The proposed cannabis retail shop is currently a laundromat. (Photo by Brian Donohue. Click to enlarge.)
By BRIAN DONOHUE
Despite five hours of testimony spread out over two hearings, a cannabis retailer’s bid to become the fifth pot shop with planning board approval continues to spur looming unanswered questions.
Among the unknowns: will the board approve the application? And, if so, how do the owners plan to open without currently holding a cannabis retail license?
The proposed location of Two River Green LLC cannabis retailer (right) closely abuts the next door property, a point of contention for residents opposed to the application.
(Photo by Brian Donohue. Click to enlarge.)
Two River Green LLC is seeking approval for a pot shop in a building that is currently a laundromat at 54 North Bridge Avenue, directly behind Strollo’s Lighthouse Italian Ice.
After an initial hearing last month and two and a half hours of testimony by company reps and neighbors who oppose the application Wednesday, the board carried the hearing to its July 10 meeting without taking a vote.
Meanwhile, questions continue to loom regarding the company’s strategy as it moves forward despite all three cannabis retail licenses allowed under law having already been issued to other companies.
“Your team is going to have to work out with the borough and the borough attorney on the licensing,” Planning Board Attorney Kevin Kennedy told Two River Green’s attorneys.
At the end of the hearing, Mayor Billy Portman, who sits on the planning board, was more blunt on the issue of licenses, telling the attorneys: “There are no plans to give out another one.”
Of the three retailers issued licenses, only one is up and running: Monteverde NJ, located almost directly across North Bridge Avenue from Two River Greens’ proposed site. Two others, Canopy Crossroads, at 9 West Street, and Frosted Nug, in the Wawa/Windmill shopping plaza appear, to be under construction.
But several companies, including Two River Greens, appear to be angling for a chance to get a license should one of the three licensees founder, the borough decides to issue more licenses or is forced to do so through litigation.
Two River Green’s attorneys are not tipping their hand over what strategy they’re pursuing.
Asked to elaborate on the company’s plans or why they would seek approvals if they have no license to open, attorney Alexandra De La Torre, declined to comment.
Asked similar questions following an initial Planning Board hearing in April, another Two River Green’s attorney Edward Mainardi replied, “I’m just land use attorney.”
De La Torre, who travelled from California to attend both hearings, told the board she worked for The Puzzle Group, which she described as a “vendor contractor” for Two River Green. The Irvine, California-based company is a commercial real estate broker that assists would-be cannabis businesses in finding locations and navigating permitting and licensing.
State business records show Two River Green is registered in Marlton.
The company, then operating under the name Flora RB, was one of 14 cannabis biz hopefuls who received a resolution in 2022 from the borough council stating that it is a “type of business that is permitted in the borough” and “would not exceed any municipal license limit.”
But just five months later, after having issued 14 identical resolutions to would-be retailers, the council adopted amendments to the cannabis ordinance that included limiting number of retail shops to three.
The three-license limit prompted threats of litigation by industry reps and business owners who said they would lose money they invested in their businesses when they thought they had a green light.
Litigation may now be looming. At a pair of recent council meetings, members went into closed session to discuss possible litigation by The Garden At Red Bank, another retailer approved by the planning board but shut out by the three license limit. Officials have declined to comment on the matter.
Rick Mondello, a municipal attorney who advises towns across the state on cannabis laws said Red Bank’s belated decision to limit licenses could leave it vulnerable to lawsuits from companies who got an initial nod and were then shut out.
“If they have a state license the town may have a problem,’’ Mondello said. “It certainly has a level of merit or unfairness.”
At Wednesday’s hearing, the board heard testimony from a traffic expert representing Two River Greens who said the new business would have little impact on the traffic on Bridge Avenue and Rector Place.
Several residents have spoken out against the application on multiple grounds including security concerns and required lighting spilling onto properties that abut it.
Silvia Constantino, an attorney whose office is in the building she owns next door, repeatedly raised concerns over how security cameras and lighting would impact nearby buildings, one of which sits just inches away from the current laundromat’s rear wall.
She asked De La Torre, whether, out of the many cannabis businesses she has represented, “Have you ever had a building that had five to seven inches between the business and the adjoining lot line?”
De La Torre responded that she had not.
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