11102025 PB 25 04 76 Ashland Ave Planning Report 2

Memorandum 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com TO: Township of West Orange Planning Board FROM: Malvika Apte, PP, AICP, Township Consulting Planner Megan Adam, AICP Candidate, Associate Planner RE: Planning Review Memorandum # 2 (HGA Planner Memo # 1) 76 Ashland Avenue Block 62, Lot 22.01 PB- 25-04 Cannabis Conditional Use Approval with Minor Site Plan and bulk (C) Variances DATE: November 10, 2025 _____________________________________________________________________________________________ As requested, we have reviewed the following materials:  Township of West Orange Planning Board Application, dated May 21, 2025, with the following attachments: o Written statement prepared by the applicant, entitled, “Proposal and Reasons for Relief,” undated o 200-Foot Buffer Report for Block 62, Lot 22.01, prepared by the Townshop of West Orange Tax Accessor, dated December 2, 2024  Township of West Orange Site Plan / Subdivision Checklist for PB-25-04, undated;  Township of West Orange Sustainability Checklist for PB-25-04, undated;  Township of West Orange Planning Board Resolution for Application 24-05 (76-82 Ashland Avenue & 10 Park Avenue) granting Conditional Use, C(2) Variance, and Minor Site Plan Approval, decided on April 3, 2024, memorialized April 17, 2024;  Property Survey prepared by Manno Surveying Inc., dated November 29, 2022;  8-sheet Architectural Plan set prepared by Bersa Architects, dated June 30, 2023, and revised through April 30, 2025;  Lighting Plan prepared by Golden & Moran Engineering, LLC, Planning & Design, dated April 30, 2025;  Minor Site Plan, Landscape and Lighting Plan prepared by Golden & Moran Engineering, LLC, Planning & Design, dated April 30, 2025;  Planning Memorandum prepared by Nishuane Group, dated August 19, 2025; and  Engineering Memorandum prepared by Matrix New World, dated August 22, 2025.

Memorandum Page 2 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com 1. Site Description The subject property includes Lot 22.01 of Block 62 in the Township and is located at 76-82 Ashland Avenue. The regular lot includes 126.7’ of frontage along Ashland Avenue, and measures approximately 38,500 square feet / 0.9 acres in area. The property is currently developed with four (4) distinct buildings:  One three-story brick building with an awning along the southern façade (76 Ashland Avenue and the subject of the present application, PB 25-04)  One two-story metal building (the subject of previously approved Cannabis Cultivation application, PB 24-05)  Along the Ashland Avenue frontage, two additional buildings: one two-story frame two-family residential dwelling (80 Ashland Avenue) and one 1-story masonry building operating as a Deli and Grocery store (78 Ashland Avenue). North of the deli building and west of the brick building is a surface parking lot with eight (8) parking spaces. This parking lot is only accessible from Ashland Avenue, and does not provide any access to the remainder of the subject property. A second driveway is located in the western corner of the property, directly east of the dwelling at 80 Ashland Avenue. Site visit photos taken on June 24, 2025, indicated that the remaining sections of the property are unpaved, and include broken sections of asphalt and concrete, gravel, and weeds. Further, chain link fencing separates the rear yards of the deli and dwelling from the unoccupied section of the site, with the three- story brick and two-story metal buildings. This fencing continues, to separate the subject property from the neighboring Lots 32 and 34 of Block 62. The subject property is located within the I-Industrial District of the Township. Surrounding the site is a mix of neighborhood commercial, industrial, and residential uses along Ashland Avenue. Higher density industrial establishments are located along Park Avenue and Spring Street. Further, the property is located one block from the Township’s Downtown Redevelopment Area along Main Street, which promotes mixed- use development and adaptive reuse principles.

Memorandum Page 3 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com 2. Proposed Project: The Applicant, Blue Violet, LLC is seeking a minor site plan and bulk variance approval to rehabilitate/renovate the existing three-story brick building on site and use it as Class 1 Cannabis Cultivation and Class 2 Cannabis Manufacturing Facility. The use is a Conditionally permitted use in the I district and applicant notes, that all the conditions of the use have been met. The application is for a minor site plan. Per LUO section 25-4 Minor Site Plan is defined as Shall mean any development plan of one or more lots that does not involve planned development, any new street, or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42; and proposes development that would require not more than five new parking spaces over and above the existing permitted spaces on the site, pursuant to the Township's zoning requirements; and proposes development of not more than 1,000 square feet of new building floor area. With this proposal, applicant is proposing striping of three new on street spaces. The proposal includes rehabilitation of existing three story building of ±17,341 square feet as Cannabis cultivation/ manufacturing facility and requires 19 parking spaces. There are currently no more than 8 spaces that “exist” on the site. Applicant should confirm the existing number of parking spaces on site. According to the floor plans provided, the existing brick building has a gross floor area of approximately ±17,341 square feet. The proposed floor plans indicate that this ground level will include cannabis manufacturing and processing areas, administrative areas, a mechanical room, as well as a locker room for employees. The gross floor area of this ground level measures approximately 6,103 square feet. The second level of the facility measures approximately 5,622 square feet and mainly includes cannabis flower and veggie rooms. The third level, measuring approximately 5,616 square feet in area, will house additional flower and veggie rooms for the cannabis product. Alterations to the building’s existing façades include weather-sealing windows, the removal of existing skylights, the addition of new lighting fixtures, and various cosmetic changes (e.g., painting).

Alterations to the building’s existing façades include weather-sealing windows, the removal of existing skylights, the addition of new lighting fixtures, and various cosmetic changes (e.g., painting). A new staircase will be added along the rear/northern façade of the facility. Notably, the building’s existing canopy will be used to house HVAC units for the building. Surrounding the canopy will be chain link fencing atop metal fencing, reaching a collective height of 16 feet. Further, a ground-mounted generator is proposed for the facility.

Memorandum Page 4 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com 3. Previous Site Approvals By way of background, the subject site has been part of two hearings before the Planning Board. The previous application PB 24-05, which was heard on February 28, 2024 (denied), and again on April 3, 2024 (approved) for the applicant Yerr Canna, LLC was proposed to retrofit the existing 2-story metal frame building in the southwest corner of the subject property into a Class 1 cannabis cultivation facility. The site was approved for 48 parking spaces. The conditions of approval for that previous application included 22 conditions. The approval was never finalized and the application did not receive a final resolution compliance. The applicant for the current application of 25-04 (Blue Violet LLC) has indicated that 10 of the 22 total conditions which relate to the site (not specifically to the three-story brick building) are incorporated into this current site plan. These relevant conditions from the 24-05/Yerr Canna application are outlined below:  Condition 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.” o The submitted site plan for the current application depicts generators for both the Yerr Canna facility and the proposed Blue Violet LLC. facility, and describes each generator as a “3.6 KW natural gas emergency generator & sound attenuation.” Conformance with State and local requirements is not shown.  Condition 11: “The Electric Vehicle parking space must be operational from the inception of the business.” o The submitted site plan for the current application denotes this space as an “electric vehicle charging station by others.” Applicant should confirm this shall be operational from the inception of the business.  Condition 12: “Applicant shall add additional light poles as may be

ectric vehicle charging station by others.” Applicant should confirm this shall be operational from the inception of the business.  Condition 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.” o A lighting plan has been submitted with the current application, which includes light poles to illuminate the parking area, however as noted the plan does not comply.  Condition 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.”

Memorandum Page 5 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com o The submitted site plan for the current application notes that the 16,500 surface parking lot will be “removed and reconstructed.” This should be confirmed, if this is reconstruction of a new parking lot.  Condition 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.” o The submitted site plan for the current application denotes ADA accessible spaces, compact spaces, and denotes a row of parking for the Yerr Canna building.  Condition 15: “Applicant shall provide emergency vehicle striping to the parking lot pavement.” o A fire lane is included in the submitted site plan for the current application and notes that the “striping and text [will be] in accordance with current international fire codes.”  Condition 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.” o Addressed in the current site plan, see Condition 14 above.  Condition 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.” o The submitted site plan for the current application denotes the driveway from Ashland Avenue as a one-way driveway, and the parking lot as accommodating two-way circulation. The current plan does not describe a two-way ingress-egress across Lots 32 and 34 of Block 62. Further, the aisle widths are not articulated in the submitted plans. This needs to be revised.  Condition 18: “Deliveries and product movement from the facility shall be by the Park Avenue ingress and egress only.” o See comments from Condition 17 above.  Condition 19: “Vehicles may enter from Ashland Avenue only (one way) and may enter on Park A venue but may exit onto Park A venue only.” o See comments from Condition 17 above. A notable condition for the approved application 24-05 includes on-site parking. As the application noted that no more than 10 employees were proposed for the facility, the parking requirement became “at least one (1) total parking space per 1,000 square feet of gross floor area,” per the

pplication noted that no more than 10 employees were proposed for the facility, the parking requirement became “at least one (1) total parking space per 1,000 square feet of gross floor area,” per the standards outlined in §25- 24.2(o) of the Township Ordinance. For the 9,390-square-foot building, a total of 10 parking spaces are required.

Memorandum Page 6 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com Aerial of Subject Property

Memorandum Page 7 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com 4. Zoning Review: The subject site is located I (Industry) District. On the site, the applicant is proposing to convert the existing three-story brick building into both a Class 1 Cannabis Cultivator and Class 2 Cannabis Manufacturer facility. Further, the applicant is proposing to maintain site’s existing two-story residential dwelling and one- story deli shop. As outlined in various sections of this memorandum, the Township’s Planning Board granted approval for the conversion of the fourth building an existing two-story metal building on the site, as a Class 1 Cannabis Cultivator facility (Application 24-05). The approval was granted with 22 conditions of approval, the plan was never finalized. With this application, the site is going to contain another Class 1 Cannabis Cultivator and Class 2 Cannabis Manufacturer facility. In total this site shall contain a total of three Cannabis Class 1 and Class 2 Licenses. Per §25-8.12 of the Township Ordinance, within the I-District, multiple principal uses are permitted on one lot. Further, per Chapter 25, Attachment 2 of the Township’s Ordinance, “Licensed Cannabis Entities” are a permitted conditional use. Conditional Use Requirements: Licensed Cannabis Entities (§25-24.2(b)(2)(o)) Ordinance Requirements Proposed Permitted Districts B-1, B-2, and I Districts I District License Requirement The Licensed Cannabis Entity shall be required to have a Local License pursuant to Chapter 5, Section 5-34 of the Township of West Orange Municipal Code. Proof of the license has not been provided. It is recommended that a copy of this license be provided. Location > 500' from the property line of any school building > 500’ > 500' from the property line of any house of worship > 500’ No Licensed Cannabis Entity shall be housed in a vehicle or any movable or mobile structure Complies. Parking Requirements Cannabis Cultivator or Cannabis Manufacturer with no more than ten (10) employees shall provide at least Applicant to confirm compliance/which spaces are assigned for the current application.