Supporting Documentation · Date unavailable
PB-24-05 Yerrr Canna LLC/76-82 Ashland Avenue B: 62 L: 22.01, 32 & 34
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NOW THEREFORE BE IT RESOLVED by the Planning Board of the Township of West Orange that the Applicant has met all zoning conditions for a Licensed Cannabis Cultivator (Micro) and Conditional Use, C2 Variance and Minor Site Plan approval for the application of Yerrr Canna LLC for property located at 76-82 Ashland Avenue, 26 Park Avenue and 10 Park Avenue, is hereby granted with waivers requested as to items #3,4,7, 8,17, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 45, 46, 47, 48, and 52: and IT IS FURTHER RESOLVED that the approval granted to Yerrr Canna LLC is subject to the following terms and conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations, and directives, including without limitation, obtaining all applicable local, state, and federal approvals, or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction but excluding interior renovations, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental land use approvals. Recognizing the unique regulatory scheme for cannabis, the Board expressly recognizes that a final license from the CRC and the Township is a condition precedent to operation of the facility but is not a zoning condition precedent to the signing of plans and associated construction. 2. If another governmental entity or agency grants a waiver or a variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and Page 11 of 15
this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 3. Inthe event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successor or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. 4. All construction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. 5. The Applicant shall pay all outstanding application fees and technical review fees, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of the notification or this approval shall be deemed withdrawn. 6. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. 7. Architectural plans showing the areas of the building to be utilized by employees, delivery persons or any other persons gaining access to the Property shall be provided Page 12 of 15
including hallways and demonstrating appropriate emergency access within the building. 8. The Applicant shall list all conditions of approval onto a final site plan submission prior to the submission of the building permit. 9. Applicant shall install a generator, the location of which must be included on the site plan. Applicant shall provide all necessary design specifications for such a generator, including noise data to demonstrate that the generator will comply with all applicable state and local noise codes, within 30-days of the issuance of a certificate of occupancy, and the installation of such a generator shall not be a condition of zoning compliance or occupancy; however, a generator shall be installed within 90 days of the issuance of a certificate of occupancy. 10. If any of the unused portion of the second floor is to be utilized for any purpose the Applicant must return to the Board for amended site plan approval and review of parking requirements. 11. The Electric Vehicle parking space must be operational from the inception of the business. 12. Applicant shall add additional light poles as may be necessary to comply with the standards of the West Orange Zoning Code and will submit a lighting plan to be approved by the Board Engineer. 13. Applicant shall repave or resurface or patch the parking lot of the Property at the direction and discretion and approval of the Zoning Officer. 14. Applicant shall stripe the parking spaces for use by its employees and label the compact car spaces and properly designate the ADA parking space. Page 13 of 15
15. Applicant shall provide emergency vehicle striping to the parking lot pavement. 16. The seven parking spaces for the grow center shall be reserved for employee parking (including the E.V. space) and appropriate signage should be provided to that effect. 17. The traffic path as to two-way traffic or one-way traffic and aisle width design shall be determined by the Board Engineer and Applicant shall provide any recommended signage to that effect. 18. Deliveries and product movement from the facility shall be by the Park Avenue ingress and egress only. 19. Vehicles may enter from Ashland Avenue only (one way) and may enter on Park Avenue but may exit onto Park Avenue only. 20. Pressure controlled doors shall be installed at the entrance and exit of the cultivation site. 21. Only an address number shall be permitted on the building (no identification signs shall be affixed to the exterior of the building.) 22. Applicant shall provide an emergency contact list with an emergency action plan to the Township Engineer and Chiefs of both the Police and Fire Departments. The undersigned secretary certifies the decision set forth herein was made by this Board on April 3, 2024, and memorialized herein pursuant to N.J.S.A. 40:55D10(g) on April 17, 2024. aquerizo Vite Planning Board Secretary Page 14 of 15
Vote Action Taken by the Board on April 3, 2024: Board Member Motion Second Aye Nay Abstain Absent K. Alper J. Guarino L.Klein S. McCartney C. Morgan P. Smeraldo PA] P< |< |< [6 [OS W. Wilkes W. Rutherford J. Cardoza >< L. Kapferer R. Bagoff 4 Vote on Memorialization on April 17, 2024: Board Member Motion Second Aye Nay |Abstain Absent K. Alper J. Guarino Xx L.Klein S| <1 S. McCartney C. Morgan P. Smeraldo W. Wilkes W. Rutherford J. Cardoza L. Kapferer R. Bagoff Page 15 of 15
File revisions (1)
- Sep 29, 2026
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