Franklin Township Council Special Meeting on Warehouse Zoning Ordinance - July 19, 2022

The Franklin Township Council held a special meeting on July 19, 2022, primarily to conduct a public hearing and vote on Ordinance No. 4371-22, which amends the township code to restrict warehouse development in the Business and Industry (B-I) zone by requiring a 500-foot buffer from residential zones and other conditions. After hearing extensive public testimony, the council voted unanimously (8-0) to adopt the ordinance.

Public Comments & Testimony (Ordinance Hearing)

• John Kaplan (attorney for MCS Franklin 2, PES Franklin 2, LLL 46 LLC, owners of 163 Weston Road) submitted a letter opposing the ordinance, arguing it would harm property owners who had relied on prior zoning.
• Peter Steck (professional planner for the same property owners) stated the ordinance is misleading because it eliminates the ROL zone without mentioning it in the title, is inconsistent with the master plan (2006 and 2020), lacks justification for zone changes, and constitutes reverse spot zoning.
• Robert Schmidt (539 Elizabeth Avenue) expressed concerns about increasing truck traffic from warehouses, citing counts of 24 semis on May 12 and 63 on July 15 on Elizabeth Avenue. He highlighted noise pollution, air pollution from diesel, and public safety risks, and urged the council to disallow further warehouses.
• Francis P. Lindis (attorney for Northern Nurseries, Inc., owner of 487 Elizabeth Avenue) argued the ordinance is legally defective and inconsistent with the master plan, which had consistently recommended light industrial zoning for the area. He noted the property had been in industrial zones (M1, B-1) since the 2020 rezoning.
• Kiki Anastasicus (3204 Enclave Circle, Canal Walk) supported the ordinance but questioned if it is too little too late, given pending applications and a 20-day grace period. She also asked about the success of the 2020 B-1 zone merger in reusing empty corporate buildings.
• Luke Pontier (attorney for Woodmont Industrial Partners, contract purchaser of Northern Nurseries property) opposed the ordinance on equity and policy grounds. He noted Woodmont had invested substantial sums in due diligence and submitted plans after receiving feedback from township officials. He argued the property is in an established industrial corridor with access to I-287 and that the ordinance is rushed and inequitable.
• Marlon Kwan (28 J's Corner) expressed support for the ordinance, stating that professionals opposing it are motivated by money, while residents value quality of life. He applauded the council's prompt response.
• Grisel Diaz (veteran, 433 Vanderbilt Avenue) raised concerns about water pollution, ecosystem displacement, noise affecting her husband's PTSD, and safety at the Hamilton/Vanderbilt intersection (over 10 accidents). She urged the council to consider human impact over algorithms.
• Frank Vitolo (attorney for Heller Industrial Parks) argued the ordinance was flawed: it skipped a master plan re-examination, lacked a traffic study, ignored property owners, used an arbitrary 500-foot buffer, and relied on a draft state planning report not yet final. He urged tabling the ordinance.
• Matt Seckler (engineer/planner for Heller) noted the ordinance fails to reflect prior master plan recommendations and that many Heller properties are at least a mile from residential zones via industrial roads. He argued the proximity rule unfairly makes ideal properties non-conforming.
• Steve Toth (1030 Hamilton Street) asked for clarification about the B-I zone and the 500-foot condition. He was informed that if conditions aren't met, a use variance would be required, and residents within 200 feet would get notice but the board would decide based on law.
• John Lowpresti (22 Payne Way, Canal Walk) thanked the council for engaging with the community and asked them to remember the human factor in their decision.
• Fred Boglisi (attorney for Torsial organization, owner of 1-3 Executive Drive) requested a carve-out for properties north of I-287, arguing the area has no residences and is close to the highway. He noted his client's office space is 80% vacant and redevelopment as warehouses would bring ratables.
• Jan Brandt (22 Bryant Court) supported the ordinance, arguing warehouses should not be near homes, schools, wetlands, or scenic corridors. She noted the 24/7 operation of warehouses degrades quality of life and property values.
• Adi Bamboa Lajitan (5 Shannon Court, a physician) supported the ordinance but said it doesn't go far enough. He noted existing factories near his home cause noise and air pollution. Council clarified the ordinance does not affect existing uses but restricts expansion.
• Dennis McConnell (agent for Torsial properties) explained that based on the 2020 zoning, they emptied office buildings (down from 23 tenants to 3) to prepare for warehouse development, and the ordinance pulls the rug out, leaving vacant buildings.
• Dina Lux (51 Patriots Way) applauded the council for listening to residents and supporting the ordinance, stating that hearings in summer allowed snowbirds and seniors to attend.

Public Comments & Testimony (General Public Discussion)

• Percy Sanders (2 Evergreen Road, Somerset Community Action Program) requested financial support for youth, senior, and lower-income programs, noting a $28 million surplus.
• Benjamin Carl (35 Patent Drive) highlighted community events and criticized the council for poor planning and lack of community development, urging accountability.
• Carla Bisser (Somerset) thanked the council for passing the ordinance and asked for further steps to regulate diesel pollution from trucks.
• Rui Goods (600 Eastern Avenue) decried the lack of affordable housing, youth center programming, and apprenticeship opportunities for youth.
• Grisel Diaz (again) requested lowering the speed limit on Hamilton Avenue due to accidents and proposed a tree-planting program to mitigate pollution.
• Jim Johnston (34 ____ Place) thanked the council for passing the ordinance and raised concerns about the zoning board process being rigged against residents who cannot afford lawyers.
• Darnell Johnson (1534 Chestnut Street, South Plainfield) urged the council to implement mentoring programs for at-risk youth, sharing his own transformation from a former inmate to a public speaker.
• Jan Brandt (again) again thanked the council and expressed optimism about the scenic corridor overlay protecting Mettler's Road. She asked whether a developer on a scenic corridor must resubmit applications; council said no, but substantive review will ensure compliance.
• Terry Thorston (18 Labed Drive) asked about the next master plan revision (expected 2024) and how to gain input. He sympathized with property owners but emphasized quality of life and argued the township should attract unique businesses rather than follow the trend of warehouses.

Discussion Items

• The council briefly discussed a motion to move the ordinance hearing before general public discussion, which passed by voice vote.
• The council clarified the definition of a complete application under municipal land use law, noting that the ordinance applies to all future complete applications after it goes into effect.
• The township attorney noted that if notices of protest from property owners representing 20% of a zone are valid, a six-vote majority would be required; however, the unanimous 8-0 vote made this moot.

Key Outcomes

• Ordinance 4371-22 adopted (8-0 roll call: Councilman Embarrison yes, Councilwoman Francois yes, Mayor Kramer yes, Councilman Onijaka yes, Councilmember Patasnik yes, Deputy Mayor Purit yes, Councilwoman Edine yes, Councilman Vassanella yes, Councilman Wright yes). The ordinance amends the zoning code to restrict warehouse development in the B-I zone by requiring a 500-foot buffer from residential zones and making warehouse use conditional, thereby preventing new warehouses that do not meet the condition.
• The meeting was adjourned after general public comments.