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OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Franklin Township Board of Adjustment Meeting - January 16, 2025

Zoning Board of Adjustment — Thursday, January 16, 2025
BodyFranklin Township, New Jersey
SessionZoning Board of Adjustment
DateThursday, January 16, 2025
StatusFILED
Video Record
0:00 / 1:51:53

Original source
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0:00

Meeting of January 16th, 2025.

0:03

In accordance with the Open Public Meetings Act PL 1975, Chapter 231, adequate notice of this regular meeting of the Board of Adjustment of the Township of Franklin has been provided.

0:14

Board members, applicant, and professional members of the public, please speak directly in the microphones so that our recording secretary can properly process minutes.

0:24

Applicants and professionals, please fill out the sheet on the table when you've completed your testimony.

0:34

We have to swear at somebody.

0:37

Did you do that already?

0:38

No, I have not done that already.

0:40

I have to swear it's I have to swear it's somebody.

0:43

I haven't sworn in anybody all day long, so we're gonna get it in.

0:47

Looks like just Alan.

0:49

Right.

0:50

After you're done signing your life away.

0:53

Raise your right hand.

0:54

No, because the other two aren't here.

0:56

Place your left hand on the table.

0:58

You hear me?

0:59

Okay.

1:01

Place the left hand on the table, put your right hand up.

1:05

I state your name.

1:06

Hi, Alan Rich.

1:07

Do you solemnly swear?

1:08

You solemnly swear.

1:09

That I will support the Constitution.

1:11

I will support the Constitution of the United States.

1:13

Of the United States.

1:14

And the Constitution.

1:15

And the Constitution.

1:16

Of the State of New Jersey.

1:17

State of New Jersey.

1:18

And then I will bear true faith and allegiance.

1:20

And I will bear true faith and allegiance.

1:21

To the same.

1:23

And the government's established.

1:24

And the government's established.

1:25

In the United States.

1:26

In the United States.

1:27

And in this state.

1:28

And this state?

1:29

Under the authority of the people.

1:30

Under the authority of the people.

1:32

And that I will faithfully.

1:33

And then I will faithfully and partially.

1:35

Impartially.

1:35

And justly perform.

1:36

And justly perform all the duties.

1:38

All the duties of the office.

1:40

Of the office, a board of adjustment, regular member, a board of adjustment, regular member.

1:44

According to the best of my ability.

1:46

According to the best of my ability.

1:47

So help me God.

1:48

So help me out.

1:48

Congratulations.

1:50

Congratulations.

1:51

Okay.

1:52

Welcome back again for another four years.

1:54

48 years.

2:00

Moving to the discussion part of the agenda.

2:03

Do you want me to call roll call?

2:05

Oh, I guess we should have the roll call first.

2:08

Cheryl Bethiah here.

Discussion Breakdown — Share of Meeting
Zoning Regulations█████████████████████████████████████37%
Pending Litigation███████████████████████23%
Procedural██████████████████18%
Land Development█████████████13%
Fire Safety███████7%
Historic Preservation██2%
Summary of Proceedings

Franklin Township Board of Adjustment Meeting - January 16, 2025

The Franklin Township Board of Adjustment held a regular meeting on January 16, 2025, at 12:30 PM ET. The meeting included the swearing-in of members, a discussion and vote on an extension of time for a prior approval, and a hearing on an application for a pre-existing nonconforming use determination. The board granted a one-year extension of preliminary site plan approval and carried a separate application to allow additional evidence gathering.

Oath of Office & Roll Call

  • Alan Rich was sworn in as a regular member for a new term (noted as 48 years of service). Faraz Khan arrived later (7:34 PM) and was sworn in after the first item. Shubhendu Singh was excused. Kunalakia was not present.
  • Roll call members present: Cheryl Bethiah, Richard Procanic, Alan Rich, Gary Rosenthal, Faraz Khan, Frankl Darty (not clear), Robert Thomas, Robert Shepard. Kunalakia absent, Subhindus excused.

Discussion Items - Extension of Time

  • Dada Bhagwan Vignan Institute / ZBA-19-00040: Attorney representing the current owner (Dawah Center, Tawid Dalba Center, which purchased the property from Dada Bhagwan) requested a one-year extension of preliminary site plan approval granted three years prior. The applicant cited delays due to need for new plans (including a canal approval) and lack of information from the previous developer. The board clarified that the extension applies only to the preliminary approval, not a new application. After a motion and amendment to set a deadline of January 16, 2026, the board voted unanimously (7-0) to grant the one-year extension.

Hearings - Pre-existing Nonconforming Use Determination

  • 13 Essex E Orange LLC / ZBA-24-00018: Applicant Jared Sutton (sole member of LLC) seeks confirmation that 264 Girard Avenue, Somerset (Block 300, Lots 62 & 63, R-15 zone) is a legal three-family dwelling as a pre-existing nonconforming use. The property was purchased in October 2023. Applicant testified that he lived on Girard Avenue from 2005 to 2019 and observed multiple tenants; the former owner (Belinda) stated it had been a three-family since the 1960s. A fire inspection application in September 2023 indicated a two-family dwelling. The applicant's expert, David Beekus (building inspector), testified that based on electrical meters (three Square D XO series, last produced 1955), large basement windows, multiple entrances, three kitchens (one with removed cabinets), and other physical evidence, the house was built as a three-family in 1953, prior to the 1958 zoning change to single-family. The board discussed the burden of proving pre-existing use and noted the lack of building department records. The chair suggested the applicant conduct further research (tax records, construction permits). The board voted to carry the application to April 3, 2025, with no further notice required, to allow the applicant to gather additional evidence.

Key Outcomes

  • Vote on Extension of Time (ZBA-19-00040): Motion to grant a one-year extension of preliminary approval, expiring January 16, 2026, passed unanimously (7-0).
  • Vote to Carry (ZBA-24-00018): Motion to continue the hearing to April 3, 2025, at 7:30 PM or soon thereafter, with no further notice required, passed unanimously (7-0). The applicant will research tax records and building permits, and only Jared Sutton will be recalled as a witness.
  • The board adjourned after the vote.

Meeting Transcript

Meeting of January 16th, 2025. In accordance with the Open Public Meetings Act PL 1975, Chapter 231, adequate notice of this regular meeting of the Board of Adjustment of the Township of Franklin has been provided. Board members, applicant, and professional members of the public, please speak directly in the microphones so that our recording secretary can properly process minutes. Applicants and professionals, please fill out the sheet on the table when you've completed your testimony. We have to swear at somebody. Did you do that already? No, I have not done that already. I have to swear it's I have to swear it's somebody. I haven't sworn in anybody all day long, so we're gonna get it in. Looks like just Alan. Right. After you're done signing your life away. Raise your right hand. No, because the other two aren't here. Place your left hand on the table. You hear me? Okay. Place the left hand on the table, put your right hand up. I state your name. Hi, Alan Rich. Do you solemnly swear? You solemnly swear. That I will support the Constitution. I will support the Constitution of the United States. Of the United States. And the Constitution. And the Constitution. Of the State of New Jersey. State of New Jersey. And then I will bear true faith and allegiance. And I will bear true faith and allegiance. To the same. And the government's established. And the government's established. In the United States. In the United States. And in this state. And this state? Under the authority of the people. Under the authority of the people. And that I will faithfully. And then I will faithfully and partially. Impartially. And justly perform. And justly perform all the duties. All the duties of the office. Of the office, a board of adjustment, regular member, a board of adjustment, regular member. According to the best of my ability. According to the best of my ability. So help me God.

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