Real Estate and Land Use

Client: Belly Rubs Senior Dog Sanctuary, Inc. 

Entity: Zoning Board of Adjustment for the Township of Evesham

Attorney: Alan P. Fox, Esq.

**Results may vary depending on your particular facts and legal circumstances**

On November 17, 2025, the Zoning Board of Adjustment for the Township of Evesham approved the application filed by our client,  Belly Rubs Senior Dog Sanctuary, Inc. for Minor Site Plan with bulk variances and submission waivers for the property located at 175 Taunton Lake Road, Marlton, New Jersey 08053.  Belly Rubs is proposing to convert an existing dog kennel into a dog sanctuary (shelter) for the residency and adoption of older dogs, as an overflow for local dog shelter.  Previously, the Evesham Zoning Board approved our application for a use variance to permit the proposed dog shelter at the site.

The proposed senior dog shelter represents a compatible recreational use that preserves the essential character of the pinelands environment. The approximate 10-acre site includes mature woodlands, a stream, large grass areas and seclusion from traffic and noise. The proposed interior renovation will include new housing for up to 50 senior dogs. Adoptions will be available by appointment only.

Belly Rubs Senior Dog Sanctuary, Inc. is a 501(c)(3) non-profit safe haven for homeless senior dogs. Its mission is to provide a calm, restful retreat for older dogs that have been lingering in local animal shelters. Removing these dogs from overcrowded shelters accomplishes two things: senior dogs will be placed in a quieter, more serene location while they await for their new adopted homes and their relocation opens more kennel space in area shelters for adoptable, younger dogs.

Client: Starlight Cannabis, LLC 

Court/Entity: Wrightstown Land Use Board

Attorney: Alan P. Fox, Esq.

**Results may vary depending on your particular facts and legal circumstances**

In August 2025, the Wrightstown Land Use Board granted our client, Starlight Cannabis, LLC (“client” or “applicant”), conditional use approval for a cultivation facility, as well as site plan approval with c (2) bulk variances, including a variance from the buffer requirement along the northern property line, the parking requirements, and the height of proposed sound wall around the HVAC equipment. At the Land Use Board hearing, the Applicant offered testimony in support of the application by a civil engineer, professional planner, cannabis consultant, acoustic engineer and a representative explaining the proposed cannabis cultivation operation and security systems. This team effort led to a unanimous vote of approval by the Land Use Board.

The proposed cannabis cultivation business is a permitted conditional use in accordance with Section 53-2(b) the Code of the Borough of Wrightstown. The Applicant proposes to operate the cannabis cultivation business exclusively indoors in the existing Building with a closed loop air filtration system. The Applicant proposes no growing or other cultivation activities outside the facility and all cannabis products will be stored inside the Building. Any cannabis waste will be removed by a green waste disposal operator in accordance with applicable laws and regulations. The Applicant proposes to operate the cannabis cultivation business from 10:00 am to 6:00 pm, 7 days per week. However, shipping, delivery and distribution will be limited to 8:00 am to 5:00 pm as required under Section 53-7(e) of the Code of the Borough of Wrightstown.

The Applicant proposes an exterior enclosed mechanical area at the Property for six proposed HVAC units and 1 fluid cooling system. The enclosure was designed by the acoustic engineer and architect to buffer any noise to meet the local noise ordinance. The Applicant engaged a security consultant to design and install the appropriate security systems, alarms and cameras necessary to operate the proposed cannabis cultivation business. The Applicant proposes scheduled deliveries to eliminate any traffic issues and for security purposes.

The New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, N.J.S.A. 24:61-31 et seq. (the “Personal Use Act”) legalizes the cannabis cultivation business in New Jersey. The New Jersey Cannabis Regulatory Commission conditionally approved the Applicant’s application for a state license related to the operation of class #1 cannabis cultivation business at the Property.

Client: Earthborne, Inc.

Court/Entity: Burlington City Joint Land Use Board

Attorney: Alan P. Fox, Esq.

**Results may vary depending on your particular facts and legal circumstances**

In July 2025  the Joint Land Use Board for the City of Burlington granted  the application filed by our client – 204 246 Route 130, LLC – for a Preliminary and Final Major Site Plan with bulk variances and waivers for the property located at 204 and 246 W. Route 130 North, Burlington City, New Jersey (the “Property”) for the following project: The site is suitable for the approved and proposed dealership to be operated by Earthborne, which primarily sells large equipment to support construction and landscaping and related equipment( “Proposed Use”). The City of Burlington Joint Land Use Board/Zoning Board previously granted the Applicant’s prior application for a use variance for the Proposed Use at a public meeting held on June 26, 2024 and a memorializing Resolution adopted on August 28, 2024.

The Proposed Use will be a lower intensive use than the previous car dealership, with lower traffic generated. Most equipment will be delivered to the Applicant’s customer’s site, with some assembling proposed at the Property. All major repairs will be performed at the applicant’s PA location, with proposed customary and normal repairs at the Property. Most sales are proposed to be performed remotely. Generally, customers schedule appointments for any live visits. The hours of operations that would not conflict with the enjoyment of the adjacent residential uses to the south.