Franklin Township Board of Adjustment Meeting - September 19, 2024

The Franklin Township Board of Adjustment met on September 19, 2024, to consider one continued application and hear two variance applications, both of which were approved unanimously. The meeting was held at 475 DeMott Lane.

Discussion Items

Levin Properties, L.P. (ZBA-24-00001)

• The application for a preliminary and final major site plan with C variances to construct a 4-story apartment building at 940 Easton Avenue, Somerset, was carried to the October 17, 2024 meeting with no further notification required. The October meeting will be held at 475 DeMott Lane at 6:30 PM (not the usual 7:30 PM).

Carl Bampoe-Parry (ZBA-24-00014)

• The applicant sought a C variance to build a one-story addition and patio at 19 Montrose Avenue, Somerset. The agenda lists a 505 sq ft addition, while the transcript states 565 sq ft (discrepancy noted); the patio is 162 sq ft. Variances required for building coverage (max 20%, proposed 26.44%), impervious coverage (max 30%, proposed 39.94%), and rear setback (required 40 ft, proposed 31 ft).
• The applicant explained the addition is needed to accommodate elderly parents and college students returning home, providing a ground-floor bathroom and breakfast area. Board members questioned whether removing the patio or existing concrete behind the shed could reduce impervious coverage. The applicant indicated the patio could be eliminated, but that would still leave the impervious coverage variance unmet. The applicant preferred to keep the patio.
• The board voted unanimously to approve the application, including the patio, after confirming proper notice and no public opposition.

Marvel Builders, LLC (ZBA-24-00008)

• The applicant proposed to demolish an existing non-conforming single-family home and construct a new two-family townhome at 5 Delar Parkway, Franklin Park. Variances were needed for front yard setback (required 35 ft, proposed 25 ft) and rear yard setback (required 50 ft, proposed 47.8 ft) due to the lot's unusual shape: it is wider (237.96 ft) than deep (107.83 ft, required 200 ft).
• Architect William Duran described the two units (each ~2,300 sq ft, four bedrooms, three baths, two-car garage). The planner, Paul Richie, testified that the proposed building coverage (10.5% vs max 20%) and impervious coverage (16.3% vs max 40%) are well under limits. He argued the design is a better zoning alternative than a conforming building that would be extremely narrow and out of character with the neighborhood. The planner also noted the lot's depth creates a hardship (C1 variance) and the proposal improves zoning (C2).
• The board discussed conditions: the loft area (labeled as such) shall not become a bedroom; a maintenance agreement for common property (shared wall, roof) must be recorded; compliance with sewer authority requirements (separate connections, existing line disconnected); tree survey to be provided; and the board waived the environmental commission's recommendation for pervious pavers, citing long-term maintenance issues for homeowners.
• The applicant agreed to all conditions. The board voted unanimously to approve.

Key Outcomes

• Levin Properties: Continued to October 17, 2024 at 6:30 PM.
• Carl Bampoe-Parry: Approved unanimously (6-0) with the patio included.
• Marvel Builders, LLC: Approved unanimously (6-0) with conditions including a maintenance agreement, no extra bedrooms, compliance with review comments (except pervious pavers), and tree survey submission.
• No public comments were received for either hearing.