PB 25 04 Blue Violet Grow Draft Resolution

RESOLUTION Township of West Orange Planning Board PB 25-04 Blue Violet Grow, LLC 76 Ashland Avenue Block: 62 Lots: 22.01, 32 and 34 Zone: I Decided on January 7, 2026 Memorialized on February 11, 2026 Application for Conditional Use and Minor Site Plan Approval with Bulk (c2) Variances WHEREAS, Blue Violet Grow, LLC (hereinafter the “Applicant”) has made an application for conditional use and minor site plan approvals with bulk (c2) variances for the proposed licensed cannabis cultivation and manufacturing use in an existing three-story commercial building at property located at 76 Ashland Avenue, also known as Block: 62; Lot 22.01, with access through Block 62 Lots 32 and 34, in the I- Industrial zone (the “Application”); and WHEREAS, the Application was set down for a properly noticed regular public hearing conducted on December 3, 2025, and January 7, 2026; and WHEREAS, the Applicant was represented by William C. Sullivan, Esq. of the firm Scarinci Hollenbeck, LLC; and WHEREAS, the Applicant provided expert testimony from Joseph Golden, P.E., and William Moran, P.E. as licensed professional engineers; Gianfranco Sarrido, R.A., as a professional architect; John Barree, as a licensed professional planner, Hector Corchado, as a cannabis security expert and operational testimony from Jennifer Hardell, as a representative of the Applicant; and

2 WHEREAS, the Applicant submitted the following documents to the Board in the form of the application package: ITEM SIGNED BY DATE/REVISION Minor Site Plan, Landscape and Lighting (2 pages) Joseph Golden, PE, PP 11/21/25 Topography Survey Robert L. Cigol, N.J.P.L.S. 7/17/2023 Survey Manno Surveying, Inc. 11/29/2022 Cannabis Cultivation Building Renovation (CS-1.0 and A-1.1 Bersa Architects 4/30/2025 WHEREAS, the Board also considered the testimony and filed review letters of its professionals at the hearing, including review memos dated August 22, 2025 from Phillip Scott, P.E., C.M.E. of Matrix New World, November 26, 2025 from Leonard Lepore P.E. of Matrix New World, and a Planner’s Report by Malvika Apte, PP, AICP, of Heyer, Gruel & Associates (Township Consulting Planner) dated December 1, 2025; and WHEREAS, representatives of the public were provided with an opportunity to pose questions of the Witnesses and also had an opportunity to offer statements in regard to the Application; and WHEREAS, the Board reviewed and considered the Application and the documents submitted therewith, the testimony of the Witnesses and members of the public. 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 Applicant is requesting approval for a conditional use, that being a Class 1 Cannabis Cultivator & Class 2 Cannabis Manufacturer as well as minor site plan approval and c2 variance relief.

3 2. The Property is comprised of portions of three tax lots, which have frontages on Ashland Avenue, Park Avenue and Spring Street. 3. The building proposed to house the Class 1 Cannabis Cultivator and Class 2 Cannabis Manufacturer use is located in the rear portion of Lot 22.01, an L-shaped parcel with frontage on Ashland Avenue. 4. Access and parking for the proposed business is proposed on portions of Lots 32 and 34, utilizing existing driveways on Park Avenue. 5. The area surrounding the subject property is developed with a mix of land uses, including commercial, industrial, and residential uses. 6. The Applicant is seeking conditional use approval for a cannabis manufacturing and cultivation site use as such term is defined by State law, which fits within the definition of a “Licensed Cannabis Entity” by local ordinance. 7. As testified to by the Applicant, the Applicant is seeking to cultivate and manufacture cannabis products and has received a letter of support from the Township Council. 8. One of the goals of the Applicant is to focus on wellness and health and supply local cannabis retailers with cannabis product. 9. The Applicant’s representative, Jennifer Hardell, the founder, owner and CEO of Blue Violet Grow, LLC, testified that cultivation means growing of plants and manufacturing means processing of the plants. The manufacturing end of the business may utilize product from other cultivators. 10. The hours of operation of the business will be Monday through Friday, 8AM to 4PM. 11. No retail sales will occur on the site and there will be no signs advertising the business. 12. No more than 10 employees are expected on the property at any one time.

4 13. Deliveries to the site would be limited to 2-7 per month and would consist of sprinter vans with packages consisting of non-cannabis items such as soil and plastic containers. 14. Outgoing shipments will be approximately two trips per day to take product out in secure vaulted [??] trucks. 15. Waste management to remove cannabis related refuse will be an authorized licensed cannabis waste hauler (with copy of agreement and SOP to be submitted to the Planning Office). 16. Engineer, Joseph Golden PE, testified that in response to the Board’s suggestion, the Applicant eliminated two compact car spaces and the perpendicular space near the fence which reduced the parking spaces on site to 37 which is still in compliance with the required parking. 17. The majority of the drive aisle width is the required 24’; however, there is a small section of the drive aisle near the residence that is 18’ and the Applicant is requesting a variance due to pre-existing conditions. 18. Security expert, Hector Corchado testified that the proposed security plan complies with all of the State requirements under N.J.S.A. 17:30-9.10, 9.11 and 9.12. 19. The Applicant is installing video cameras that will have recording retention of 90 days (where 30 days is required) and they are using enhanced mega-pixel video which works very well in low light. 20. All of the surveillance video is monitored 24 hours a day remotely and will be monitored by Mr. Corchado as the head of security for the site. 21. Every door within the facility will be key fob access only and the key fobs will be assigned to employees as per their level of security clearance.

5 22. There are back up batteries for the system that have up to 72 hours of battery power to keep the system running if there is a power failure. 23. Any contractors necessary to do work at the site will be scheduled and escorted by an employee. 24. The Application requires the following variance relief from the Board: Section Required Existing Proposed §25-12.1 Prohibited Parking Space Location Parking space not permitted within 50 feet of public right- of-way along Ashland Avenue Parking spaces exist within this setback No change (Pre-existing condition) §25-12.1 Prohibited Access Drive Location Access driveways are not permitted within 5 feet of a side lot line Driveway is within this setback No change (Pre-existing) §25-12.1 Insufficient Sidewalks 5-foot-wide sidewalks between any building and parking area No sidewalks No sidewalks §25-14.3 Parking Illumination Minimum illumination required is 1.0 footcandles <1.0 footcandles <1.0 footcandles §25-12.1h. Drive Aisle Width 24 feet 18 feet 18 feet (Pre- existing condition) 25. No signage is proposed other than the numerical address to be mounted on the building. 26. N.J.S.A. 40:55D-67 governs the Board’s review of the application for Conditional Use. N.J.S.A. 40:55D-67a. provides that a zoning ordinance may provide for conditional uses to be granted by the planning board according to definite specifications and standards which shall be clearly set forth with sufficient certainty and definiteness to enable the developer to know their limit and extent. N.J.S.A. 40:55D-67b. provides that

6 the review by the planning board of a conditional use shall include any required site plan review pursuant to N.J.S.A. 40: 55D-37 to 40:55D-59. 27. A conditional use is defined under the MLUL (N.J.S.A. 40:55-D-3) as a use permitted in a particular zoning district only upon a showing that such a use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board. If a planning board finds compliance with the specified standards of the ordinance for the specific proposed conditional use, it will be required to approve the application. Exxon Co. U.S.A. v. Livingston Tp. In Essex Cty, 199 N.J. Super. 470, 477 (App. Div. 1985). 28. N.J.S.A. 40:55D-46.1 is the starting point for consideration of a minor site plan application and provides that “minor site plan approval shall be deemed to be final approval of the site plan.” N.J.S.A. 40:55D-50a is the focal point for consideration of the minor site plan as it provides that final site plan approval “shall” be granted if the detailed drawings, specifications, and estimates of the application conform to the standards of all applicable ordinances and the conditions of preliminary approval. As such, if the application complies with all ordinance requirements, the Board must grant approval. 29. Chapter 25, Section 14.2(b)(2)(o) of the Township of West Orange Municipal Code, as amended by Ordinance #2808-23 adopted on August 22, 2023, sets forth the conditions that are required for a cannabis business as follows: Licensed Cannabis Entities. Licensed Cannabis Retailers and Licensed Medical Cannabis Dispensaries shall be permitted as a conditional use in

7 the B-1, B-2, and I Districts. All other Licensed Cannabis Entities shall be permitted as a conditional use in the I Districts. These conditional uses shall be subject to the following conditions: (1) The Licensed Cannabis Entity shall be required to have a Local License pursuant to Chapter 5, §5-34 of the Township of West Orange Municipal Code. (2) No Licensed Cannabis Entity, except a Pre-Approved Entity at its originally approved location, shall be located within five hundred feet (500’) from the property line of any property with any school building. (3) No Licensed Cannabis Entity, except a Pre-Approved Entity at its originally approved location, shall be located within five hundred (500’) feet from the property line of any property with a House of Worship, as defined under Chapter 25, Section 4. (4) All Licensed Cannabis Entities shall comply with the following Parking Requirements for Nonresidential Uses: (i) License Cannabis Retailers shall comply with the minimum required number of parking spaces for Retail Stores and personal service stores or studios not separately listed; and (ii) all other Licensed Cannabis Entities shall comply with the minimum required number of parking spaces for Light industrial, laboratory and research uses except that a Cannabis Cultivator or Cannabis Manufacturer with no more than

8 10 employees shall provide at least one total parking space per 1000 square feet of first floor area. (5) No Licensed Cannabis Entity shall be housed in a vehicle or any movable or mobile structure. (6) No Licensed Cannabis Entity shall be allowed to operate as a Home Occupation. (7) Any signage for a Licensed Cannabis Entity shall be subject to the approval from either the Planning Board or the Zoning Board of Adjustment under the guidelines and standards governing commercial signs as set forth within the Township Municipal Code. (8) A Licensed Cannabis Entity shall meet all of the required security measures as set forth in Chapter 5, Section 34 of the Township of West Orange Municipal Code. (9) Cannabis Consumption Areas, as defined in the New Jersey Cannabis Regulatory Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq., shall be prohibited from all License Cannabis Entities. 30. The Applicant received a Resolution of Local Support from the Township as set forth in Resolution 357-24 on December 10, 2024; and on July 13, 2022, received a Conditional License from the New Jersey Cannabis Regulatory Commission as a Class 2 Cannabis Manufacturer and a Conditional License from the New Jersey Cannabis Regulatory Commission on July 29, 2022, for a Class I Cannabis Cultivator. 31. In addition, the testimony provided by Applicant at the hearing and the certified list of properties within 200 feet of the Property establish that the location of the proposed cannabis entity is not within 500 feet of the property line of any property with any

9 school building or within 500 feet from the property line of any property with a House of Worship. 32. Only 10 employees maximum are permitted at the proposed cultivation facility by formula established by State statute pertaining to micro cannabis cultivation and manufacturing facilities and West Orange Ordinance 2852-24 states that the Applicant must provide one space for every 1000 square feet of gross floor area which in this case requires a total of 19 parking spaces and a total of 37 spaces for all of the uses on the property. The Applicant is providing 37 parking spaces on site. 33. N.J.S.A. 40:55D-60 permits a Planning Board to grant variances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a “d” variance as part of site plan review. The variance proofs are the same as for “c” variances as set forth in N.J.S.A. 40:55D-70. A c (2) variance may be granted when the purposes of zoning are advanced and the benefits of deviating from the ordinance requirements outweigh any detriments. The benefits derived from granting a “c (2)” variance must include benefits to the community as a whole, not just the applicant or property owner. A “c” variance must address the “negative criteria,” and affirmatively demonstrate that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the municipality. 34. Applicant’s planning expert, John Barree, PP, testified that as to the variances being requested, all are pre-existing conditions (parking space closer than 50 feet of public right-of-way for the deli, access driveway within five (5’) of a side lot line and eighteen

10 (18’) foot drive aisle in the section near the residence, are pre-existing conditions not being expanded by the proposed application. 35. As to the variance requested for illumination less than the required 1.0 foot candles, Applicant presented planning testimony to establish that the reduced footcandle illumination is supported as a c(2) variance as it satisfies purposes a (promotes the general welfare because the neighboring property in the area where the lower lighting is located is a residential home and the security cameras are designed to work in lower lighting areas), g (is identified by the Code as an appropriate location for a Cannabis manufacturing and cultivation site), h (is an improvement on circulation), and m (is a more efficient use of the property) under the M.L.U.L. 36. Applicant’s planner also testified that the reduced foot candle section of the parking lot will have no negative impact and will not adversely affect the Zone plan. 37. The Applicant is also improving the site by reducing the impervious coverage by 1.5% from 99.5% to 98%. 38. The CRC (Cannabis Regulatory Commission) mandates that cannabis cultivators maintain and update their security plans and the CRC does periodic inspections to ensure that such security plans are followed and up to date. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. This application meets all the zoning conditions for a Licensed Cannabis Cultivator as set forth in the Township of West Orange Land Use Regulations Ordinance, §25-24.2b.(o), as amended by Ordinance #2808-23.