PB-24-05 Yerrr Canna Block: 62 Lot: 22.01; 32 & 34 (Extension of Time Approval)

RESOLUTION Township of West Orange Planning Board PB 24-05 Yerrr Canna LLC 76-82 Ashland Avenue; 26 Park Avenue & 10 Park Avenue Block: 62 Lots: 22.01; 32 & 34 Zone: I Decided on April 15, 2026 Memorialized on May 6, 2026 Extension of Time for Previously Granted Conditional Use, C2 Variance and Minor Site Plan Approval WHEREAS, Yerrr Canna LLC (hereinafter the “Applicant/Developer”) received approval for conditional use, C2 Variance and minor site plan approvals by Resolution adopted on April 17, 2024 for a Licensed Cannabis Cultivation (Micro) use in an existing two-story commercial building at property located at 76-82 Ashland Avenue, also known as Block: 62; Lot 22.01, with access proposed through property located at 26 Park Avenue and 10 Park Avenue, also known as Block 62; Lots 32 and 34 (the “Property”), in the I- Industrial zone (the “Application”); and WHEREAS, a properly noticed public hearing on the Application was conducted on April 15, 2026, at which members of the public were provided the opportunity to ask questions and make comments on the Application; and WHEREAS, Applicant was represented by Kenneth D. McPherson, III, Esq. of FBT Gibbons LLP; and WHEREAS, pursuant to N.J.S.A. 40:55D-46. 1c. the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval; and WHEREAS N.J.S.A. 40:55D-46.1c also states “the planning board shall grant an extension of this period for a period determined by the board but not exceeding one year from

what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued approvals; and WHEREAS, pursuant to N.J.S.A. 40:55D-46. 1c. the applicant/developer applied for the extension via letter dated April 10, 2026, such date being before the expiration date of the previously granted approvals; and WHEREAS, this being Applicant’s first request for a one-year extension for the approval adopted by the Board on April 17, 2024, to extend the approvals for one year or until April 17, 2027; and WHEREAS, the Applicant having submitted a letter detailing the reasons for a request for an extension of time presented by the Applicant’s attorney; and WHEREAS, Applicant having appeared before the Board to further detail the reasons for the requested extension of time; and WHEREAS, the Board reviewed and considered the request for an extension of time documents submitted therewith; NOW THEREFORE, the Board makes the following findings of fact, based upon the evidence presented at its public hearing, at which a record was made: 1. The extension of time is requested due to the length of time required to obtain the orderly review and resolution of a separate, contemporaneous application for development affecting the same property (Blue Violet Grow, LLC PB-25-04 memorialized February 11, 2026) . 2; The companion application involved related cannabis uses within a separate existing building on the property and required coordination between the parties to ensure the consistency between both approvals to avoid conflicting development rights, operational constraints, or site obligations applicable to the property. 3y Applicant requests an extension of approvals from April 17, 2026 to April 17, 2027. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1, N.J.S.A. 40:55D-46.1c. provides that a planning board shall an extension of minor site plan approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable

all an extension of minor site plan approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or

prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursed approvals. 2. Chapter 25 §25-48.10 of the Township of West Orange Code provides that for good cause shown and upon written application, the Planning Board may extend the time period for limits set forth in this section. NOW, THEREFORE, be it resolved by the Planning Board of the Township of West Orange that an extension of time is granted for the approvals previously given for approval for conditional use, C2 Variance and minor site plan for one year from the date of the expiration of the previous approval or until April 17, 2027. ADOPTED: 5/6/2026 Ade Jamilet C. Baquerizo Vite Planning Board Secretary Vote Action Taken by the Board on April 15, 2026:

Board Member Motion Second Aye Nay Abstain Absent K. Alper J. Guarino L. Klein S. McCartney S. Scarpa C. Morgan F. Noborine >< [>< | >< | >< | >< | >< | >< W. Wilkes L. Kapferer J. Cardoza R. Bagoff Vote on Memorialization on May 6, 2026: Board Member Motion Second Aye Nay Abstain Absent K. Alper J. Guarino L. Klein S. McCartney S. Scarpa C. Morgan F. Noborine >< | >< | >< | >< | >< | >< | >< W. Wilkes L. Kapferer J. Cardoza R. Bagoff