TOWNSHIP OF WASHINGTON, N.J.—With time running out to comply, the Planning Board on Dec. 4 took no action in open session with regard to a state Superior Court judge’s order that expects to see a smoke shop approved at Washington Town Center.
Following an informal hearing on an inbound incluisionary development, the board withdrew into closed session to take up what members agreed was pending litigation.
State Superior Court Judge Christine Farrington on Oct. 30 overturned the Planning Board’s May 30, 2018 denial of a site plan application for Cedar Smoke Shop at Washington Town Center.
Center owner Alexander DiChiara sued after the board ignored its own zoning ordinance permitting the ordinary retail use at the site, at the former Dairy Queen storefront, saying officials had bowed to public opinion opposed to the store.
A petition of more than 600 fellow residents called on the Planning Board to reject applicant Eddie Marji’s plans at the site.
Many testified that they were concerned about health and safety, the prospect of drawing out-of-area smoke and vape shoppers to the town center, and that the store was generally out of character.
DiChiara said that was all beside the point, as the use is legal.
“To push the responsibility on me to make ethical judgments on what tenants are there is an unfair request. Make your ordinance clear so I can understand it so I can conduct a business,” DiChiara said at the time.
He followed through on a promise to sue. Farrington backed him up, finding that the board, acting unanimously, was “arbitrary, capricious, and unreasonable” in its denial. She gave the board 45 days to grant all necessary approvals.
Counting from that date, the deadline is Dec. 14. Conceivably the Planning Board will meet before then in a special session, as the next regularly scheduled Planning Board meeting is Dec. 18.
(For more, see “Judge Sides With Mall on Vape Shop, Reverses Planning Board,” Nov. 8.)
On Dec. 5, DiChiara told Pascack Press his attorney was in touch with town officials, including Planning Board Attorney Lou Lamatina, on the matter.
DiChiara said talks include Farrington’s deadline and his renewed call for the Planning Board to streamline the application process.
He questioned why there was a requirement for his prospective tenants to appear before the Planning Board over accepted uses, saying technical matters reviewed at the hearings, such as the size of signs, are covered by ordinances.
“It’s just a waste of everybody’s time and everybody’s money,” he said.
He said Marji was “more eager than ever” to set up in the township.
He said the resulting town ordinance banning vape shops—which Farrington said can not apply to Cedar Smoke’s application—had given Marji a competitive edge and backfired on the township.
Asked whether there was a connection between what he was hoping to see with regard to the permit process and what might or might not transpire with the vape shop, DiChiara said yes.
“Everything’s connected, right? I’m not quite sure how it’s all going to happen but I think we can all work together to make things better for everybody. That’s what I’m trying to do,” he said.
Calls to Marji to confirm his intentions were not returned.
He told Pascack Press after his use application was rebuffed that he was well aware of the petition—and of comments online that he said in part were racist.
“You know what, if this business is really as disturbing to kids as you [those who complained] believe, you should be speaking to a congressman. You should rally on a bigger scale and make it statewide-illegal,” he said.
Planning Board Chairman Brian Murphy was away last week. He did not return a call seeking comment.