Woodmeier  Farms vs GMNJ and Hunterdon Country Board of Health

Woodmeier Farms vs GMNJ and West Amwell Planning Board

Letter from Leiberman (attorney for Woodmeier) to West Amwell Township Committee

May 15, 2023 Update

TLDR:  They don’t have permits to fully complete construction or begin operations.   

West Amwell Township has issued a permit for interior construction - no exterior work allowed. There are still several outstanding conditions that must be met AND a lawsuit is pending.  The lawsuit challenges the planning board approval on multiple grounds including jurisdiction, alleged corruption and unethical behavior and more. In the meantime, all work performed by GMNJ is at their own risk.

A couple of people have asked about the status of GMNJ’s license. The approval by the Cannabis Commission stipulated that GMNJ must “be fully permitted within 18 months” of the date that their license was awarded - that would have been April 15, 2023.  We don’t know exactly what “fully permitted” means or if CRC gave them an extension.  If we learn more, we will share it.

Details that we know:

Lawsuit filed against the Planning Board:  WoodMeier Farms filed suit in Hunterdon County shortly after Planning Board approval.  Their suit challenges the PB decision on multiple grounds.  The judge recused himself and the lawsuit has now been moved to Mercer County.  That is all we know at this point.

In addition to resolving the lawsuit, GMNJ must get approval from other agencies and meet all the conditions from the Planning Board.  Here is what we know about some of those items.  This is not comprehensive.

Well Testing:  Last we heard, GMNJ has not completed the required draw down well testing and nearby neighbors have not received required notice of the test. Please let us know if you have received a notice.

D&R Canal Commission (stormwater runoff/water quality) - D&R initially approved GMNJ’s application.  The decision was challenged in court arguing that the approved application was missing critical information. D&R Canal has now asked the judge to remand the decision back to them so that they can reopen the application.

Hunterdon County Board of Health (Septic):   Approval was given to use the existing septic system and then rescinded pending a determination by NJ DEP on the proper way to calculate required capacity.  DEP has since allowed GMNJ’s way of calculating volume, putting the issue back to the county. Unless the decision is challenged in court, the GMNJ marijuana factory will be allowed to use a septic system built in 1990 for a church, that has been out of use for years.  

Wetlands Survey from DEP:  You may recall that Meghan Hudson and others argued vociferously and successfully that GNMNJ should be required to get a new wetland survey “LOI” from DEP.  The one on which they wanted to use expired in the 1990’s. GMNJ’s wetland consultant did their investigation and delivered their findings to the NJ DEP.  The NJ DEP disagreed and added additional area of wetlands and buffers. We don’t expect that the increased wetlands will impede the project.

New Road:   NJ DEP approved and then amended the Wetlands permit GMNJ needed to clean out the water retention basin. In their application to the GMNJ supplied plans which included a NEW ROAD which runs through the wetlands.  GMNJ stated multiple times that they were not planning any construction / digging in other areas in areas of the property.   After receiving comments, NJ DEP revised their permit making it clear that the new road has not been approved by NJ DEP.  If they decide to build the new road, GMNJ will need to apply for permission from NJ DEP.

Planning Board approves first West Amwell Cannabis Factory despite vehement objection of many residents

After three long hearings including a Special meeting on July 14th,  at which dozens of residents spoke out against the factory,  the Planning Board voted with a resounding YES to Cannabis in West Amwell.   

Some protections for residents were included 

• Limit to amount of water that can be used.  Meters to be installed but no proactive monitoring by Municipality required.  Applicant would not agree to a bond or guarantee for residents

• Industrial waste water must be trucked away.

• Limit on trucks allowed.  No 18-ft semi and most deliveries and repairs must be done during the day.

• No left turn out of factory 

• Requires applicant to get an LOI from the NJ.  Applicant wanted to use expired LOI that shows wetland buffer near Septic area.  Wetlands change and for this reason NJ Law requires a new LOI after 5 years. This one was 30 years old.  Applicant had sufficient time to apply for new one but failed.  Why and what are they afraid of? 

• Requires applicant to get NJ DEP permit to clean retention basin.  Applicant fought this one too. 

Big misses 

• Allows use of under sized septic.  The Township Engineer is responsible for determining  the expected volume of discharge into the system (in gallons per day).  Board of Heath accepted the numbers provided by the applicant, instead.  This is exactly the opposite of what the Township did when Rago Auction wanted to open at this same facility.  

• No proactive monitoring of odor and no measurable standards for odor

Worth noting 

• Applicant agreed to explore potential for reducing noise below allowable limits.  Planning Board did not require any  reduction below current allowable limits. 

• Non functioning Septic was approved for use by Hunterdon County Board of Health. Lawsuit pending.