11102025 PB 25 04 76 Ashland Ave Planning Report 2

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.”