After the meeting, on Thursday, Nov. 3, the Hunterdon Review received a notification of intent for legal action by the NAR Group and requesting "automatic approval" of the application for a medical cannabis facility.
A letter from Donna M. Jennings, of Wilentz Attorneys at Law, Woodbridge, stated the NAR Group requesting a “issue a certificate as to the failure of the Lebanon Township Planning board to act on the applicants (NAR Group) application for preliminary and final site plan approval. This request is being made pursuant to section 46c of the Municipal Land Use Law.”
The letter includes a “detailed chronology of actions taken in connection with the application which clearly establishes: (i) the application was complete as a matter of law on July 19, 2022 and (ii) the Planning Board failed to take action by October 22, 2022 (95 days after the July 19, 2022 date of completeness).
"Pursuant to (state law), the Planning Board is required to render a decision within the 95 days of the date of a complete submission. A planning board's failure to act within a 95-day period constitutes a favorable decision to the applicant. Since the Planning Board failed to act, we there request you provide a certificate as required by the statute."