Last week’s Land Use Board meeting reminded me of something when Diane McCoy, a resident speaking during the public portion of the hearing for a Pot business, asked about the meaning of the word School which had been mentioned no fewer than three times during the expert testimony.
Remember back in the late 1990s when President Bill Clinton explained to a Grand Jury investigating the Monica Lewinsky affair “It depends on what the meaning of the word ‘is’ is. If the—if he—if ‘is’ means is and never has been, that is not—that is one thing. If it means there is none, that was a completely true statement. “
No problem for the Highlands Land Use Board, they resolved any definitions easily and quickly enough after some discussion.
Problem
But they never addressed the word: Park.
That could prove to be a bigger problem with the approval of the variance requests for a Pot retail store.
At the meeting last week the Honorable Plant testified its wish to open at 123 Bay Avenue property adjacent to the former St. Andrew’s Episcopal Church, now New Life Christian Church.
1,000 Feet
One of the experts noted in his testimony the proposed retail business is not located within 1,000 feet of a school. One questions whether attending church services isn’t a learning experience on its own. But aside from that, Sunday School classes and sessions before regular church services have been taught at New Life. Covid restrictions switched those classes to virtual, but they are still a part of the church program.
All agreed conditions to permit a Pot retailer include it cannot be within 1,000 feet of a school. The expert pointed out the term “school” was not defined in the Ordinance. But he added that the ordinance was rooted in the State criminal code N.J.S.A. 2C:35-7 (Distribution on or within 1,000 feet of a school property). He further stated that N.J.S.A. 2C:35-7 defined “school” as “any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board.” The expert continued that the criminal statute mimicked the Federal statute. He stated that the Redevelopment Plan also made a distinction between “school” and uses that may use the word “school”, such as a dance school which were not schools.
He concluded that the Redevelopment Plan intended the term “school” to be defined similarly to the criminal code and not a colloquial meaning of “school.”
So it was settled at that point until Ms. McCoy asked if Catholic schools were considered “schools” under the definition of the criminal statute because they were run by the Catholic Diocese, not a board of education.
Resolution
The adopted resolution says though neither the conditional use ordinance nor the Borough Code define “school”, this board defines the term in this context as an institution for the teaching of children and would certainly include both public and private Schools.
Still, the Board found that the instruction provided at the nearby church falls outside the scope of the term regardless. The board made it clear this distinction “ should not diminish the value of such instruction, but it is not contemplated within the term as used in this Ordinance.”
And so the issue was settled.
Park
However, not addressed was the location, approximately 500 feet of the proposed cannabis facility, a beautiful pocket park , Cornwall Square, on the corner of Cornwall St.
This is a park lovingly created by and cared for by the Highlands Garden Club. There are a few benches there, some attractive signs promoting local business, paved walkways, and pots and gardens being prepared for spring plantings and more beauty.
And the borough has an ordinance which was not addressed at the meeting.
That is the Drug-Free School Zone and a Drug-Free Public Zone Map. It was paid for and created April 27, 1998, by Schoor DePalma, the municipal engineer at the time. That map shows the Cornwall Square Park and identifies it clearly as such.
Can the Council amend the code and eliminate Drug-free Public Zone? Most assuredly. Will they? One does not know.
But in the meantime, the Land Use Board took unanimous action opening a door for a cannabis retail license in violation of what certainly appears to be the borough’s definition of a Park located within 500 feet of the planned location of a cannabis facility.
