, an annual inspection at option of municipality should be planned. Applicant accepted. Board members discussed and approved odor reporting to be submitted to Township monthly to address complaints as well as annually by Health Department as condition.

Mr. Perryman stated pods will be heated by propane per building code requirements. Board questioned why applicant chose to use pods. Mr. Perryman stated decision to use install pods was ownership business decision. Board Engineer questioned further information about curtains, pods. Mr. Perryman stated the curtains are flame retardant and on U-channel with overlap and will be replaced when needed. He added the high pressure in the steel pods is always filtrating keeping inside cool retaining the insulated value. There will be no external light coming from the greenhouse nor the pods, only from security lights. Website provided to Board for curtain manufacturer: Light Deprivation | Wadsworth Controls.

Mr. Heftler questioned the environmental needs and concerns of water conservation for this proposal. Mr. Perryman explained water usage is different in all stages of growth and conducive to environment. He added applicant is continually investigating water usage and exploring any opportunities to generate less waste by vetting other systems.

Board asked how long it will be before product leaves the site. Mr. Perryman stated exact time is hard to answer at this time, but seed takes 7-21 days to harvest, then trimmed, dried, and packaged.

Chairman Theobald closed meeting for brief recess at 7:43pm. Meeting reopened at 7:48pm. He announced after all testimony for hearing is presented, public will have chance to comment on application.

Steven Olympio was sworn in to testify for applicant and stated he is retired 28-yr police officer, School Security officer, owner of Private Investigation agency, trained in active shooter and lethal weapons and hired by multiple cannabis companies to draft Standard Operating Procedure/Security policies. Board accepted him as qualified witness in security for cannabis cultivation.

Mr. Olympio noted the security plan for the application can be provided to the Township officials but not viewable by the public. Attorney Kienz understands the importance of keeping plan secure and advises testimony to be generalized but noted Township police department may need plan if application is approved. Per exhibit A4, Mr. Olympio stated driveway contains sensors and cameras to regulate flow of vehicles with pullover spots to allow passing lanes. Daily there are maximum fifteen employees on site with deliveries by trucks on scheduled basis to control flow.

Referring to exhibit A5, site rendering dated 7/25/23 shows booth operators monitoring active cameras, totaling up to 100 throughout the site. The perimeter will have an eight (8) foot fence to prevent any animal or human intruders. Light poles installed with motion lights will be 5 high with sensors at 4 ft to prevent light from animal movement. Security plan is proactive, being monitored 24 x 7 by certified licensed retired police officer or state police with 15-minute on-call arrival. Pods are lined closely together to minimize places to hide with Exhibit A6 depicting camera locations to control visuals. Trees were purposely not planted next to fence to avoid anyone climbing over to enter premises. Mr. Olympio stressed the curtains will prevent any light from the greenhouse and motion lights are limited to specific areas.

Mr. Olympio stated the SOP for transportation is state of the art and is regulated by the CRC showing tracking from facility to van with notification to every town entering to be prepared for any bad element. From SOP, Mr. Olympio read statement on strict personnel hiring- firing, background checks, employee ID cards and data storage capabilities for business. Business will follow all OSHA and CRC regulations with thorough training for all employees including drills for fire, lockdown, riot, bomb, and active shooter scenarios. Mr. Olympio emphasized the importance of keeping employees, neighbors, and police officers safe should an emergency arise.

The cannabis is securely stored in level 3 DEA cages within the steel pods.

Mr. Olympio explained the site will have underground utilities with hardwire and WIFI use. The greenhouse will have a backup generator with backup system for security so site can be monitored remotely by Vernon Police and the State. Off-duty officers will be hired for part-time security as backups. Problems have occurred in other areas with retail cannabis like Paterson with large cash drops daily, but Vernon will not have sales daily or large cash amounts.

Board members questioned traffic flow plan. Mr. Olympio explained there will be employee staged on both ends, communicating by radio, and noted that all deliveries are planned in advance to avoid any issue. Mr. Olympio stated his title is Director of Security and is regulated by the state CRC and hopes to be full-time with applicant.

Kate Keller, Professional Planner since 2015 with Phillips, Preiss et al, LLC, was accepted by Board and sworn in to testify for applicant. She noted applicant is seeking variance of fence height of 8’ where 6’ is permitted; variance for more than two accessory structures with excess sq footage and planning variance per 4055D:35-36 because site does not abut existing street due to being landlocked with access by driveway easement.

Ms. Keller stated the proposed driveway plan is sufficient for fire and ambulance vehicles to access entire site to protect the health and safety of the public. She stated a letter was written to the Pochuck Fire Department to address driveway size, but no response has yet been received.

The design waivers requested are a function of nature of site being a secure facility not open to the public. Applicant is requesting relief for required number of parking spaces from 64 to 21 as operation is small with only 15 employees and no visitors entering. Relief from required landscaping is requested as site is not open to public and does not need to be visibly aesthetic. Number of lights proposed is adequate for operation but lower than ordinance which requires waiver. There is no loading area proposed as site traffic is controlled by operations. The applicant is proposing a crushed shale driveway, not asphalt since operation is not open to public and to minimize impervious coverage.

Ms. Keller explained the Township Council and Planning Board approved by ordinance cannabis cultivation as a permitted use in the R2 zone. The minor deviations requested effectuate the permitted use and applicant has taken measures to control and secure the use. She added the proposed site is in a remote location with minimal visual impact and no negative conditions affecting the public good. Ms. Keller stated applicant has presented testimony to support the requested variances and waivers to be granted.

Ms. Caldwell stated the presence of a ground sign in the R2 zone will require a bulk variance. Ms. Keller responded that applicant is proposing a modest directional sign for wayfinding of site and variance will be needed. Ms. Caldwell noted the greenhouse and 18-pod connected structure proposed will act as one use and will have small impact on the large lot. She noted the Board must determine if proposal benefits outweigh the detriments, is plan a better planning option for site and how application benefits the public overall. Board Members had no more questions for Ms. Keller.

Chairman Theobald opened the hearing to the Public.

Sally Rinker was sworn in and commented that the Township Council did not take the advice of the Land Use Board when it approved the use in a residential zone and noted the importance to vet every issue as a precedent will be set. She added no height of trees will prevent the view for some of the nearby residences due to the topography. She commented the pods or c-containers are not allowed in residential zones and questioned if the Board can grant a variance for more than two if they are not allowed at all. She opined that one building in place of the containers may improve the view for the public. Ms. Rinker stated the Board needs to consider the benefit to the town but also the trade of aesthetics, value of zoning, and bypassing laws in place to benefit the applicant’s economy.

Mr. Mele added that per new building codes, c- containers can be assessed for taxes as permanent structures.

Peg Distasi was sworn in and commented as resident only one mile from site is concerned with the water usage from site and how it will affect private residential wells and aquifer. She recommended applicant use potable water for business.

Charles Peck, resident of Hunter Ridge was sworn in and commented the applicant conceptually took extraordinary measures for the facility and security plan but noted concern that business may draw criminal activity near neighborhoods in an R2 zone. He stated RT 565 is a very busy area especially during rush hour and believes a traffic study is warranted for the application. He questioned whether wetlands and Highlands approvals were obtained before moving any further as well as DEP regulations for treating wastewater. Mr. Peck noted concern that the fogging system for odor control is contingent over willingness by owner to keep it maintained. He questioned the Board that should a gold metal plating facility be proposed, would the Board consider it in a R2 zone and recommended only areas in town.

Ann Larsen was sworn in and agreed with concerns stated previously. She emphasized concerns that site is near Vernon High School with RT 565 traveled by many high school students daily. Ms. Larsen stated the water usage will negatively affect the aquifer and neighbor investments. She opined the Council was short sided and did not consider the ramifications. She added the Vernon Police Department has enough to do on a daily basis than to add this.

Kathleen Geary, resident within 200 ft of site, was sworn in and noted testimony is terrifying because of 100 security cameras, guns, 8’ ft fencing and questioned whether neighbors will be visibly affected by being filmed. She noted negativity to resident’s investments and questioned if nearby wells run dry, will the applicant pay for repairs. Ms. Geary asked if fertilizers will be drained to the aquifer and will smell of fogging system radiate to the neighborhoods. She questioned if the monthly alarms, bomb scares or fire drills be heard by residents. Also, when the Vernon Police is hired, will Township equipment be used for this operation.

John Dayon, resident of 35 years, was sworn in and commented this proposed operation is bringing drugs and a criminal element to our town. He questioned if the finished product will then be transported to site on Maple Grange Road for processing. Mr. Dayon is very concerned with application and does not want Vernon to compromise values for some extra cash.

Eileen Lewis, resident of 7 years, was sworn in and commented that towns work with companies that come to town to improve the economy but decades later many are abandoned. She noted the Land Use Board recommended this not to be in a residential zone, but it was passed by council. Ms. Lewis stated the use of ladybugs will trigger the alarm systems in error and noted concern of a propane emergency affecting the area. Ms. Lewis highlighted that tourists come to Vernon for the beauty, fresh air, views, and the amount of dollars received by Vernon will not be worth the burden of this operation. She stated there are too many waivers from the Master Plan and emphasized that people have the power to vote no.

Seeing no one further wishing to come forward, Chairman Theobald closed the hearing to the Public.

Chairman Theobald closed the meeting for a brief 5-minute recess at 9:19 pm. Metting was reopened at 9:24 pm.

Frank Vitolo, Attorney for applicant, thanked the public for their opinions as cannabis is a love/hate relationship. He explained cannabis is a permitted use and highlighted that the clients are a family Class A operation, who spent an extraordinary amount of time and preparation for this operation and security plan. Mr. Olympio is a well-qualified and experienced Security professional and will be an asset to this operation. Mr. Vitolo recommended all concerned residents to contact him should they have any questions on the application.

Mr. Vitolo explained that while the pods are customized and reconditioned with no rust, the applicant will work with the Township Engineer and Planner to find ways to improve the appearance of the pods if needed. As an agricultural operation, owner will agree to all conditions placed on record and will work to be good members of the community while working to be a successful business. The waivers and variances requested are minor in nature and applicant will work to minimize if at all possible.

Board questioned if applicant started construction prior to approvals being received. Mr. Vitolo stated there was a misunderstanding between Township and applicant, but issue was cleared up.

Hearing reopened for further testimony. Mr. Perryman testified the applicant chose to use the pods because they are well insulated, efficient, economic, and sustainable. Referring to aerial drone footage presented, after roof is built, pods will look like a single structure.

Board Members have no further questions.

Attorney Kienz stated application is for a preliminary and final site plan approval with variance and waiver relief.

Motion: 

Motion to approve preliminary and final site plan approval with variance and waiver relief subject to Board Professional reports and testimony presented at hearings with conditions of outside agency approvals before construction was made by Mr. Spoerl and was seconded by Mr. Whitaker.

ROLL CALL: WILLIAMS: N; SPOERL: Y; MCPEEK: N; COCULA: N; WHITAKER: Y; HALEY: N; MITCHELL: N; HEFTLER: Y; THEOBALD: Y.

Motion Failed.

Public Participation

 

Chairman Theobald opened the meeting to the Public.

Peg Distasi thanked the Board for the thorough discussion.

Seeing no one further wishing to come forward, Chairman Theobald closed the meeting to the Public.

 

Resolutions

 

LU# 5-23-6 – Route 94, LLC – 634, Lot 2 & 3 – Preliminary Site Plan for the Construction of a Brewpub, Event Hall, Inn, and related site improvements

Eligible to vote: McPeek, Cocula, Whitaker, Haley, Mitchell, Heftler, Mele, Vizzini, Spoerl

 

Land Use Board Secretary stated Resolution was not yet completed and will be added to the next meeting for action.

 

Minutes

 

Ø  July 12, 2023 – Regular Meeting Minutes (Auberger, Cocula, Haley, Mele, Theobald)

 

Motion: Motion to Approve Minutes for July 12, 2023 was made by Ms. Cocula and seconded by Mr. Mele. All eligible Members were in Favor.

Motion Passed.

 

Appendix A – escrows, board fees, bond reductions and escrow closure

 

   escrows, board fees and bond reductions

 

A.         Board Fees

 

1.           Board Attorney – Glenn Kienz, Weiner Law Group LLP

Ø  Land Use Board Business – Services Through 6/29/23 ($1,302.00)

Ø  FW Webb, LLC – LU# 2-23-2 – Services Through 6/7/23 ($204.00)

Ø  Sussex Cultivation LLC – LU# 2-23-4 – Services Through 6/28/23 ($617.50)

Ø  Sean Mangan – LU# 4-23-5 – Services Through 6/2/23 ($357.00)

Ø  Route 94, LLC – LU# 5-23-6 – Services Through 6/28/23 ($328.50)

Ø  Snowshoe Homes, LLC – LU# 3-21-3 – Services Through 6/16/23 ($498.50)

Ø  Phil Huling – LU# 6-23-9 – Services Through 6/19/23 ($45.00)

2.      Board Planner – Jessica Caldwell, J. Caldwell & Associates

Ø  Land Use Board Business – Services Through 6/28/23 ($585.00)

Ø  Route 94 LLC – LU# 5-23-6 – Services Through 6/19/23 ($1,950.00)

Ø  Dean Anthony LLC – LU# 5-23-8 – Services Through 6/6/23 ($937.50)

Ø  Sussex Cultivation LLC – LU# 2-23-4 – Services Through 6/28/23 ($1,605.00)

3.   Board Engineer – Cory Stoner, Harold E. Pellow & Associates

Ø Land Use Board Business – Services Through 5/24/23 ($103.50)

Ø Route 94, LLC – LU# 5-23-6 – Services Through 5/18/23 ($138.00)

Ø Minerals Resort – LU# 1-23-1 – Services Through 5/19/23 ($69.00)

Ø  Sussex Cultivation LLC – LU# 2-23-4 – Services Through 5/3/23 ($1,095.00)

Ø  FW Webb, LLC – LU# 2-23-2 – Services Through 6/1/23 ($750.00)

Ø  Sean Mangan – LU# 4-23-5 – Services Through 5/19/23 ($674.25)

Ø Route 94, LLC – LU# 5-23-6 – Services Through 5/24/23 ($138.00)

4.      Board Recording Secretary – Irene Mills ($75.00)

Motion: Motion to Approve Fees was made by Ms. Cocula and seconded by Mr. Spoerl. All Members were in Favor.

Motion Passed.

Adjournment

There being no further items of business to be conducted on the agenda, a motion was made by Ms. Cocula and was seconded by Mr. Williams. All Members were in favor.

Meeting was adjourned at 9:35 pm.

Respectfully Submitted                        

Irene Mills, Recording Secretary