Edison Township Zoning Board of Adjustment Regular Meeting – October 14, 2025

This meeting of the Township of Edison Zoning Board of Adjustment was held on October 14, 2025, beginning at approximately 4:00 PM (though public session started in the evening). The board heard four applications: a vote on a previously heard case, a bulk variance for a residential addition, a correction of a floor area ratio error, and a use variance for a house of worship. The board also entered a brief closed session to discuss pending litigation (Care One case Z46-2017).

Public Comments & Testimony

• Sacred Foundation (3880 Park Ave) – House of Worship Use Variance: Multiple residents within 200 feet (Park Gate community) and beyond testified. Opponents cited traffic safety, inadequate parking, potential for larger gatherings, and an existing reciprocal easement agreement limiting access to Park Gate Drive. Specific concerns: a double yellow line on Park Avenue (though clarified by the applicant's traffic expert that left turns across double yellows are legal), 16 accidents on Park Avenue between December and June, and a mosque nearby that has generated unanticipated traffic. Opponents argued the applicant's claim of 40–50 congregants per day was understated given 600 members on the website and 25 events in two years. Supporters, including a young girl and several residents of the same faith, emphasized the peaceful nature of worship, the small congregation, and the need for a local temple dedicated to the deity Vittal. They noted the current temple in Lyndhurst requires a 1.5-hour drive and that the congregation is limited to a specific Marathi-speaking community. The property manager of Park Gate Condominium Association testified that adding any traffic to the single exit (only 5 cars can fit at the light) would exacerbate safety issues for over 700 cars and many children.

Discussion Items

• Case Z46-2017 – Closed Session: The board briefly entered closed session to discuss pending litigation (Care One case). No public details were provided.
• 1829-1837 Lincoln Highway – Vote Only (Asian Fresh of Edison LLC): The applicant's attorney, David Himmelman, presented no new testimony. The board voted on a previously heard application. Conditions included: refuse pickup between 7 AM and 9 AM, deliveries between 7 AM and 9 PM, no trailers, and signage that parking is for the shopping center only. The Chairman recommended the applicant petition the council to change the neighborhood to resident-only parking 24/7. Approved unanimously.
• Case Z22-2025 – Nanashwar Swanty (17 Church Hill Road): The applicant, a 38-year resident, seeks a bulk variance (building coverage 22.39% vs. 20% max) to add a 413 sq. ft. first-floor bedroom and fully handicapped bathroom for aging in place. The architect testified the addition is behind the garage, no other variances are needed. No public testimony. Approved unanimously.
• Case Z-382023 – Shinoi Construction (12 Moisey Place): Correction of a technical error in the previously approved FAR (0.48 vs. actual 0.52). The same building (three one-bedroom units, garages, unfinished basements) is unchanged. No public testimony. Approved unanimously.
• Case Z8-2025 – Sacred Foundation (3880 Park Ave) – Use Variance for House of Worship: This was a continuation from August 26, 2025. The applicant seeks to use 2,800 sq. ft. of a 65,000 sq. ft. building in an RI (Restricted Industrial) zone for a temple. The applicant's traffic engineer, John Ray, testified that using Park Gate Drive as an exit only (as recommended by the police sergeant) would add only 6 cars during the peak afternoon hour (an increase of 0.3% of traffic volume). The applicant's attorney argued that the reciprocal easement allows the tenant (as successor/assign) to use the driveway. The Park Gate Condominium Association's attorney, Mr. Crest, objected, stating the easement limits use to the owner's executive staff and is not assignable to tenants. The board's attorney, Ms. Shaw, opined that the board need not decide the contractual dispute. The board also discussed lighting, parking, and the absence of food preparation. After extensive public testimony, the board voted.

Key Outcomes

• Case Z46-2017: No public action taken after closed session; the board returned to public session.
• Case at 1829-1837 Lincoln Highway: Approved unanimously (7-0). Conditions include refuse pickup 7-9 AM, deliveries 7 AM-9 PM, no trailers, and parking signage.
• Case Z22-2025 (17 Church Hill Road): Approved unanimously (7-0).
• Case Z-382023 (12 Moisey Place): Approved unanimously (7-0) to correct the FAR error.
• Case Z8-2025 (3880 Park Ave): Approved on a 5-2 vote (Mr. Chabra and Mr. Cerrito voted no). Conditions: Use Park Gate Drive as exit only (no entrance), hours of operation Monday-Friday 7 AM-12 PM and 4 PM-8 PM, Saturday and Sunday 7 AM-8 PM, no food served on site, no parking on other sites, no large events or holidays on site, compliance with engineering and planner reports, and no loading docks. The south driveway to Park Avenue will be used for ingress. The board did not require a gate due to the landlord's refusal.