Franklin Township Board of Adjustment Meeting - April 3, 2025

This meeting of the Franklin Township Board of Adjustment convened on April 3, 2025, to consider four applications: a pool-related impervious coverage variance, a sign variance for a hotel, a certificate of pre-existing nonconforming use for a three-family house, and a site plan with use variance to convert a repair garage into a convenience store. The board approved three applications and carried the fourth to a future date.

Consent Calendar

• Minutes Approval: The regular meeting minutes of February 20, 2025, were approved unanimously (7-0).
• Resolutions:
  • Manu & Vidhu Goyal / ZBA-25-00002 – Approved (6-0, Kunal Lakia recused).
  • Fleet Franklin, Inc. / ZBA-24-00022 – Approved (5-0, Richard Prokanek, Basim Verdas, Kunal Lakia, and Chairman Thomas recused).
  • Sai Datta Mandir, Inc. / ZBA-19-00037 (Extension of Time) – Approved (6-0, Alan Rich and Robert Shepard recused).
  • Muslim Foundation, Inc. / ZBA-25-00001 – Approved (6-0, Kunal Lakia recused).

Public Comments & Testimony

• Fernandez Application: No public comments; neighbors were not present.
• EH Somerset Application: No public comments.
• 13 Essex E Orange LLC Application: No public comments.
• Manjit Singh & Ravinder Kaur Application: Two members of the public spoke:
  • Margaret Houghton Moser (328 Elizabeth Avenue) – Expressed concerns about parking, pedestrian safety, and potential overflow parking on Cedar Avenue due to lack of sidewalks.
  • Jim Winkman (Darwin Road, Somerset) – Questioned traffic flow and congestion, particularly when fuel trucks are present and the limited number of parking spaces.

Discussion Items

Fernandez / ZBA-24-00023 (Pool Patio Impervious Coverage Variance)

• Applicant Ian and Michelle Fernandez requested a C variance to retain a pool and paver patio that resulted in 35% impervious coverage (30% maximum allowed). The applicant initially installed a larger patio which was later removed and verified by staff. No drainage or neighbor issues were reported. The board granted the variance unanimously (7-0).

EH Somerset LLC / ZBA-25-00005 (Sign Variance for Hotel)

• Applicant sought C2 variances to install two wall-mounted signs (150 sq. ft. and 115.77 sq. ft.) at the EverHome Suites hotel under construction at 1860 Easton Avenue. The hotel is in the B-I zone, and the signs exceed the ordinance size limits (3 ft. vertical height allowed). Testimony indicated the signs are needed for visibility from World's Fair Drive and Easton Avenue/287. The board voted 6-1 to approve the variances (Richard Prokanek dissenting, citing lack of proof that positives outweigh negatives).

13 Essex E Orange LLC / ZBA-24-00018 (Pre-existing Nonconforming Use Certificate)

• Applicant requested a certificate to confirm the property at 264 Girard Avenue was a three-family house prior to Franklin Township's 1958 zoning ordinance. Testimony from Belinda Baker (former resident, lived there from 1960) and a report by expert Beckis (dated February 28, 2024) documented three electric meters, three gas meters, and continuous three-family use. The board voted unanimously (7-0) to approve the certificate, finding sufficient evidence of pre-existing nonconforming use despite gaps in records.

Manjit Singh & Ravinder Kaur / ZBA-24-00011 (Site Plan with Use Variance – Convenience Store)

• Applicant proposed converting an existing repair garage into a Seventh Heaven Market convenience store at 339 Elizabeth Avenue, Somerset (R-10 zone). The site is triangular with frontage on three streets. Testimony included:
  • Manjit Singh (owner) – Described operations, deliveries (box trucks, no 18-wheelers), and 14 similar stores.
  • Tyler Vandervalk (engineer) – Presented site plan with 10 parking spaces (17 required) and an alternative layout with 6 spaces (withdrawn during meeting). Issues included aisle widths, loading zones, and dumpster location.
  • William Byrne (architect) – Presented a redesigned facade with pitched roof and residential-style siding to better blend with the neighborhood.
  • Elizabeth Dolan (traffic engineer) – Reported low existing traffic (19 vehicles in AM peak, 32 in PM peak) and projected modest increases; supported the parking reduction but noted need for circulation exhibits.
• The board did not complete testimony due to time constraints. The matter was carried to June 5, 2025, with no further notification required. The applicant committed to providing turning templates and revisions to the original site plan.

Key Outcomes

• Fernandez variance – Approved 7-0.
• EH Somerset sign variance – Approved 6-1.
• 13 Essex E Orange LLC certificate of pre-existing nonconforming use – Approved 7-0.
• Manjit Singh & Ravinder Kaur application – Carried to June 5, 2025, at 7:30 PM in the same location. No further notice required.