Franklin Township Board of Adjustment Meeting – August 7, 2025

The Franklin Township Board of Adjustment met on August 7, 2025, to approve six consent resolutions, hear a sign variance application for Jersey Mike's at 1165 Route 27, and consider a D-1 use variance for a cannabis dispensary at 1695 Amwell Road. The sign variance was approved with conditions, while the cannabis dispensary application was denied.

Consent Calendar

• Minutes: Regular meeting of June 19, 2025, approved unanimously.
• Resolutions: The board approved six resolutions for: Hetal Patel (ZBA-25-00012), Mohammad Butt (ZBA-25-00011), Anya James (ZBA-25-00010), Michele & Ian Fernandez (ZBA-24-00023), EH Somerset LLC (ZBA-25-00005), and 13 Essex E Orange LLC (ZBA-24-00018). All votes were unanimous.
• Carried Hearing: Application 655MIZ, LLC (ZBA-24-00020) for a 30,917 sq. ft. addition at 655 Howard Avenue was carried to September 4, 2025, with no further notification.
• No Show: Applicant Jeffrey Dunham (ZBA-25-00018) for a pool and detached garage at 127 Van Cleef Road did not appear; must reschedule and renotice.

Public Comments & Testimony

For JAT Two LLC (Jersey Mike's sign):

• Resident Benjamin Guy (35 Pattern Drive) argued that employing people and supporting the local economy is more important than minor sign compliance, and the board should help the business succeed.

For Hound Town 543 Inc. (cannabis dispensary):

• Greg Starr (5 Darby Road, resident since 1981) opposed the dispensary, stating cannabis is a dangerous drug that impairs judgment, causes psychosis, increases auto crashes and hospitalizations, and does not fit the historic nature of Middlebush. He also claimed it would decrease property values and noted that other dispensaries are only minutes away.
• William Moore (4 South Grosser Place) opposed, citing the residential character of the area, proximity to a school, library, community gazebo, and a federal post office, and arguing it is a bad location.
• Anthony Walker (15 Darby Road, resident since 1982) expressed concerns about safety for pedestrians using walkers, school proximity, and potential consumption of products in nearby public spaces. He noted the existing traffic congestion on Amwell Road.
• Helene Garcia (31 Academy Road) asked about hours (10 a.m. to 9 p.m. weekdays, shorter Sundays) and security, and worried about conflicts with school traffic and houses of worship.
• Willie Jones (3 Stir Away) supported the dispensary, arguing that other dispensaries have been approved near schools and churches without issues, so the same fairness should apply.
• Steve Boxer (5 South Carlos Place) criticized the applicant for not addressing the school proximity in their presentation and noted serious accidents on Amwell Road.
• Benjamin Guy (35 Pattern Drive) spoke again, pointing out that the town received 49 cannabis applications and approved 22, with three already closed. He argued that concerns about schools should have been raised with the council, and that the business owner should not be penalized for the town's lack of restrictions.
• Jacob Hasner (owner of Corner Deli at the site, also lives in the apartment above) supported the dispensary, stating he does not foresee issues with parking or traffic, and that extra traffic would benefit his business.
• Valerie Northy (127 Sunnyvale Court, former school employee and co-chair of the stigma free council) supported the dispensary, noting that students already walk near dispensaries on Hamilton Street and that stricter ID checks at dispensaries make them safer than liquor stores.
• Tom Armstrong (127 Sunnyvale Court) defended the site location, stating cannabis is an agricultural crop and that neither the state nor township imposed sensitive-use restrictions, so the applicant should not be held to a higher standard.

Discussion Items

JAT Two LLC – Sign Variance for Jersey Mike's (1165 Route 27): The applicant sought three C variances for a wall-mounted sign on the Veronica Avenue side of the building: location (no entrance on that side), size (41.8 sq. ft. vs. permitted 30), and vertical dimension (3.58 ft. vs. permitted 3 ft.). Testimony from owner Jesse Allen, sign expert William McCarrick, and planner Kevin O'Brien indicated that the lack of signage on Veronica Avenue caused delivery drivers and customers to miss the store, leading to 18% underperformance in sales and 30% of business from digital orders being lost. The sign would improve visibility from 40 mph traffic. The board’s attorney (Mark Healy) cautioned against granting size relief, citing fairness to other businesses that complied with the 30 sq. ft. limit. The board split the vote: location variance passed 7-0; size/height variance passed 4-3 (with Richard Prokanek, Basim Verdas, Gary Rosenthal, Robert Shepard – no; Kunalakia, Shapindu Singh, Chairman Thomas – yes). The motion to approve all three variances carried.

Hound Town 543 Inc. – D-1 Use Variance for Cannabis Dispensary (1695 Amwell Road): The applicant requested a use variance to operate a Class 5 cannabis retail dispensary in an R-20 zone on a pre-existing non-conforming site with a deli, bike shop, and apartments. Owner Gary Burnett (Franklin Township resident for 15+ years) emphasized his healthcare background, community focus, and state licensing. The dispensary would occupy 674 sq. ft. of the bike shop space, with no changes to the building footprint. Traffic engineer Rihanna Kirchhoff projected peak hour trips of 19 (below 100 threshold for a full study) and adequate parking (19 spaces vs. 12 required, with 8-space demand). Architect Marcus Rosenau described minor interior modifications and compliant signage. Planner Kevin O'Brien argued the site is particularly suitable due to its 100-year commercial history, that the use is permitted by the state and township (with 18 allowed), and that it would bring jobs and revenue. Public opponents cited proximity to Samson G. Smith School, traffic, parking, and safety. Supporters noted absent state/township restrictions and other dispensaries near schools. The board voted 4-3 in favor (Shepard, Kunalakia, Singh, Chairman Thomas – yes; Prokanick, Verdas, Rosenthal – no), but the motion failed because a use variance requires a supermajority (minimum 5 votes). The application was denied.

Key Outcomes

• JAT Two LLC (ZBA-25-00016): Approved. Granted three sign variances (location, area, vertical dimension) for a wall-mounted Jersey Mike's sign at 1165 Route 27. Vote: 7-0 on location, 4-3 on size/height. Sign must match the design shown in the hearing.
• Hound Town 543 Inc. (ZBA-25-00015): Denied. The D-1 use variance for a cannabis dispensary at 1695 Amwell Road received 4 yes and 3 no votes, failing to meet the supermajority requirement. The motion included conditions: hours of operation 10 a.m.–9 p.m. Monday–Saturday, 1 p.m.–6 p.m. Sunday; no special events; signage limited to as depicted.
• Jeffrey Dunham (ZBA-25-00018): No action; applicant absent. Must reschedule and renotice.