The Frelinghuysen Township Land Use Board punted Monday on the question of whether a church Sunday school fits the definition of an actual school for the purposes of zoning issues.
The definition turns out to be a bit ambiguous, and the decision could throw a wrench into the plans of One Faith Wellness L.L.C., the applicant proposing the indoor cannabis farm. But it will be at least another month until it’s decided.
At last month’s truncated meeting, attorneys representing opponents of the cannabis farm said that the Sunday school program of Yellow Frame Presbyterian Church takes place within 1,000 feet of the proposed facility, thereby forbidding cannabis cultivation.
Nobody disputed the distance. The disagreement was over whether it was an actual school. And the answer to that is still not resolved, largely because a letter claiming to provide evidence the Sunday school was, indeed, a school was submitted by William Haggerty, an attorney representing opponents of the farm, the morning of the hearing, and the Land Use Board members did not have time to review it.
In his letter, Haggerty cited a definition in “The Complete Illustrated Book of Development Definitions, Fourth Edition.” He cited the quote, “any building or part thereof that is designed, constructed or used for education or instruction in any branch of knowledge.”
Haggerty asserted that a Sunday school fit that definition, and the cannabis application would need a “D” variance to proceed, a variance with a higher and more difficult threshold to get approved.
Michael Selvaggi, an attorney representing One Faith, dismissed the assertion the Sunday school should be regarded as an actual school.
“Unless this Sunday school was teaching calculus, it would not qualify,” Selvaggi said. “We’re turning this definition on its head.”
Two motions to decide on the definition died for lack of a second. Land Use Board attorney David Brady told the board that there is no exact definition of a school provided by the state, so it was incumbent of the board to make that determination based on existing municipal zoning laws.
“The state does not define ‘school,’” Brady said. “We do.”
After several board members asked how they could be expected to make a decision of that magnitude when they had not even seen Haggerty’s letter, a recess was called to allow the board to read the two-page letter.
But after returning, a consensus still could not be reached. The board and the applicant did agree, however, to move ahead with testimony while the school question was considered.
The hearings are scheduled to resume Sept. 9 at 7 p.m. As this may be subject to change up to the last minute, check the township website for verification.
Joe brings decades of journalism experience to the Ridge View Echo, covering everything from local school boards to the U.S. Supreme Court. A former National Law Journal editor and Columbia Law School press officer, he now enjoys telling community stories in Blairstown, where he lives with his wife, Rose, and their two dachshunds.
- Joe Phalon, Contributing Writerhttps://ridgeviewecho.com/author/joe-phalon-contributing-writer/
- Joe Phalon, Contributing Writerhttps://ridgeviewecho.com/author/joe-phalon-contributing-writer/
- Joe Phalon, Contributing Writerhttps://ridgeviewecho.com/author/joe-phalon-contributing-writer/
- Joe Phalon, Contributing Writerhttps://ridgeviewecho.com/author/joe-phalon-contributing-writer/
