The Jersey City Planning Board approved two West Side Avenue cannabis dispensaries at last night’s meeting despite potential ordinance changes and issues related to the proximity of other marijuana businesses.
By Daniel Ulloa/Hudson County View
Prior to new business, Patrick Stamato was sworn in as a commissioner. He is the husband of Jersey City Democratic Organization (HCDO) Chair and Democratic Assembly nominee of the 31st Legislative District Barbara Stamato.
He has previously worked at the director for the city’s Department of Public Works and is now employed by the Municipal Utilities Authority.
Shortly thereafter, Commissioner Dr. Vidya Desai questioned why they were moving forward with cannabis dispensaries despite potential cannabis ordinance changes or the horizon.
Planning Board Secretary Cameron Black said the cannabis dispensary owners want to proceed any way.
“We still have cannabis dispensaries moving forward because they think it would be more timely to go through this process than wait,” he noted.
“The board has to hear applications. Until there’s a second reading, they’re not enacted,” Board Counsel Santo Alampi explained.
“Is that ordinance in place yet?” Board Chair Christopher Langston asked, to which Alampi replied they would probably be voted on at the next city council meeting.
The Legacy to Lifted, LLC cannabis dispensary was up first, seeking to open at 490 West Side Ave. The New Jersey Cannabis Regulatory Commission (NJ-CRC) approved them in October.
Owner Chris Broderick has been concerned about the Jersey City cannabis licensing process changing following the approval of a six-month moratorium in April.
Legacy to Lifted was approved by the Jersey City Cannabis Control Board (CCB) in December. It would be a microbusiness dispensary.
Their attorney, Dante Alfieri, said they’d be on the first floor.
“We are not proposing exterior renovations,” he noted, though Alampi replied that there were concerns about them being 600 feet away from another cannabis business.
“The existing building is retail. It is below a residence. The residential unit has a separate entrance,” stated architect Greg Korn.
Planning Board Chair Christopher Langston asked if they were complying with the signage ordinance, to which Korn said they did since it’s under 20 square feet.
“Are you aware of any cannabis locations in the distance of your applicant’s property?” Langston later asked as well.
“There weren’t any,” Korn said.
“We’ll double-check with Francisco,” Langston stated.
Planner Francisco Espinoza explained that the application is a microbusiness that does not recommend existing or concurring applications within 600 feet, therefore approval was recommended.
The Jersey City Planning Board approved it unanimously (6-0).
Hamm & Chaz, LLC cannabis dispensary at 747 West Side Ave. was next. They sponsored a cannabis crime expungement clinic last year at the Cannademix academic cannabis conference at Hudson County Community College.
The NJ-CRC approved them last October as well.
“Where are you in the process?” Alampi asked.
“We were approved by the cannabis control board. We sought an end around this planning board process with the understanding this is all changing and won’t be necessary next month,” Hamm and Chaz attorney Duncan Delano noted.
He said their application before the planning board has been delayed for several months and cost his client money.
“That’s my understanding as well, which may or may not happen,” Alampi said.
“Agreed. We’re mainly concerned about distance,” Langston replied.
Architect Shawn Fisher then explained their layout, noting that they will occupy the first floor and will require a complete gutting before opening.
“You mentioned an outside covered storage area. What’s going to be stored there?” Langston asked.
“Janitorial supplies,” Fisher responded.
“Your HVAC plan, I saw venting that goes out through the roof, I believe. Is there any venting in the vault? Is there any odor mitigation?” Langston asked, to which Fisher said they’d use carbon filters to address smell.
Langston also brought up concerns about the layout of the proposed signs.
“The rendering does look like it goes beyond what currently exists. That could be an issue,” Espinoza replied.
“Is that size sign allowed?” Langston asked.
Espinoza said the drawing with the measures would be ok, though Langston said that would create a sign deviation, which would require another board hearing.
After a short and civil back and forth, Delano said they would be wiling to remove the graffiti panels since they weren’t intending to seek another waiver.
“I don’t want to lay this on the board either. I want to know what the ordinance says,” Langston said.
Espinoza reiterated that a ground floor retail store is permitted to have 20 square foot sign and Alampi thought the awning could be part of the sign.
“I would love to see a design there. But to me, if it has branding on it, it’s part of the commercial sign,” Langston explained, to which Delano suggested that they can just move the art inside.
They theoretically could also have a problem since the owners’ caricatures depicted on the sign might be seen as mascots appealing to children, which would violate the New Jersey adult use cannabis law CREAMMA.
Commissioner David Cruz noted he had been to the location and it would share a wall with the White Lotus Dispensary, located at 749 West Side Ave.
“Does the other one get kicked out?” he asked.
“Since they’re concurrent locations, they’re both allowed to be heard. The last thing I want to see is anyone fighting. But it’s outside this board’s purview,” replied Langston.
During the public comment period, Susanah Karlsson appeared on behalf of the Lincoln Park North Neighborhood Association. She thanked them for meeting with the community, however, she was not pleased with the distance issue.
“There are side-by-side applicants. If West Side Ave, is to become cannabis row … perhaps these vendors could take more seriously the concerns of the community,” she asserted, along with that while they met with the community, they didn’t follow up.
“There could be a lot more meaningful engagement. Those people are four blocks away from me, We don’t want to be exploited. I hope these vendors would voluntarily take it upon themselves to engage with the community. Only one of these applicants is going to prevail.”
Langston pointed out that a similar issue has been going on in Central Avenue, a main thoroughfare in the Jersey City Heights.
“Staff recommends approval with conditions,” Espinoza said, noting they are a microbusiness.
“We are fine with all of them,” Delano responded.
The Planning Board approved their application unanimously (6-0).
