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August 26 - September 1, 2023

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Southampton Planning to Execute Agreement with BEMS Solar Farm to Eliminate Switchgear Station That Has Been ‘Widely Criticized’

CANNABIS COULD SOON BE SERVED

Officials Trying to Secure PSE&G’s Consent for Purported ‘Three-Pole Array’ Alternative, But Utility Will Only Say It’s ‘Under Review’; Solar Company Attorney Has Other ‘Options’, in Giving Citizen Assurance Unit Will Be Moved

By Douglas D. M elegari Staff Writer

SOUTHAMP TON —A “th re e -pole array” is being considered as a potential replacement for a massive, controversial “switchgear station” built earlier this year in the middle of a LeisureTowne retirement community neighborhood, according to officials.

The Southampton Township Committee is tentatively scheduled to meet at 6 p.m. on Aug. 25, just after this newspaper’s press time, in part, to “authorize execution of a switchgear relocation agreement between Sout h a mpton Tow n sh ip a nd BEMS Southampton Solar Farm, LLC.” However, what is not yet known, as of press time, is whether Public Service Electric and Gas (PSE&G), which has had evident manpower and resource costs associated with connecting the present switchgear station and associated BEMS landfill solar array to its electric grid, is amenable to the switchgear station relocation plan, which would potentially result in the utility bearing additional costs.

Lauren D. Ugorji, a spokeswoman for PSE&G, told the Pine Barrens Tribune on Aug. 21 that “we are aware of the request, and we are reviewing it.”

Photo By Douglas D. Melegari

The landmark Shamong Diner at 7 Willow Grove Road in Shamong Township, with the facility planned to become a cannabis enterprise.

Landmark Shamong Diner Reportedly Signs ‘Lease Agreement’ with Cannabis Enterprise Planning Manufacturing in Current Eating Space and Dispensary in Former Retail Space, While Township Committee Lends Local Support for Pending Class 5 License from State

By Douglas D. M elegari Staff Writer

SHAMONG—A landmark Burlington County diner, located in the Pinelands, is reportedly under contract to be converted into a cannabis manufacturing and

distribution facility, as well as to serve as a retail cannabis dispensary, the Pine Barrens Tribune has learned.

The Shamong Diner, located at the intersection of Route 206 and Willow Grove Road, has been “on and off the

market since 2019,” and has recently attracted the attention of Rusty Kuchta, proprietor of Southern Jersey Bud, who is working alongside Michael Pock and Matthew Dikovics, of the Nassau See CANNABIS/ Page 7

See SWITCHGEAR/ Page 8

INDEX

Business Directory...................................14 Events........................................................4 Local News.................................................2

Marketplace..................................................... 13 Worship Guide..........................................16

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Page 2 ♦

LOCAL NEWS / FEATURES

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Pair of Measures to OK Two Redevelopment Agreements for Warehousing on Route 206 in Pemberton ‘Die for Lack of Motion’ Amid Fierce Opposition

Democratic Council President, Republican Mayor Had Urged ‘Tabling’ Absent Approval, But Democratic Councilwoman Joins with Two GOP Councilmen to Defeat Deferral; Council Now Entertaining Measure Intended to ‘Freeze’ Warehouse Development ‘a Bit’

By Douglas D. M elegari Staff Writer

PEMBERTON—A plan to construct “one or more warehouses” on properties associated with the Rockefeller Group that are on Route 206, on either side of an intersection with N. Pemberton Road, has at least been put on hold after a pair of resolutions to approve two redevelopment agreements “died for lack of motion” during an Aug. 16 Pemberton Township Council meeting.

The lack of enough interest on council in moving forward with the redevelopment agreements came as a large group of Pemb er ton Tow nsh ip residents have repeatedly protested both planned and existing warehousing at township council meetings here since May, with the Aug. 16 session no exception.

Republican Mayor Jack Tompkins, along with GOP Councilmen Dan Dewey and Joshua Ward, when they were swept into office in November, ran on a platform that objected to additional warehousing.

Many political observers forecasted that the three men would be regularly at odds with the three remaining Democratic council members, and voting would come down to party lines.

But that hasn’t been the case recently, and this time, it was Dewey and Ward joining with Democratic Councilwoman Elisabeth McCartney to put a stop to a motion that would have simply “tabled” a decision on one of the redevelopment agreements (with the second resolution allowed to simply die after that moment), with Tompkins, while not a voting member of council, urging at least motions to table, if not giving approval, for fear of potential litigation given these projects have already been in the pipeline for some time, with the developer having already made investments given prior approval of a redevelopment plan for the area that permits warehousing as a permissible land use.

Councilman Paul Detrick, a longtime attorney and Democrat, shared similar concerns.

“I think you should take a shot at the lawsuit instead of selling the town out and getting another warehouse,” said Dewey to audience applause.

McCartney’s vote against merely tabling the measures came amid objections from Democratic Council President Donovan Gardner, who expressed concern that by putting a stop to this project, the township would not be able to fund anticipated future budget needs and get behind, while Tompkins warned that a paid fire department, for instance, is likely inevitable.

Meanwhile, residents of the Birmingham neighborhood and vicinity, have spent the last several months describing how a 509,038 square-foot warehouse recently built for Seldat Distribution, Inc., has adversely affected their lives, including resulting in heavy truck traffic on residential streets, which is driving a lot of the current opposition.

As a separate plan continues to move forward to construct at least three, if not five smaller warehouses in that particular area of Pemberton, the residents contend they were previously promised that the council would change the zoning for Birmingham to not permit anymore warehouses to be built there.

But members of the administration contend doing so would amount to “spot zoning” and be “illegal,” and the only plan in the works would be to modify the locations and associated zoning standards

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And as the opposition to warehousing apparently becomes fiercer with each and every day in Pemberton, Gardner cast blame on the residents of Birmingham for a plan that would allow Birmingham Road access to the planned smaller warehouses, contending it would not have happened if they simply allowed a larger, second warehouse intended for the area to receive approvals, instead of (successfully) challenging that proposal.

“You said we had a choice between one and five,” shot back local farmer Valerie Roohr. “There is no choice. We fought against one, and we are going to fight against the five! That is the bottom line!”

See WAREHOUSE/ Page 10

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Measures to Approve Redevelopment Agreements Die It was in December 2021 when former Democratic Pemberton Township Mayor David Patriarca described that warehouse developers have been “knocking on our door for quite some time.” He maintained that the “warehouse race is real,” and the municipality would like to join in, primarily to generate revenue for the town.

Pemberton Township Council, at the time under absolute Democratic control, then unanimously adopted a redevelopment plan that would put the township in a position to do exactly that, replacing the existing General Commercial/Light Industrial District (GCLI) zoning for the “northwestern tip” of the municipality to allow for warehousing there as an additional permitted use. The action followed the Oct. 7, 2021, approval from the Pemberton Township Planning Board, and specifically changed the zoning to allow for warehousing on 19 properties in the municipality, all of which are located near the intersection of N. Pemberton Road (also known as County Route 630) and Route 206.

The redevelopment area – along the highway corridor, but located away from the dense population centers of Pemberton Township (Browns Mills, Country Lakes and Presidential Lakes) – is approximately 466 acres in size, and is presently “primarily developed and used as farmland,” according to a copy of the redevelopment plan that had been later obtained by this newspaper through an Open Public Records Act (OPRA) request.

On the Aug. 16 council meeting agenda was a pair of resolutions, one that would have approved a “redevelopment agreement with the Rockefeller Group for Block 779, Lots 2 and 3, 2554 Route 206” and another that would have approved a redevelopment agreement with the Rockefeller Group for Block 778, Lot 2.01, 2770 Route 206.” The former lots are located just north of the intersection of Route 206 and N. Pemberton Road, while the latter are located just south of it.

The pair of resolutions that were to be authorized recognized the parcels at issue as “an area of redevelopment” as authorized through a Dec. 15, 2021, ordinance “approving a redevelopment plan for the Route 206/N. Pemberton Road Corridor.” It is also noted in the documents that the Rockefeller Group filed for “preliminary and final major site plan approval” that is “pending” before the township planning board.

Michael Thomas, the latest in a number of residents to take to the microphone to

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LOCAL NEWS / FEATURES ♦ Page 3

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‘Amazing Mansion Retreat’ Listed on Airbnb Draws Concern in Medford After Report of Loud Noise, Some 100 People There and Armed Security

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Solicitor Says He Asked Zoning to Pause Enforcement to Allow for ‘Research’ But Has Since Given Opinion That Short-Term Rentals Are Not Permitted Use

By Douglas D. M elegari Staff Writer

MEDFORD —An Airbnb “amazing mansion retreat” rental in Medford Township being advertised online as an “entire vacation home” that is available for between $1,100 and $1,250 a night is leading to concern in a township residential neighborhood.

Michael DiPietro, a neighboring property owner of 6 High Point Drive, which is the property reportedly being listed on Airbnb, alleges it has been the source of disruptive loud noises, and there was even one evening where “there seemed to be 100 people there” and when he “went to ask them to quiet down” he was met with an “armed security guard in a bulletproof vest.” It is a purported Father’s Day weekend experience that DiPietro said caused him to become “very, very alarmed.”

“I am expressing disappointment that I can’t have quiet use and enjoyment of my property any longer,” DiPietro told Medford Township Council on Aug. 15 in asking for action.

DiPietro pointed to the Airbnb listing for the mansion on High Point Drive, advertising that there is “room for up to 15 guests” and “parking is available for up to 10 cars on the property.”

The listing for the “exquisite 6-bedroom, 3.5-bath mansion” with “6,000 square-feet of luxurious living space” points out that “our expansive property features a harmonious blend of contemporary design and classic charm, ensuring a memorable stay for you and your loved ones.”

It also invites reservations for “family reunions and special events,” adding that “luxurious amenities await,” including a pool, sauna, steam shower, and lake access for kayaking and fishing. In addition to highlighting that the mansion is equipped with pool table and ping pong tables, it touts “exclusive access to the dock and kayaks” given the parcel is “situated on a serene lakeside property,” providing “endless opportunities for fishing, boating, and swimming.” (The parcel at issue reportedly abuts what is known as Wilderness Lake.)

“These people come in as if it is a hotel, as if they are on vacation,” DiPietro contended.

“They start using the pool at 7 a.m., playing volleyball in the pool and screaming at the top of their lungs. That continues, every day, all day – constantly.”

DiPietro maintained that both he and his wife work eight to 10 hours a day and only “get a few hours to enjoy our property.”

“A nd we can’t enjoy the prop er ty anymore,” he declared.

DiPietro described that the house had been up for sale and that he and his wife were under the impression a man from New York had purchased it, “buying it as a singlefamily home for a family.” While “at first we thought they were just noisy neighbors” that moved in, the “long story short of it is he is renting out the house.”

“I called the gentleman to confront him, and he said he doesn’t care what we do because he has plenty of lawyers and he will continue to do this until we move,” DiPietro alleged. “This is really, really discouraging.

After living here for 20 years and paying taxes, and loving the quiet, community and nature, at this point, I might have to join him and rent out our house for $2,000 a night if he is getting $1,250.”

DiPietro described that he became aware that Township Zoning Officer Ann Bell has since sent the owners of the mansion a “cease and desist” letter “months ago,” but described the owners “continue to defy it and nothing is done.”

The Medford resident questioned why he should have to hire a private attorney “to enforce Medford Township rules” after “being here for 20 years.”

“I’d be fighting against a gentleman that is not even a resident of the township, but from New York?” DiPietro asked. “This is crazy!”

Township Solicitor Timothy Prime responded he is “aware of the issue” and acknowledged he “told zoning to hold off” on issuing a summons until he has an opportunity to research the issue.

“I intend to discuss this with council this evening,” Prime added. “Generally, there is no restriction in renting a house. If you want to rent your own house, you can rent your house. But short-term rentals start getting into it being a business, which presents a whole different set of legal issues. So, we are going to deal with it. Rest assured it will be dealt with properly. I just need some time to do research.”

Neighboring Medford Lakes Borough passed a short-term rental prohibition on Nov. 10, 2021, primarily targeting Airbnbs.

But three residents of Medford Lakes subsequently brought a lawsuit against the borough on Dec. 23, 2021. The borough racked up “north of $8,500” in legal fees to defend against the lawsuit.

A settlement was reached with the three litigant residents, reportedly affording them an opportunity to continue short-term rentals for the next three years, instead

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EVENT CALENDAR

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SEPT.

Saturday, August 26, 2023

Events and special promotions happening locally this month!

To promote your October event on this page contact Jayne Cabrilla at 609-801-2392 or email news@pinebarrenstribune.com

SEPT. 1

Train Rides Through the Woods of New Gretna Location: Bass River Township

Details: The Woods of New Gretna Park and the New Jersey Shore Live Steam Organization provide train rides for all each Saturday and Sunday, from 10 a.m. to 4 p.m. The small steam locomotives, and other trains, wind their way through the beautiful park. The rides are provided by a group of dedicated volunteers who have revitalized the park and laid out the railroad track, based on the historical Tuckerton Railroad. The volunteers maintain the railroad and walking trails, and are constantly expanding them. Riding the trains is free, but donations are very much appreciated. The train rides are outdoors.

SEPT. 11

The History of Timbuctoo Location: Vincentown

Details: The Southampton Historical Society is presenting “The History of Timbuctoo”, on Sept. 11, at Old Town Hall, 25 Plum St., Vincentown, at 7:30 p.m.

Timbuctoo was settled beginning in 1826 by formerly enslaved and free Black people with the assistance of Quakers. During that era, southern New Jersey had a large population of free Black people, and there were several free Black settlements in the region.

The program’s speaker, Guy Weston, is a descendant of 1829 Timbuctoo settlers. He will talk about the history of Timbuctoo, his family’s legacy, and current efforts of the Timbuctoo Historical Society, which includes both preservation and educational efforts. Weston is Managing Director, as well as a visiting scholar at Rutgers University and editor of Afro-American Historical and Genealogical Society Journal. The program is free and open to the public. For more information, contact Kathy Rosmando at 609-859-0524.

SEPT. 17

Major Wildfire Burns 1,700 Acres of State Forest Near Shuttered Dragway

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The location of the wildfire – in the vicinity of the Atco Dragway – quickly garnered the attention of locals, given the iconic dragway was closed suddenly back on June 18 after a 60year run, with no explanation or announcement as to future plans for the tract.

The New Jersey Forest Fire Service (NJFFS) dubbed the blaze the “Dragway Fire.”

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the inferno, by that point, having grown to 1,700 acres. The agency reported the wildfire was “deep-seeded” in the Wharton State Forest, in the area of Jackson Road and the Atco Dragway.

The New Jersey Office of Emergency Management was said to have ordered the closure of Jackson Road on Aug. 21, due to smoke, “weakened trees,” and emergency response vehicle positioning. The road was not reopened to traffic until Aug. 23.

No structures were threatened by the fire, according to the fire service, nor were any injuries reported.

While some locals speculated online that they found the timing and location of the fire suspicious, the fire service reported “the cause of the fire remains under investigation” and “no further updates are expected to be released for this incident.”

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LOCAL NEWS / FEATURES

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Evesham Council Adopts 2023 Budget Calling for $17.64 Per Month Tax Hike, But with ‘No’ Vote from Councilwoman and Senate Hopeful Heather Cooper

Ordinances Adopted Authorizing Former Landfill to Be Used for Solar Farm Installation and Reappropriation of $398,000 from Finished Projects Toward HVAC Improvements

By Bill Bonvie Staff Writer

EVESHAM—A 2023 Evesham Township budget consisting of $45,282,488 in total appropriations and calling for the average property tax bill to be hiked by $17.64 per month, or more than seven percent, representing the first tax increase for local residents since 2017, has now been approved by the Evesham Township Council – but not unanimously.

A budget resolution to that effect, adopted on second and final reading at the council’s Aug. 9 meeting, which drew considerably smaller attendance than usual, got a thumbs up from just four of the five members of the all-Democratic governing body, with Councilwoman Heather Cooper, who formerly served as deputy mayor, voting no.

Cooper, a current candidate for the 8th Legislative District Senate seat now held by Republican Jean Stanfield, who will be retiring at the beginning of next year, had previously abstained from voting on the initial reading of the budget, saying she wanted to get further “clarification” of the issues involved.

Other measures approved on second reading at the session by all five council members, included an ordinance authorizing the redevelopment of a former landfill, or “brownfields” area at 540 and 545 Tomlinson Mill Road, with a ”ground-mounted solar installation,” designed to provide a source of renewable energy that is expected to “enhance the economic well-being of the Township of Evesham by establishing an additional source of revenue,” as well as to potentially lower electricity rates for a certain segment of the population.

In a brief introductory statement, John Barree, representing Township Planners Heyer, Gruel & Associates, noted that the plan for the solar farm, which is now being reviewed by the Pinelands Commission after being approved by the Planning Board, includes “a number of requirements … related to native planting,” which “would encourage pollinator habitats,” and enable the tract to “retain its environmentally sensitive capped state.”

However, former Republican Councilman Robert DiEnna, who has had extensive experience in both property redevelopment and alternative energy site work, while indicating he didn’t want his remarks to be interpreted as a “criticism or complaint,” got up to note the fact that he had introduced the same idea more than six years ago and questioned why it had taken so long for the township to act on the suggestion.

“You all have my phone number, and I’m available to talk about any of these specifics anytime, pro bono,” he told those in attendance.

Another ordinance unanimously adopted will reappropriate a total of $398,000 in remaining funds from a number of projects already completed toward defraying the cost of new ones, specifically HVAC improvements to both the township municipal complex and the pole barn maintained by the Evesham Recreation and Open Space Department, with the total cost for both systems budgeted at approximately $2.1 million, Township Public information Officer Zane Clark told this newspaper in a subsequent email.

The two projects are being accorded priority status in this year’s budget, according to Mayor Jacklyn “Jackie” Veasy, because both those facilities are considered ”cooling stations” for local residents during periods of very hot weather, in addition to which the Blue Barn, as it’s known, is used for activities like basketball games when they can’t be played outdoors, with one little girl taking part in a recent competition having remarked to the mayor how hot it was on the court.

“I know that many people would like to see us spending our money on other outdoor recreation facilities,” Veasy declared (apparently referring to the growing demand for pickleball courts).

“But these are needed, and we needed to make those decisions to move forward with facility maintenance. … They are not pretty things, but they are very necessary things.”

Waxing especially enthusiastic about the planned improvements was resident and frequent comment contributor Gary Warga, who said he had been “asking year after year” for the HVAC system in the municipal building to be replaced if it was too old to be fixed, as he had been told.

Cooper, in attempting to explain her rationale for rejecting the budget during the time allotted to council members at the meeting’s conclusion, avoided indulging in any harsh judgments of her colleagues’ support for the measure, instead expressing her disappointment that they hadn’t somehow managed to hold the line on property taxes despite their “critical responsibility” for keeping the township operating smoothly.

“We have to fund salaries so that service keep going, our pensions, the public safety, the township operations – it all matters,” she acknowledged.

But she then noted how proud she had been of “how we navigated a few years back through very complicated budget realities” during the pandemic and contended that “we forget those critical years” when “we kept our staff and our taxes stable in an unprecedented era.”

See BUDGET/ Page 15

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Woodland Decides Not to Move Forward with Leaf Collection, Citing Costs, But Residents Can Compost or Take Them to Wrightstown Facility, Clerk Says

By Douglas D. M elegari Staff Writer

WOODLAND—The mayor of Woodland Township, William “Billy” DeGroff, has declared, “I don’t believe we are going to move forward on leaf pick-up at this time, after looking at what the costs are going to be.”

The mayor’s Aug. 15 declaration follows a couple of requests from residents for leaf collection with the hope that it would help to encourage property maintenance, particularly in the Lebanon Lakes section of the township.

Township Administrator and Clerk Maryalice Brown, as previously reported by this newspaper, said in July that she “did call surrounding towns” since the June township committee meeting, when the service was first suggested, and “none are interested in doing the service.”

Tabernacle Township (where Brown is also providing a service as a shared clerk/ administrator) “doesn’t do it,” Brown maintained, while “Southampton Township never returned my call” and “Shamong Tow nsh ip doesn’t do it.” Pember ton Township, Brown noted, does perform leaf collection, but advised her “they don’t have enough staff to cover our town to do it.”

She then contended that she “did speak to a private contractor” who estimated it would take “three to four days” just to do Lebanon Lakes at a cost of $2,000 per day.

However, last month, both a Lebanon Lakes resident and a Chatsworth resident urged Brown to seek other options, including checking with the county and Herman’s Trucking, Recycling, & Landscape Supply in Wrightstown.

“The county does not pick up leaves,” reported Brown to the Woodland Township Committee during its Aug. 15 workshop meeting. “They will not accept our leaves, and the county does not accept leaves from townships.”

The county, however, she noted, will accept “tree debris” from the township at no cost, and from residents at $25 per ton, or “at a prorated rate corresponding to whatever they bring in.” But that debris reportedly cannot include leaves.

Her man’s Tr uck i ng, Re cycl i ng, & Landscape Supply, according to Brown, “does not accept leaves from the township, period – no condition.” However, they do take leaves from private residents at $35 per ton, she said.

Wood land of fic ials also prom is e d residents that they would check with the New Jersey Department of Environmental Protection (NJDEP) to see if there was any way they could accept leaves at the municipal transfer station, possibly for a composting arrangement.

Brown reported that Township Engineer

Tom Leisse “looked into it” and essentially it would be a “whole big permitting issue” for the town, in addition to requirements that the township hire full-time employees and a recycling coordinator to oversee the composting operation. The permitting would cost the township, Brown maintained, “tens of thousands of dollars” while the composting equipment that is needed would cost “hundreds of thousands of dollars.”

“My suggestion would be that we don’t do leaf pickup, probably because a majority of people in this town don’t have leaves anyway, and don’t need leaf pickup,” DeGroff said.

Deputy Mayor Mark Herndon agreed, remarking, “If they do have something, have them bring it” to the recycling center or whatever firm properly disposes of leaves.

DeGroff said that reaching a ton for leaves “is a lot of leaves,” and felt it would be “cheaper” for residents to just bring them over to the recycling center, though Herndon noted Wrightstown is far for Woodland residents.

“People here are already accustomed to taking their own stuff to (the) landfill,” Township Solicitor William Burns declared.

“Why should leaves be any different than household rubbish?”

Brown was asked if Woodland Township ever offered leaf collection services, with the township administrator responding there had not been any such service provided previously.

Committeewoman Donna Mull, former administrator of Pemberton Borough, pointed out that the borough at one time took them in at their facility, “and for a while, we took them and composted them in their garden, and they don’t take them anymore, because it just gets to be too much.”

“My leaves in Chatsworth, I just grind them with my mower,” DeGroff asserted. “… And I don’t think the majority of the residents would want to be taxed (for collection).”

Brown noted that she “also did receive an email from a resident who doesn’t come to the meetings, but had heard in the Pine Barrens Tribune,” about the dilemma “in reading the discussion that has been happening,” and “he wants to know why we can’t put them in the woods where they are scheduling a fire burn.”

“That would be the same as putting them in a pile and lighting them on fire, like tires in the woods,” responded DeGroff, with Mull, after digesting the idea, asserting, “That’s crazy.”

Brown said the NJDEP had provided the township with literature on how residents can compost their own leaves, and she would be uploading that to the township website, as well as information on the Wrightstown firm’s cost and policies.

“This way there is some place residents can take their leaves,” DeGroff concluded.

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(Continued from Page 1) Consulting Group, who have announced at a Aug. 1 Shamong Township Committee meeting that they are “interested in applying” for a “cannabis manufacturing, distribution and auxiliary Class 5 retail dispensary” license for the property at 7 Willow Grove Road.

Dikovics maintained to the governing body that a “le a s e ag re e ment ” ha s “already been executed” with the property owner, with whom they have an “excellent relationship.” The property owner, it was further described by Dikovics, is a “local partner in the project.”

“We think that helps put some skin in the game,” Dikovics declared. “He is a local business owner who has been here for 18 years running the diner. I think that makes for a nice fit.”

While the three men did not mention the owner of the diner by name during their presentation to the governing body, the Shamong diner has been owned and operated

by Manny Monteiro since January 2006.

Monteiro, in a Aug. 22 interview with this newspaper, confirmed that a lease agreement had been signed and that he is a partner in the cannabis venture.

“Well, I am getting old, and want to retire and enjoy my grandkids,” said the 18-year owner and chef of the Shamong Diner. “I tried very hard to find someone to purchase it to be a diner, but, unfortunately, there were no takers.”

The diner, said to be situated on more than three acres of land, with approximately 10,000 square-feet of buildings space, is listed for sale on the Long & Foster website, priced at $1,149,000. As of press time, it is still posted as an “active” listing. Monteiro told this newspaper it has been “on and off the market” since 2019.

The Shamong committee, following the presentation by Kuchta and his team, lent “local support” for the project via a resolution, which will now be taken to the state Cannabis Regulatory Commission (CRC) as the team pursues its Class 5 license.

Monteiro, in the interview, cautioned that “everything is up in the air right now,” however, given the approvals that are still outstanding, and therefore, he could not yet provide any “end date” for the Shamong Diner.

“As of now, no, there isn’t an end date, because I don’t know exactly how they are going to deal with it, as it is basically their business,” he said. “It all depends on them.

I really don’t have too many details, but I do know they need to get permitting together.

I don’t have any dates – you would have to talk to them directly.”

Proposed Cannabis Product Line: Bongs and Topicals

LOCAL NEWS / FEATURES ♦ Page 7

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Saturday, August 26, 2023

Kuchta, it was explained, has been an “independent” pharmacist since 1994, and has offered compounding services. It was added that he opened three of some of the first dispensaries in the Philadelphia region, as well as six in West Virginia.

“Philly was a hard one to win,” he said of obtaining licenses to operate dispensaries there.

However, he pointed to his “pharmacy background” in providing services to longterm care facilities as leading to his “success” in obtaining the Pennsylvania licenses, or what “kind of led me into this space.”

Pock, whose LinkedIn profile describes him as having served as an advisor to Democratic Governor Phil Murphy’s campaign for governor, described that Southern Jersey Bud’s planned “product line” will consist of “bongs” that are “offered for various purposes.”

“As a compounding pharmacist, it doesn’t take very much to be able to combine materials to create this particular product line,” Pock said. “It doesn’t require a lot of raw materials that might have excess waste, impact waterways or result in natural waste.”

He maintained what is being proposed for the diner site is “very different from a cultivation operation” and is “streamlined” as well as is “very simple.”

A s fo r h o w t h e b o n g s w i l l b e manufactured, Dikovics described that the firm would obtain oil from a cultivator and “use leftovers.”

“You take pre-packaged oil and mix it together with some other material to make a bong,” Dikovics said. “It doesn’t require creation of new plants.”

In addition to the production of bongs, Southern Jersey Bud is reportedly interested in producing “topical products,” with Pock maintaining they are “seeing a lack of topical product” on the market because “there seems to be only one manufacturer” of such topicals.

“So, this is a great opportunity for there to be a second manufacturer of those topicals,” Pock declared. “They are very popular and go off the shelf first. It will be nice to have a dedicated facility to work on a single product that a lot of people find useful.”

Dikovics pointed out that what is being planned for manufacturing by the firm is “not prescription bongs” and that “topical treatments can be found over the counter.”

Plan for Transforming Diner Property into Cannabis Center Pock, in confirming the “proposed location for this facility is the Shamong Diner,” described to the Shamong committee, along with Kuchta, how “three separate buildings on that property” would be transformed to allow for the planned business activities.

T he d i ner is slat e d to hou s e the “manufacturing component” of the business, it was said, while the area of the complex that

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has served previously as the Pine Barrens Store, and is now a special party area, would house a “retail” component, or what has been described as the “smallest hub” of three planned components of the enterprise.

The planned retail area is 1,000 square-feet, Dikovics said, with “not a lot of floor space.”

“I know you want to focus on manufacturing and topicals, but with the retail component, will you bring in an array of product?” asked Township Solicitor Doug Heinold.

Kuchta responded “yes, definitely,” but then noted because of the “limited space” there will “not be an overabundance” of retail product.

“It is more along the lines of pick and choose,” he maintained. “This is not Walmart.”

Rather, the goal of having a small retail component is “so people aren’t traveling” to obtain cannabis products.

The third component of the planned business is distribution, which would “just allow us to be able to transfer the product between different dispensaries or different manufacturers,” with the distribution slated to take place in an “old house” or office space behind the former store.

“With the way the property is laid out, I think it works as an accessory joint use,” Dikovics asserted. “… Manufacturing is in the largest of the available spaces, the retail is in the smaller and the distribution is required, otherwise we would have to pay for an intermediary to distribute what we are manufacturing. It makes sense to have all these things in alignment.”

The Long & Foster real estate listing that had searched for an actual buyer of the property begins by declaring, “Wow, what a wonderful opportunity for the right buyer in Burlington County.”

The listing, however, is focused on trying to find another restaurateur for the property, with it noting that the diner has been “thriving for over 20 years” and is “now ready for a new proprietor.”

“This restaurant was voted top 17 out of many, many diners in New Jersey by The Tasting Table, and has an excellent record throughout the years with an awardwinning menu,” the listing continues. “The dining area seats 85 plus people, along with additional outdoor seating as well, and it has been upgraded throughout, including the kitchen and building’s exterior. There is also a newly-refinished separate building of almost 850 square-feet for parties and special occasions, which you may attach to the restaurant for extra seating.”

Any sale, according to the listing, “includes” what is described as “four opportunities of business,” among them “the diner, the approximately 850 squarefoot separate party/special occasion room (formerly the Pine Barrens Store), the ice cream business (there has been an ice cream window at the diner), and the potential twobedroom rental,” the latter, it is explained,

is “currently used for office space.”

Monteiro, while having signed a lease agreement and become a partner in the Southern Jersey Bud venture, would still not rule out a sale of the property, responding to an inquiry, “It all depends on how everything works out.”

Property tax records show the diner complex, built in 1977, last sold in 2006 for around $810,000.

The CRC has reportedly prioritized women- and minority-owned cannabis business applications. Kuchta revealed that his wife would be making application for the Class 5 license for 7 Willow Grove Road, submitting as a “woman-business owned” enterprise to “put her at the top.”

By pursuing that particular track, Dikovics, a past projects specialist for the late Democratic Senator Frank R. Lautenberg, said that it would probably take three to six months to learn of the state’s disposition on the matter.

Given the planned enterprise, according to Dikovics, meets the various criteria and “all local ordinances,” he declared, “with your support, I don’t believe there will be any barriers to receiving our license.”

Obtaining Support After Town Laid Out ‘Red Carpet’ Heinold noted “this governing body has been out front on the cannabis issue,” having been one of the first in the state to change zoning in certain areas of the municipality to allow for cannabis enterprises, with Shamong Mayor Michael Di Croce, as previously reported by this newspaper, expressing his optimism that the township will become the “pot capital of New Jersey.”

“We have done as much as we can to create a red carpet for business to come in here,” Heinold added. “Other entities above us are, what they are, (in terms of establishing rules and giving approvals). The other issue we have seen is site control. But it sounds like you guys are ahead of the game on site control.”

According to Dikovics, working on “security” for Southern Jersey Bud is a retired Pennsylvania State Trooper who now has his own security firm. The facility, he contended, will “have panic alarms” and “everything will be recorded 24/7.” Visitors will have to show “two different IDs to two different people” to gain access to the retail location.

“You can’t just walk in,” maintained Dikovics, noting there will be magnetic locks on the doors. “You will have to get your ID scanned, etc.”

Shamong Committeeman Chris Zehnder asked about whether there would be any potential for “odor.” Dikovics responded the enterprise would be utilizing “pre-packaged material” for its operations and contended “no synthesis will be taking place, other than See CANNABIS/ Page 11

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Saturday, August 26, 2023

SWITCHGEAR

“It is not going to look like that big box,” said Mikulski of the planned new hook-up for PSE&G. “It is going to break it down into smaller pieces – that is what the JCP&L side has done.”

What is not immediately clear is where the idea originated from to interconnect the solar array to the JCP&L grid via pole-mounted units versus the groundlevel switchgear station chosen for the PSE&G connection, and why this had not been previously presented or thought of as an option.

After describing that Township Special P roj e c t Eng i ne e r Ra ke sh Da r ji, of Environmental Resolutions, Inc. (ERI), and Township Solicitor George Morris, of

Parker McCay, “attended a meeting” to hash out the new prospective agreement between the township and BEMS, the mayor asserted that the pair, “made it very clear, had we known that the pole array was a potential possibility when this started, we would have made it mandatory for approval.”

The mayor’s remarks give rise to only further questions about how much, if any scrutiny the original interconnection plan was given before the township committee voted to approve it unanimously back on Aug. 16, 2022. It also raises questions about what kind of counsel the township has in place to be able to study and make sound recommendations on such plans.

“We were not told that was a possibility,” said Mikulski on Aug. 15, of the three-pole array interconnection, stopping short of assigning any blame, however.

Darji, according to his LinkedIn profile page, holds a bachelor’s degree in civil engineering. He lists “utility design” as one of his areas of expertise. There are, however, professionals who specialize in electrical engineering, holding degrees that are specific to that field. Questions presented to the township and Darji about the level of available township electrical engineering expertise for this project were not answered as of press time.

Mikulski, also on Aug. 15, revealed that the local 8th District delegation sent a letter to PSE&G “endorsing and supporting our request for the location of the move.”

The letter, dated Aug. 2, was reportedly later posted to the LeisureTowne retirement community website, with a Saint Davids Place resident providing a copy of it to this newspaper.

The legislators – Senator Jean Stanfield, As s embly man Michael Tor r is si and Assemblyman Brandon Umba – note they are “writing on behalf of Southampton Township and its application through CS Energy to allow a three-pole array placement on Big Hill Road” and “we

believe the township’s proposed plan would be of minimal impact to surrounding residents in a populated development, while delivering important, carbon-free energy to the surrounding area.”

They continue that the location of the switchgear station has been “widely criticized for lowering the quality of life in a residential development where the electrical unit has greatly stuck out.”

“Now all parties involved are looking to gain permissions to attach pole-mounted equipment to existing utility poles on Big Hill Road (outside of LeisureTowne), which would reduce the high level of disturbance created by the switchgear that was erected on Saint Davids Place,” the legislators continue. “While we know PSE&G has its own policies in place and reviews to conduct, this situation has greatly affected a large constituency in our district, and we wanted to lend our support to the people of the neighborhood in hopes a better solution can be found than the current switchgear.”

As for the prospective agreement slated to be signed between the township and BEMS on Aug. 25, Mikulski described “we are negotiating an agreement with them that will give them a deadline to have it moved.”

“They are fully on board with that deadline,” he said. “It will include monetary penalties if it is not moved within that certain period of time.”

The mayor added that he can “assure you the owner and contractor of the landfill are doing everything they can to get it moved, and I firmly believe that.”

Phylis Peak, a resident leader of Saint Davids Place, reportedly asked Steven Gouin, an attorney representing BEMS, what will happen if PSE&G doesn’t approve of the pole array, with Gouin responding in an email Peak has since shared with this newspaper, “PSE&G is one option, and we have others.”

“But either way, it will be moved,” Gouin added.

AIRBNB

and that the government was essentially preventing them from raising revenue. Some hosts maintained that they take many steps to prevent disturbances and are responsive to complaints. They also pointed to great reviews they received and how they were contributing to the township’s tourism industry.

In the case of Medford Lakes, similar complaints had been lodged about loud noise and rowdy behavior at some of the rentals, and that some of those owning the properties at issue are from out of the area, and not close by to monitor them.

High Point Drive is part of the Lakeside at Medford community, founded in 1988.

Natalie Westfall, HOA property manager for the community, told the Pine Barrens Tribune on Aug. 22 that she has received

about a half-dozen complaints so far about the Airbnb in the neighborhood.

“A lot of people are upset about it,” she said. “The HOA has contacted the township and spoken to the zoning officer.”

The tow nsh ip, she said, has sinc e informed the owners of 6 High Point Drive that it has been “brought to the attention of the Medford zoning officer that the property is being used and advertised as an Airbnb rental and zoning board approval is required.”

“The township respectfully requested that they cease and desist the activity immediately until they receive approval from the Medford Township Zoning Board,” Westfall reported.

We stfal l explai ne d that an HOA’s guidelines “can be stricter than what the

township has, but cannot be less strict than the township.” When asked if the HOA’s current governing documents prohibit shortterm rentals, she responded, “We rely on the township, however, we have now reached out to an attorney to see how the neighborhood wants to vote on that.”

In a follow-up phone call with this newspaper on Aug. 22, Westfall reported that the Lakeside attorney just received word from Prime that the Medford zoning official has now been directed to issue a summons and that the township would be also working on a short-term rental law.

P r i m e, i n a n i nt e r v i e w w it h t h i s newspaper later that day, explained that, since the Aug. 15 council meeting, he

Photo By Douglas D. Melegari

The switchgear station on Saint Davids Place, prior to a fence being erected around it, designed to connect a landfill solar array to Public Service Electric and Gas’s grid.

(Continued from Page 1) Mayor Michael Mikulski, during an Aug. 15 Southampton committee meeting, noted that “we continue to press PSE&G to come to a decision on the pole array.”

Ap p a r e nt ly, f rom wh at c ou ld b e ascertained from Mikulski’s remarks, is that the solar array’s connection to the Jersey Central Power and Light (JCP&L) grid is different than the one for PSE&G, with the former reportedly broken down in several units that were positioned on a series of utility poles.

(Continued from Page 3) of previously having to cease operations immediately once the ordinance took effect, though the borough had previously promised to give short-term renters affected by the ordinance “some lead time” to come into compliance with the new law.

In Washington Township, when a similar ordinance had been proposed, residents protested, causing the governing body to reconsider its position and drop the proposed ordinance.

At issue were residents’ contentions that they have a right to do what they want with their properties that they pay taxes on,

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LOCAL NEWS / FEATURES ♦ Page 9

Page 10 ♦

LOCAL NEWS / FEATURES

WAREHOUSE (Continued from Page 2)

oppose various ongoing redevelopment initiatives in the township, said of the plans that they “will create a different township over the next 10 to 25 years,” including resulting in a “different culture” and “loss of ecological services.” He spoke of the potential impact on social welfare, food production, water purification, oxygen production, as well as “on sense of place and community identity, which is critical for community mental health.”

“The loss of the Greenberg Farm (where senior housing is proposed), combined with the loss of farms on Route 206 and N. Pemberton Road, have the potential to compromise the sustainability of the last Agricultural District in Pemberton, and the cultural underpinnings there,” Thomas declared. “The scenic byway of N. Pemberton will become compromised. A critical place will be lost.”

He pointed out that “seldom have the people of Pemberton organized so quickly and effectively to address what they perceive as a threat to the cultural and natural welfare of our beloved township.”

“History of this effort will survive the proceedings here,” he contended, condemning what he called a “ratable chase.”

Local Pat Giberson, another resident who has recently spoken out, declared “ratables will never justify the infrastructure needs being put on this township.”

Eric Houwen, of N. Pemberton Road, who is part of a longtime farming family, one whose history includes operating a 132-acre farm off Birmingham Road, declared the “value of farmland, character and landscape makes us what we are,” and it is why his family worked with the county to “preserve our land on N. Pemberton Road.” He spoke of “unbridled greed” being at issue as the township pursues redevelopment.

“The ratables chase has always been a losing proposition, and the numbers just show it,” Houwen declared. “Seeing warehouses coming in off Route 206, instead of farmland, is a really great welcome sign to bring people to the township. People coming down from Robbinsville (prevalent with warehousing in recent years) will see that, and will want to move next to warehouses?

That is a winning plan.”

Others from Birmingham, including the Gutherie family, have yet again attested to increased truck traffic disrupting their lives.

All of it led up to the voting on the resolutions pertaining to the Rockefeller properties.

“The biggest issue I have with both,” declared Ward, comes down to what will happen with the groundwater once there is impervious surfaces, noting that one of the proposed warehouses would be 800,060 square-feet, and that through his research, “you are looking at 3,723 gallons” of stormwater runoff, a figure he contended is “not fictitious.”

“This is what bothers me, (nearby) Powell Run Road and a tributary, directly feed into Smithville Park in Eastampton,” Ward said. “And the runoff would increase the temperature of the tributaries by 10 degrees every time it rains, as the sun beats down on the blacktops and rooftops of each of these warehouses. From what I have seen, it has the potential to kill 98 percent of the ecosystem within the first 5 years.”

(A common complaint over the last severals months from those in Birmingham is that, in addition to increased truck traffic, the newly-built warehouse has led to purported flooding from runoff.)

Also resulting in Ward saying that he “can’t go forward” in voting to approve the pair of resolutions is that he learned that given the location of the proposed warehouse s, Mou nt Hol ly wou ld b e

WWW.PINEBARRENSTRIBUNE.COM “handling the sewage.”

“You are giving Mount Holly all of our sewage money,” Ward contended. “…When we talk about the township, we would like to go all in on a project, all in on an investment …. We talk about the township becoming self-sufficient. But the township would not be benefiting sewage wise from this. So that is an issue for me.”

Gardner responded that given the location of the properties in question, the “township would not be able to afford” running sewage lines to the area, and in addition, given the distance that would have to be overcome as well as the geographical area involved, there would be an “environmental impact.”

“So, it is beneficial if Mount Holly gets that money,” Gardner maintained. “Because no matter what, it would be a lot of money, and there is an environmental impact with the tributaries out there.”

Ward retorted that he wondered if Pemberton could require a developer to run and pay for the sewer lines. Tompkins responded by saying the developer could choose to put in their own wells “and we wouldn’t be getting anything, either.”

Dewey then countered “we started out with 200 S. Pemberton Road (the address of the Seldat facility), with a warehouse, “and it has water problems when it rains” with purported observations that the water “crosses Birmingham Road.”

“They want to displace a dozen residents who have been there for years,” he said of anticipated warehousing. “The worst thing is you took a family that has farmed it (the warehouse grounds) for 30 years and put them out on the street. That doesn’t set well with me! You have the Greenberg family, the Giberson family, and now you are kicking another farmer out to the street! Rockefeller belongs to Allen in Vincentown. You are going to kick another farmer to the street for concrete and I don’t want it!”

Gardner, however, countered that “to the best of my knowledge, Pemberton is “not doing it by eminent domain” and “if the owners want to sell their property, and they are zoned (for a particular purpose that the buyer is interested in), then they have a right to do so.”

“The township is not forcing anyone to sell land,” Gardner asserted. “They either say ‘yes’ or ‘no.’”

Dewey maintained, in response, that the farmers would have had the potential to earn more money by participating in Farmland Preservation, quipping, “if the township did what they were supposed to do, forming an Agricultral Advisory Committee back in 2009 (as had been recommended in a 2009 Master Plan review),” the farmers “could have had big money” available to them, “but for some reason the township didn’t do an Agricultral Advisory Committee.”

“The bottom-line is greed!” Dewey declared.

It was earlier this year that council formed an Agricultral Advisory Committee, after a controversial cannabis cultivation proposal that has come amid a push for redevelopment throughout town. Gardner shot back, in responding to Dewey on Aug. 16, that the committee can only “make recommendations.”

As Dewey continued to make the point that the farmers could have been given enough money through Farmland Preservation to discourage land deals, Tompkins retorted, “the numbers you are throwing about might have been accurate 10 years ago, but some of these properties are going for $40 to $50 million,” causing Dewey to quip, “I’d like to see the facts!”

Councilwoman: ‘Find Another Way’ to Get Added Revenues It s o on b e c a m e ev id e nt t h at t h e warehousing proposals face opposition on See WAREHOUSE/ Page 12

Saturday, August 26, 2023

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AIRBNB

(Continued from Page 8) has provided “the zoning officer with a legal opinion that the Airbnb in that development is not a permitted use, and second, the only permitted uses in that zone are single-family detached residential dwellings and single-family detached residential dwellings defined as ‘singlefamily homes for non-profit.’”

“I believe she is going to be issuing a summons, if she has not already, for violating the zoning ordinance,” Prime told this newspaper.

When asked if the township would be also pursuing a short-term rental prohibition, he answered that “the township council has authorized me to look into that – yes.”

“We are considering a formal ban, or an ordinance prohibiting short-term rental units in the township,” Prime said.

The Airbnb at issue in Medford Township is a home, according to property tax records, that was purchased for around $975,000 by two men, Ibrahim Alamin and Avezov

CANNABIS

(Continued from Page 7) the mixture of topicals at the site.”

“Where we are seeing problems with odor, is in the cultivation and manufacturing of flower,” Dikovics added. “When that flower is being processed into other packaged goods, I think that is where you are ending up with resident complaints.”

However, Township Administrator and Clerk Susan Onorato, in following up on that point, said that she would imagine there would be “some odors with the oils” being used in the manufacturing process.

Kuchta acknowledged that “yes,” there would be some odors with the oils, “but it will be stabilized,” and “if there are complaints, we will put filters on.”

“That is not a big problem,” he added.

“We will work with you.”

Dikovics contended that the “reason we are here” is that Southern Jersey Bud “wants to have an open line of communication with the town” as well as a “working relationship.”

“If we get complaints, we can always (take) some corrective action,” he said.

The August Shamong committee meeting appeared to be ill-attended, and only resident Megan Mozitis partook in a semipublic hearing on the presentation. There are, however, residences directly across the street from the Shamong Diner, as well as behind the parcel, further down on Willow Grove Road.

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Akmal, on Jan. 11 of this year.

The Pine Barrens Tribune attempted to contact the “super host,” who goes by the name “Ike,” on Aug. 21 through the Airbnb website, but this newspaper received a message a short time later, stating, “request declined” and that “Ike is unable to host your stay.”

Shor tly thereafter, th is newspaper received a message from Airbnb that the request for comment on this story sent to the super host through the website “violated” the website’s “terms and conditions” and because of that, it threatened to close out this reporter’s Airbnb account.

The following day, however, this reporter got a follow-up “Welcome to Airbnb,” email, stating, “Now that you’re with us, you have access to over 7 million places to stay – from individual rooms to entire homes – available in 100,000 cities and towns in 220+ countries and regions.” Underneath that, in big bold letters, “Make Medford your first stop.”

The listed co-host to Ike for the Medford mansion is “Akmal.”

A telephone message left with Akmal was not returned as of this newspaper’s press time, and a working number for Alamin could not be located.

However, in an “other things to note” section of the listing, it asks “potential guests” to “take note of the following important details before booking our lovely property,” including “out of respect for our neighbors, we do not permit parties, DJ music, loud music, or any illicit activities on the premises.” It is added that “for the benefit of the local ecosystem, please release all fish caught back into the lake.”

It is also noted that five “active exterior security cameras” monitor the premises.

“Your transparency regarding guest count, pets, and vehicles is important,” the hosts wrote. “Local regulations also necessitate this. Our limit is 15 guests and 10 cars. Any excess will result in a $100 fee per additional guest, pet, or vehicle. This also places the responsibility on guests to not exceed our capacity. This charge is facilitated through Airbnb’s resolution center during the checkout process.”

P r i me, i n the i nter v iew w ith th is newspaper, recognized that while other communities have had issues with Airbnbs, he believes this situation represents the first instance he can recall in Medford Township.

DiPietro charged that the owners have six

other short-term rentals he has since learned about, with the Airbnb website noting “Ike” has been a host since October 2015. Other neighbors, according to DiPietro, are “frustrated beyond belief.”

“Never in my wildest dreams did I think an Airbnb would be in the middle of this quiet, residential neighborhood,” one area homeowner told this newspaper for this story.

As of press time, the Medford Airbnb at issue had garnered 21 reviews, with a rating of 4.95. Some of the most recent reviews included comments such as “we had a wonderful week’s stay here” and “this was the best vacation my family ever had” and “there were nine of us” to “we had a retreat with my coworkers” and there is “plenty of room for four couples and five singles.” One woman wrote it is a “great house for large groups.”

“My whole summer has almost been ruined at this point,” declared DiPietro, however, to Medford Council. “I can’t put up with it no more! I am trying to relax, sitting outside, and I am hearing music and PA systems with announcements, ‘Come on down!’ It is literally insane! I wish there was more of a sense of urgency.

I am begging you!”

Mozitis, in raising the plans for “making l i ke a bong,” asked about what the “cleanout” process would entail, adding that she is “familiar with a company that used to be in town that made bongs,” and also noting the township doesn’t have city sewer or water systems.

Officials with the enterprise described that they intend to purchase an incinerator and will also enter into a “supply agreement with a waste company” to “then transport it,” or any leftover waste.

Mozitis pressed the entrepreneurs as to whether there would be heavy water usage, in pointing out the area is served by wells.

“There is not really anything to be concerned with,” one of them replied. “The owner of the diner said he has a big well and septic system there.”

Shamong Committeeman Neil Wilkinson inquired whether any “self-testing” would be performed on site to ensure product efficacy, with him receiving a “yes” response and it pointed out that the “state has supply control methods on the shipping out of that oil.” Di Croce, when asked whether manufacturing “gummies” on site is a consideration, was told that the products to be manufactured and sold “is driven by market demand” and “we are not looking to manufacture a wide range of products.”

“Rather, we would identify products that local folks would be willing to purchase and bring them in,” Dikovics said.

The Shamong committee then voted unanimously to give Southern Jersey Bud local support. A Land Use Application could be submitted to the municipality as

early as within 90 days, it was described.

The diner is still open for business, as of press time.

A typical facility takeover for cannabis requires $750,000 in investments, but the firm’s operators were confident that they could pull off its operations with between $400,000 and $500,000 in investment to the existing diner complex. It was added they would “work to keep the kitchen licensed, so that eventually, we can do a gummy mix if we wanted to,” with it further pointed out “it doesn’t take a lot of space to produce the topicals” and the “distribution will be more like having offices here” as “we are not storing a lot of product here – we are just going to move product.”

When Heinold noted that some of the other recent township applicants have r un into financial difficulties due to currently high lending rates resulting from inflation, the operators of Southern Jersey Bud responded that they have access to private lending, which it was maintained is important to any such project given federal lending limitations (given marijuana is still considered an illegal substance on the federal level, though it has appeared the federal government has yielded to states, such as New Jersey, that have legalized it at the state-level).

Heinold declared in the governing body “moving forward in good faith” with Southern Jersey Bud’s request that “we are all partners in this thing” because “if you succeed, we succeed.”

The resolution lending the governing body’s support to Southern Jersey Bud,

however, is “subject to the satisfaction” of the governing body that the “materials submitted are acceptable.”

“Just based upon the presentation, I think everybody agrees this is a really nice use for this facility,” declared Shamong Committeeman Chris Zehnder. “A lot of concerns in our unique Pinelands neighborhood I think are addressed by the unique manufacturer it is.”

Di Croce asserted “Welcome to Shamong,” to Kuchta and his team, adding, “we look forward to a nice relationship with you, and we wish you success moving forward, and if we can help in anyway, you will let us know.”

End of Era in Sight as Monteiro Looks Forward to Retirement Monteiro, with two grandkids and another on the way, told this newspaper “it’s been a great run.”

“I enjoyed being in Shamong,” he further declared. “This is my 18th year now, and it has been perfect. The people have been very, very supportive. I know that whoever comes in here will do a great job and benefit the community at large.

“I would like to just say ‘thank-you’ to everybody who supported me. … As of now, I don’t have anything finalized, and that is why I can’t give you an end date. But thanks for the support from the community at large – thanks to all my customers, especially with the fact that I have had customers who have come from pretty far away to come here.”

Page 12 ♦

LOCAL NEWS / FEATURES

WAREHOUSE (Continued from Page 10)

council from more than the two Republican councilmen, with McCartney interjecting, “I have a problem with (Resolutions 2023)264 and -265.”

“Many of us grew up here and are diamonds in the ruff,” she declared. “I think we can all agree with that, and we have been doing development in that area, and I think we can come up with strategies to help with our businesses, and I don’t think we have to give up what we have to get taxes to go down.”

Gardner appeared to be thrown for a loop

by McCartney’s position.

“So … ummm … we all agree the township needs revenues, and if we are going to start denying revenues, we can’t help but raise taxes!” Gardner asserted. “What is next?

So, do you propose our way to poverty?”

McCartney shot back “we have things on the table now” to bring increased revenue to the town, pointing to “businesses coming in,” declaring, “we are much further ahead than we were seven years ago!”

Gardner, however, indicated that despite the uptick in businesses realized over the past couple of years, it isn’t enough to keep up with the “population, which I believe is increasing,” which requires “services and accessibility.”

“We have to stay with the times,” the Democratic council president declared. “We don’t want to get behind the eight ball. Once we fall behind, it is harder to make a comeback.”

McCartney retorted that notion, however, declaring, “we have to be realistic with what our goals are” and take steps “to preserve our culture.”

“There is another side to this that I am thinking of,” Tompkins interjected. “We currently have a volunteer fire department.”

WWW.PINEBARRENSTRIBUNE.COM After describing how recruitment and retention has been a difficult task, Tompkins declared, “there is going to come a time where we have to have a paid fire department because we don’t have volunteers.” And given the police department accounts for around $5 million in the municipal budget, the Pemberton mayor surmised that a paid volunteer fire department would at least add a $2 to $3 million cost to the budget.

“I bel ieve we ne ed to have a safe community that can provide emergency responses for our residents, but we also need to preserve the integrity of our community and culture as well,” McCartney responded.

“So, we need to look at the budget, help support each other and our businesses and find another way!”

McCartney’s declaration was met with loud applause.

D e w e y, m e a n w h i l e , p o i n t e d t o Hammonton, “the Blueberry Capital of the World that is nothing but farms,” with a population of 14,000 compared to Pemberton’s population of 28,000, before quipping, that “they do it (survive) with 14,000 people and we can’t do it with 28,000?”

His comments, too, were met with applause.

Gardner asked for a “motion” on Resolution 2023-264, titled, “Approves a Redevelopment Agreement with the Rockefeller Group for Block 779, Lots 2 & 3, 2554 Route 206.” Recognizing the opposition, he ultimately made a motion to table it for “further research.” But Dewey then declared, “I make a motion to kill it!”

Pemberton Solicitor Andrew “Andy” Bayer responded that it is “a matter of procedure,” and therefore, with Gardner having made the initial motion, that one would have to be voted on by council first.

It was denied by McCartney joining with Dewey and Ward to oppose it. After the motion to table the item failed, there was

Saturday, August 26, 2023

silence, meaning that as a result of no further motions being made, it “died for lack of motion” and is “not adopted,” the Pemberton clerk’s office confirmed.

Then came a vote on Resolution 2023265, titled, “Approves a Redevelopment Agreement with the Rockefeller Group for Block 778, Lot 2.01, 2770 Route 206.”

“I h ave ex p r e s s e d my d i s l i ke of warehouses previously,” Detrick said. “I don’t think anybody up here likes these big warehouses. But my only concern is there have been previous proceedings regarding these properties, where they have been declared ‘in need of redevelopment.’ I just don’t know what the consequences are (by not approving the agreements). It is nice to think, ‘Oh we say ‘no’ and the warehouses go away.’ I don’t know if that happens. The reason I would like to table it is to explore the consequences as to what happens if we say ‘no’ – does that mean anything to us?”

McCartney asked, “Can we find out now?”

Bayer responded, “as the township attorney, I have not been involved in negotiations with the developer or the developer’s attorney,” while Tompkins pointed out the redevelopment plan “is something that has gone through Community Development,” and there are “drawings in my office.” He also pointed out that the developer has “paid for engineering studies” and “has invested money into this.”

“My fear is if you turn this down, or it dies, we are liable for a lawsuit,” Tompkins declared.

Baye r a dd e d t h at t he tow n sh ip’s special counsel has been working on a redevelopment agreement for the Route 206 properties at issue and “I think I would have to confer with special counsel on the potential ramifications,” though, “I don’t know if there are any.”

While Tompkins replied, “I think you are right,” Dewey retorted, “I think we should

take a shot at the lawsuit instead of selling the town out and getting another warehouse!”

Gardner asked for a motion, but it was met with silence. The second measure “died for lack of motion” as well.

The Pine Barrens Tribune followed up with Business Administrator Daniel Hornickel on Aug. 21 about whether the outcomes have meant the redevelopment projects for the Rockefeller properties is now dead. He responded that he is away and not privy to what had occurred. (Theoretically, nothing stops the resolutions from being put back on future council agendas, and there is the possibility of litigation as well.)

Hornickel, who also served as business a d m i n i st r at or u nd e r t h e Pat r i a r c a administration, when the December 2021 redevelopment designation was issued for Route 206 and N. Pemberton Road, touted potential future financial and job creation benefits that might come about as a result of allowing warehousing.

Plea from Birmingham Residents to Change Zoning When Seldat had submitted its application for approvals, Resident Perry Doyle, along with others from the Birmingham neighborhood, had been critical of what had been proposed. Despite GCLI zoning there, and a redevelopment plan that expanded commercial uses at that location, residents contended Birmingham is a residential neighborhood or a “hamlet.”

Now that the warehouse has been built and more are proposed for his neighborhood, Doyle, a longtime resident of Birmingham, has since been leading the opposition movement against additional warehousing See WAREHOUSE/ Page 13

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Two ‘Suspicious’ House Fires on Successive Nights in Marlton Village Result in 30-year-old Former Resident’s Arrest for Aggravated Arson

By Bill Bonvie

“investigative techniques as well as good old-fashioned police work,” the suspect, who matched a description from witnesses, was EVESHAM—A probe of house fires that picked up and detained, at which point police heavily damaged three town homes in the seized and searched his car, “uncovering Marlton Village section of Evesham Township evidence” in the process, Miller said. on successive evenings has resulted in the Also found in the vehicle were “items that arrest of an individual, described as a former resident of the Marlton Village community, on had the potential to cause additional fires,” aggravated arson charges, with as well as a crossbow, which additional ones likely to follow. the chief said was “highly I n a n Au g . 2 3 p r e s s concerning for us,” since conference, Evesham Police it wasn’t known what he Chief Walt Miller announced intended to do with it. that a suspect in the second fire, T he i nvestigation, Colin J. DeLuca, 30, of Little however, did point to a Egg Harbor Township, had possible motive, although been apprehended following an police would not say what it investigation of the two blazes, was as of press time. one of which occurred in the W h i l e M i l l e r not e d 100 block of Aspen Court on homes and businesses in Aug. 20 at 10 p.m., engulfing the neighborhood, as well one structure in flames and as the complex itself had displacing its three occupants surveillance equipment, he DeLuca as well as four in the home next requested that anyone who door, and the other on the following evening might have videos of the locale taken at around at around 9:30 p.m., a few blocks away on the times when the fires occurred notify police.

Empress Court, which the homeowner was The chief added that he was “pretty able to extinguish with only minor damage. confident the person responsible was Miller said it was after the two fires occurred in custody, which “should alleviate any in the same neighborhood within a 24-hour future concerns.” period that authorities realized there was “a DeLuca was reported to have been taken significant risk to the community.” to a hospital for unrelated problems following According to a press release from the his arrest, after which he was expected to be Evesham Police Department, “preliminary lodged in the Burlington County Jail, pending investigations conducted by the Evesham a hearing. He was initially charged with setting Investigative Bureau, the Burlington County the Empress Court fire, but, according to the Prosecutor’s Office and the Evesham Fire press release, “further investigation is being Department determined that the fires were conducted regarding the Aspen Court fire, suspicious in nature.” Subsequently, using and additional charges are expected.”

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in Pemberton.

Doyle contended that the residents of Birmingham, having attended Pemberton council meetings since May of this year, “got a lot of assurances” that Birmingham would be “put back on the list as residential,” versus the GCLI designation.

“I am curious as to why this hasn’t happened yet, when we were told this could be done so easily?” asked Doyle of Pemberton council during its Aug. 3 session, which preceded the Aug. 16 session where council decided the Route 206 matter.

Ward answered that he is “almost positive,” upon having reportedly emailed the administration and talked to Bayer, that “it will be on agenda” at the Aug. 16 session. Tompkins denied receiving an email from Ward.

Ward explained the history of zoning in Birmingham, from what he ascertained through his research. He said the original Master Plan for Pemberton Township was adopted in 1972, according to the Rutgers Library. Birmingham, “up to” a chemical plant location there, was zoned Planned Industrial (PI), he said. In 2009, he noted, “was the next time the township saw another Master Plan” adopted. At that time, according to the councilman, “the state said we don’t use ‘PI’ anymore for zoning designations and “we swapped it over from PI to GCLI.” At that time, he contended, administration recommended the GCLI zone be expanded by another 600 feet in Birmingham. It was also at that time, according to Ward, GCLI’s coverage was expanded in the Route 206 area. And on Fort Dix Road, in another section of town, despite a planner having recommended that the township dissolve the PI zone there near a former concrete plant, the area was merely designated GCLI. What all the

aforementioned areas were zoned prior to 1972, Ward said, he couldn’t say as he wasn’t around at that time.

(Ward made no mention of the various redevelopment plans that expanded the warehousing use on Route 206 and in Birmingham.)

Bayer quipped, “So it has been nonresidential zoning from 1972 forward.”

Hornickel, however, in attendance for the Aug. 3 session, interjected, asking to “clarify something.”

“We are not going to have an ordinance to rezone the Birmingham neighborhood ‘residential,’” Hornickel said. “That is not what is going to be introduced. The ordinance that is going to be drafted about warehousing has to do with commercial zones. Council can’t arbitrarily spot zone and change the Master Plan. We have to go through a 10-year study, which we are going to budget for in 2024. I never said we were going to introduce an ordinance to rezone the Birmingham neighborhood ‘residential.’

We can’t do that – that is spot zoning.”

T he ord i na nc e to b e i nt ro du c e d , he maintained, is based on a study of warehouses and will specify the types, locations and sizes of them, as well as address required setbacks.

Tompkins, in expanding on the business administrator’s response, revealed that the township planner had done an “evaluation or a warehouse study” to determine “where they would be appropriate in the township” and “what type of warehousing would be better in certain areas,” which he said had been presented to the Planning Board “two meetings ago.”

“Council – I am not going to ask you to draft an ordinance in which you are doing something illegal,” Hornickel added.

Detrick, in adding to the remarks of Tompkins and Hornickel, said he was “surprised” anyone would tell Doyle it is a “real simple” process to change Birmingham’s zoning.

“There are things we can do quickly, like banning trucks in an area, but changing zoning in an area, they should not have told you it is simple, because that is a process,” the Democratic councilman added.

“We just can’t say ‘ban it.’ Planning and zoning ordinances are much more complicated, and you got to go through studies and all this crap! Some things that we can do will hopefully will freeze things a little bit.”

Doyle called the position of officials “hur tful to a lot of residents here,” contending, “we were told it will be on the agenda, and now we are being told it is impossible and can’t happen” and that it represents a “difference between night and day.” He recounted a purported conversation with McCartney, which he claimed occurred prior to a council meeting, in which she “told us she strongly supports Birmingham returning back to residential because of what is going on there.”

“Now all of a sudden, we are being told, ‘poof, that is just not happening,” Doyle declared. “I mean a platform was run here and people were elected for no more warehousing and all of a sudden it is being forgotten – completely. We are just being forsaken. That is why we started in May, asking you to give us some relief to our doors being beaten down with people making offers, and here we are in August.”

Detrick responded that there “are little things we can do in terms of relief” and “I think we are doing those,” and maintained that “in the larger picture, I don’t think anyone is against it,” but that doing things of a larger scale (such as revising the Master Plan) “takes a lot of time – too much time from where you are sitting.”

Ward, however, appeared to acknowledge later during the Aug. 3 Pemberton council meeting that such a promise to rezone Birmingham had been made to the residents there, with him contending the township planner “assured me that it was legal,”

adding that another official “had even stated it at a planning board meeting.” Yet another official, Ward contended, “said there is no legal ramifications to do what we are looking to do in Birmingham.”

“Mr. Hornickel, I would stop short of calling it ‘spot zoning,’ because we are not encompassing an entire doughnut hole, or piece of parcel or individual parcel,” Ward quipped.

The Republican councilman added “we are not looking to encroach” and the “piece of property” being considered for development by the planning board is “not even part of that.”

While Ward pointed out he is “not a municipal land use lawyer,” he emphasized the township planner had advised “we didn’t have to wait for a redo of the Master Plan to do that,” or to rezone the neighborhood.

On Aug. 16, however, simply appearing on council’s agenda was an ordinance for introduction, titled, “An Ordinance Amending Chapter 190 of the Township Code and the Block 797, Lot 1 Redevelopment Plan, South Pemberton Road Redevelopment Plan, Route 206 Corridor Redevelopment Plan – Modifying the Locations and Associated Zoning Standards for Warehouses within the Township.”

Bayer acknowledged at one point during its introduction, “we are not eliminating warehouses completely,” but rather the council intends to “authorize or permit them by the area and type of proposed building as defined.”

The recommendations that comprise the ordinance, Bayer explained, comes from pages 54-56 of a warehouse study.

That study reportedly recognized that the township code dealing with warehouses was set some 40 years ago and “obviously, the industry has changed.”

The recommendation, as outlined in the ordinance, is to define five different types of possible warehousing – “Standard, Transload, Cold Storage, Fulfilment Center See WAREHOUSE/ Page 15

Page 14 ♦

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WAREHOUSE (Continued from Page 13)

and Parcel Hub,” according to Bayer.

“It d e fi n e s t ho s e b u i l d i ng s ve r y specifically,” Bayer maintained. “It then goes through the various areas of the municipality where he recommends permitting different types of warehouses as defined here.”

“On Route 206, for instance,” according

BUDGET

(Continued from Page 6) Cooper said it was her hope “that we could achieve a similar situation with this year’s budget, which was why she had initially said she “needed to review the budget deeper in detail.”

But after considering the impacts of the affordability challenges and overall tax burden faced by local residents, along with the lack of state dollars she would like to have seen reaching the township, she said she felt she could not support the budget and “decided to say ‘no,’” although that “was not an easy decision to make.”

“We’re elected to work in the best interests of the residents of Evesham Township, and there are times we will differ on the best course forward,” the councilwoman noted before proceeding to express her appreciation for “our professionals

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to Bayer, “or the subject of tonight’s discussion,” the planner “recommends every type of warehouse.”

However, the one change would be to “make it a ‘conditional use,’ so that an application has to satisfy (certain) conditions.”

For the area along Fort Dix Road that Ward had prev iou sly a l lude d to, Bayer explained the planner “recommends eliminating warehouses completely.”

A s fo r t h e e x i s t i n g Keith Abrams Lic# 1283 r e d e v e l o p m e nt p l a n s , with one notably having prev iously been put in place for Birmingham, according to Bayer, the planner recommends “amending” them to “delete, for instance, ‘Warehousing’ and ‘Wholesale Distribution Centers,’ and, instead, allow ‘Standard Warehouses’ and ‘Cold Storage’-type buildings.”

McCartney inquired whether council could eliminate the GCLI designation altogether from the Route 206 area, for instance. Bayer responded that council “controls zoning subject to the law,” but that zoning actions the council takes are tied to the Master Plan

and will be analyzed as either “consistent” or “inconsistent” with it, and any action the governing body takes “can’t be arbitrary, capricious or unreasonable” and that it would be “helpful to have a recommendation from the planner or planning board supporting that decision you want to make – but ultimately it is up to council.”

McCartney, who had previously voted to approve the redevelopment plans that have accelerated the warehouse race in Pemberton, asked that in the event the redesignation ordinance was to get approved, and the planned warehousing “fits the ordinance,” then, “We can’t really stop them, right?”

Bayer responded that he has “been told a number of warehouse applications are pending before the board now.” Tompkins noted that there are “a lot” that have already been filed, believing that there are as many as five, adding, “I think I just got two more today.”

Someone, at that moment, could be heard quietly uttering, “Oh my God.” And the reason for that reaction likely has to do with the nature of Bayer’s next set of comments to council, explaining that because of the state’s “Time of Decision Law,” if there are pending development applications before the planning board, even if council were to change the zoning now to either curtail or ban warehousing, “those applications are

grandfathered under the old zoning.”

“You would have to proceed under the old zoning,” declared Bayer of any warehousing applications submitted up until any ordinance would take effect.

However, if there is a variance sought, there is a possibility any applicant could be subject to the new rules, though it would require an “evaluation,” but the Pemberton solicitor emphasized, “if an applicant seeks no variance, the planning board would be hard pressed to deny an application,” though he added “it is not impossible.”

“It is not a clear-cut ‘yes’ or ‘no,’” Bayer said.

Tompkins asserted that if council is planning to take any action, “I encourage you to do so quickly,” otherwise the door remains open for other warehousing applicants to come in and file an application based on the current zoning standards.

Dewey asked, “How much did the township pay the engineers and consultants to get us in this mess?”, to which Bayer responded, “That is a loaded question,” one he would have to seek information from administration to answer.

Dewey quipped all the “studies” and “engineers”, as well as the “changing of this and that” have done nothing but to set out to “destroy a beautiful town.”

who worked hard throughout the process” and thanking Veasy for guiding it to a conclusion, adding, “I’m happy we could move forward.”

Following the budget resolution vote, which all the remaining council members praised as the only viable way the township could continue to maintain its current level of service to its residents, one of the few who attended the session, Thomas Demarsey III, asked whether the seven percent tax increase would violate the state’s two percent cap on raising taxes. In response Chief Financial Officer Alex Davidson (who has since left the full-time post but remains as an acting part-time CFO) explained that after three successive years of not being utilized, the cap requirement, which went into effect back in 2010, temporarily “goes away,” according to how the law was written.

Demarsey then delivered the evening’s only real rebuke to those who voted for the measure,

asserting, “I just don’t know where you think people on a fixed income are going to get the extra money to pay these taxes.“ He contended that “seven percent is a lot,” and then accused them of “putting people in a very bad situation” of having to choose between which obligations they would and wouldn’t pay.

The tax hike is expected to generate additional revenues of $4,109,640, Davidson noted when it was introduced at the previous meeting, but would still be considerably below the maximum property tax cap of $5,304,576 allowed by the state. One of the factors that necessitated it, he explained at that session, was Verizon’s no longer being a ratable due to a state law that allows a phone utility to stop paying taxes to a municipality once 50 percent of households in that community drop their landline services, which has translated into a loss of $17.2 million for the township for 2023.

In other business, Township Manager Robert Corrales announced that Evesham had

been awarded a $15,000 grant from the state Department of Agriculture for the eradication of spotted lantern fly nests in its municipal parks in what he called “one of the quickest turnarounds I’ve ever seen.”

Police Chief Walt Miller reported that “a high number of mail thefts” had recently occurred, many of them from the mailbox located behind the Main Street post office, as well as from “streetside” residential mailboxes.

“They wash the checks to create forged documents and then make them appear to be payable to someone else in a greater amount,” he said, and warned residents to be on the lookout for “any suspicious activity” involving mailboxes.

When contacted on Aug. 21, Miller told the Pine Barrens Tribune that the perpetrators had not yet been apprehended and that the investigation was still ongoing.

Page 16 ♦

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