Franklin Township Zoning Board of Adjustment Regular Meeting – June 20, 2024

Date: June 20, 2024, 7:30 p.m. – 10:09 p.m.
Location: 475 DeMott Lane, Somerset, NJ
Presiding: Chairman Thomas
Board Members Present: Cheryl Bethea, Richard Procanik, Alan Rich, Gary Rosenthal, Robert Shepherd, Vaseem Firdaus, Michael Dougherty, Kunal Lakhia
Absent: Joel Reiss, Faraz Khan
Also Present: Eric Bernstein (Board Attorney), Mark Healey (Planning Director), Christine Woodbury (Planning & Zoning Secretary)

The meeting continued the hearing on Levin Properties, L.P. (ZBA-24-00001), a Preliminary & Final Major Site Plan with C and D variances for a four-story, 200-unit apartment building at 940 Easton Avenue (Block 385, Lot 2.07, GB Zone), carried from May 2, 2024.

Consent Calendar

• Minutes of March 7, March 21, and April 4, 2024 – approved unanimously by eligible members.
• Resolutions for ECG New Jersey, Inc. (ZBA-23-00014), Thomas Hauss (ZBA-23-00021), and Arun Doddaghatta (ZBA-24-00005) – each approved by the statutorily eligible voting members.

Public Comments & Testimony

Residents questioned the applicant’s engineer, Mr. Turner, on engineering aspects of the plan. The following individuals spoke (all from Somerset, NJ):

• Arnold Schmidt (134 Hickory Road) – Expressed concern that the project’s Environmental Assessment report (page 9, §5.13) did not consider risks from teens/preteens walking—possibly wearing earbuds—across the two-way driveway to McDonald’s or crossing JFK Boulevard to Marconi Park. He argued a 500-resident building would create more pedestrian–vehicle conflicts than a retail store. Schmidt also attempted to speak on behalf of the Environmental Commission but was informed he needed a formal resolution to do so.
• Cal Hapstead (10 Webster Road) – Asked for the list of future witnesses (architect, traffic expert, planner, etc.) and questioned sewage pipe diameter (8-inch main) and capacity. He inquired whether the applicant planned to contact the Franklin Township Sewerage Authority.
• Elizabeth Tulles (10 Doria Road) – Asked what safety measures were taken for a 200-unit apartment in a strip mall environment. Mr. Turner answered that pedestrian circulation, crosswalks, and ADA ramps were provided.
• Terry Thorsen (18 Lebed Drive) – Highlighted that the K-Mart building produced ~10,000 gallons of effluent, but the proposed project would produce ~40,000 gallons. Mr. Turner said approvals from the Sewerage Authority and NJDEP are required. Thorsen also asked why a 25-year storm system was chosen instead of 100-year; Mr. Turner noted analysis extended to 100-year events but engineering design uses the 25-year standard.
• Cashmera Medun (Spangenberg Lane) – Asked about a pedestrian crossing to Marconi Park (answer: none proposed) and who would maintain the JFK median (answer: public works, not the applicant).
• Kiki Anastasakos (3204 Enclave Circle, Canal Walk) – Asked if Mr. Turner was aware of the 30-year automotive section at K-Mart and potential environmental remediation. Mr. Turner stated any required remediation would be done to residential standards and NJDEP-certified.
• Louise McGoff (27 Bedford Road) – Raised that Easton Avenue is a Grade “F” highway with high fatality rates and asked about traffic mitigation and coordination with Somerset County. Mr. Turner referred to the upcoming traffic engineer testimony.
• John Litraikis (85 Arlington Avenue) – Asked about provisions for children playing and dog walking. Mr. Turner noted sidewalks, open space (10,000 sq. ft. NE corner of parking lot), and interior grassy areas.
• Linda Raimondi (Harrow Drive) – Requested advance notice of which witnesses would testify at future meetings. Chairman Thomas indicated the applicant’s attorney can provide tentative plans at the end of each hearing.
• Katherine Sportack (Larsen Road) – Asked about soil type (Clynesville Loam with moderate drainage) and climate change flooding. Mr. Turner clarified the project reduces impervious coverage from 78.6% to 73.2%, and said drainage plans are reviewed by Township, Soil Conservation District, Somerset County, and the DRCC.
• Alex Strauss (285 Hazlitt Way) – Asked about exceeding stormwater standards, rain gardens, underground water tanks, tree removal (trees will be replaced under a maintenance bond), lack of curbing in front of existing retail (new curbing proposed), truck traffic routing, and potential security fencing. Mr. Turner said many items were not part of the current application.
• Debra Foster (31 Buttonwood Drive) – Asked about amenities in the 10,000 sq. ft. open space (benches, landscaping, possibly farmers market or small events) and school bus pickup delivery. Mr. Turner said bus pickups are coordinated with the Board of Education; the site can accommodate bus movements.
• Vanessa Davenport (Learnington Way) – Asked about truck access from JFK Boulevard. Mr. Turner said trucks can enter from JFK and may need minor roadway widening at the turn.

Discussion Items

1. Continued Engineering Testimony (Mr. Turner of Menlo Engineering) – Mr. Turner answered clarifying questions from the public about pedestrian safety, sewer flows (8-inch main), stormwater management (25-year storm standard, reduction of impervious coverage), and truck turning movements. Mr. Healey asked Mr. Turner to summarize his earlier drainage testimony: the project decreases impervious coverage by 5.4%, provides water quality structures, and requires approvals from NJDEP, DRCC, and Somerset County.

2. Architect Testimony (Mr. David Minno, Minno & Wasko Architects) – Qualified as an expert, Mr. Minno described the design of the 200-unit building (E-shaped to maximize courtyard sunlight), unit mix (61 one-bedroom market rate, 8 one-bedroom affordable, 99 two-bedroom market rate, 24 two-bedroom affordable, 8 three-bedroom affordable – total 40 affordable units, 20%). He detailed amenities: a swimming pool, passive courtyard with fire pits, club room (2,950 sq. ft.), fitness center (1,930 sq. ft.), trash chute and compaction system, fully sprinklered fire safety, and a partial basement with rentable storage. The building height is 46.72 ft. (4 stories). Materials include fiber cement siding, brick base, wood composite panels. The retail façade will be reconfigured from 13 to 17 spaces with a fresh look. The 10,000 sq. ft. green space may host Wi-Fi work areas, small farmer’s markets, or music events. Mr. Minno noted the growing trend of residential-retail synergy (e.g., East Brunswick, New Brunswick, Paramus).

3. Scheduling and Continuation – Due to the length of public testimony, the board decided to start the architect’s testimony that evening and reserve public questions for the next hearing. The board unanimously voted to continue the hearing to August 1, 2024, at 6:30 p.m. (a one-time early start) at the same location, with no further notice required. The next witness will be the traffic expert, and public questions for the architect will begin at that meeting.

Key Outcomes

• All three sets of minutes and three resolutions were approved.
• The hearing on ZBA-24-00001 was continued to August 1, 2024, at 6:30 p.m. (change of time motion carried unanimously).
• The public will have the opportunity to question the architect (Mr. Minno) at the August 1 meeting; after that, the traffic engineer will testify.
• No decision on the application was made; the board will continue to hear testimony and receive public comments.