TOWNSHIP OF WASHINGTON, N.J.—The Planning Board has complied with a state Superior Court judge’s recent order and approved Cedar Smoke Inc. at Washington Town Center.
At its meeting on Wednesday, Dec. 18, the board marked that Judge Christine Farrington had directed it to reverse itself on its 2018 denial of resident Eddie Marji’s plan to sell e-cigarettes and loose tobacco and pipe tobacco with smoking accessories at the former Dairy Queen storefront, prominent at the mall’s main entrance.
That space is no longer available. According to Washington Town Center owner Alex DiChiara, who appealed to the court after the Planning Board took the unusual step of denying an ordinary use, Marji has a signed letter of intent for Unit 261B, 1,300 square feet between Body Empathy Spa and Loyalty Jiu-Jitsu.
He’ll be up and running “in a few months,” DiChiara told Pascack Press on Dec. 16. (See “Landlord ‘Optimistic’ on Smoke Shop, Site Approval Changes,” Dec. 9.) The outlet would be Marji’s fifth, after locations in Dobbs Ferry, New York and in Lodi, Belleville, and New Rochelle.
DiChiara, whose family has owned the mall since 1959, said it was “too bad” that he had to turn to the court to get the Planning Board to follow its own ordinance.
“I have a great relationship with the city. Unfortunately they got bullied into making a decision that was illegal, effectively, which is why it got reversed in appeal,” he said.
He added, “Frankly we didn’t have to argue it [in court]. The judge said, essentially, Save your breath, I’ve already made my decision.”
An ordinance banning vape sales here that was passed since Cedar Smoke’s denial is irrelevant to this application, Farrington ruled Oct. 30.
A petition that several town mothers, including a police officer, launched against Marji’s application boasted 600 names by May 30, 2018. Two hearings over the application were packed, standing room only.
Among residents’ objections: an allegedly harmful environment for kids, health and safety concerns, worry that the township would become a destination for vape shoppers from outside the area, and fears of eventual marijuana sales, which Marji vowed he would not provide.
Two officers spoke to their concerns about safety and enforcement.
Nevertheless, Farrington cited personal criticism, notably from members Tom Sears and Leonard Sabino, entered into record from the dais, as proof the denial was not based on fact and law.
Farrington found that the Planning Board acted “in an arbitrary, capricious, and unreasonable manner” in denying the application and gave the Planning Board 45 days to approve it.
On Dec. 18, Planning Board Attorney Louis Lamatina explained that the resolution before the board memorializes the granting of the application and includes conditions that Marji was prepared to agree to at the outset.
There will be no smoking on the premises, there will be no sales of marijuana or edibles (even if the state makes these legal), there is no admission to anyone younger than 21, the only vaping oils that may be sold shall be vegetable-based glycerin from U.S.-based vendors and approved by the Food and Drug Administration, there will be no synthetics sold, and conditions are binding on successors. Other restrictions speak to tinted windows and advertising.
Mayor Peter Calamari, who is a member of the Planning Board, proposed steps be taken to see about turning as much of the mall as possible into a smoke-free zone.
Acknowledging the mall is private property, members informally agreed this was worth looking into.
“I have to instruct you that the board needs to pass this [resolution] or be in contempt of court,” Lamatina told the board.
Calamari moved the vote. Thomas Pinnick seconded and voted yes. Sears recused himself. Said Toro abstained. Arthur Cumming voted “Yes, regretfully.” Calamari then voted yes, echoing Cumming’s regret. Chairman Brian Murphy voted yes.
Planning Board Secretary Barbara Coleman tabulated the vote and confirmed the resolution passed.
After the open portion of the meeting adjourned, Pascack Press asked Murphy if he cared to comment on Farrington’s assessment of the Planning Board’s 2018 actions on the application as “arbitrary, capricious, and unreasonable.”
He declined.
Pascack Press has not seen an approved copy of the resolution but will have one soon and will update this story as needed. We also will advise if and when Cedar Smoke Inc. moves into Washington Town Center.