Franklin Township Board of Adjustment Meeting - October 16, 2025

The Franklin Township Board of Adjustment held a regular meeting on October 16, 2025, at 12:30 PM. The meeting included a consent calendar approval, procedural continuances of two hearings, and a public hearing for the reconsideration of a D(1) use variance for a proposed cannabis dispensary. The board ultimately voted to grant the reconsideration and approved the variance for Hound Town 543, Inc.

Consent Calendar

• Bounce Air Adventure Park (ZBA-25-00019): A resolution was approved unanimously (7-0) by the eligible voting members for a previously filed application.

Public Comments & Testimony

• Greg Starr (5 Darby Road, Somerset) opposed the cannabis dispensary, arguing it does not fit the historic character of the Middlebush community and that comparisons to other dispensaries are irrelevant. He urged the board to consider the historic nature of the area.
• Tom Armstrong (127 Sunnyvale Court) supported the applicant, Gary Burnett, citing his community involvement and noting that other historic towns host dispensaries. He also mentioned the bike shop on the property is downsizing, making the space available.
• Valerie Northy (127 Sunnyvale Court) supported the application, emphasizing the safety regulations of the New Jersey Cannabis Regulatory Commission and rebutting concerns about overdoses.

Discussion Items

• Reconsideration of Hound Town 543, Inc. (ZBA-25-00015): The applicant sought a D(1) use variance to operate a Class 5 cannabis retail dispensary at 1695 Amwell Road (Block 386.04, Lots 36-38 in the R-20 zone). The board first voted on whether to reconsider the prior denial (which had failed 4-3 in August). After a procedural clarification by board counsel, the motion to reconsider carried 6-1 (only 7 eligible members voted; the alternates did not vote).
• Presentation by the Applicant:
  • Attorney John DeLuca outlined two key issues to address: proximity to sensitive uses and the applicant's efforts to find alternative sites.
  • Edward Lenetsky (cannabis compliance expert) testified that the proposed location is farther from schools and houses of worship than several existing dispensaries in Franklin Township (e.g., City Roots shares a parking lot with a church; Green Eye is next to a church and near a youth center). He noted that neither state law nor local ordinance imposes distance restrictions.
  • Gary Burnett (owner/operator) described his exhaustive search for suitable properties within Franklin Township, encountering refusals due to landlord stigma and federal mortgage restrictions. He emphasized his community ties and commitment to responsible operation.
  • Kevin O'Brien (professional planner) testified that the site has been commercial for over 100 years despite being zoned residential, making it a non-conforming use. He argued that the applicant meets the criteria for a D(1) variance and that federal banking laws create an inherent hardship for cannabis businesses.
• Board Discussion: Concerns were raised about the proposed signage (the word “dispensary” on the awning). The applicant agreed to use a trade name instead and to seek separate sign approval. Board members also debated the relevance of alternative site evidence and proximity comparisons.

Key Outcomes

• Consent Calendar Resolution: Approved for Bounce Air Adventure Park (7-0).
• Carried Hearings (no action):
  • JC IOS Acquisitions, LLC (outdoor storage facility) continued to November 20, 2025.
  • Somerset Bible Baptist Church (gymnasium) continued to December 4, 2025.
• Hound Town 543, Inc. – Motion to Reconsider and Approve: After the rehearing, the board voted 6-1 in favor of granting the D(1) use variance. The motion carried, with the condition that the applicant return for sign approval. Members voting yes cited the applicant’s responsibility, the site’s long commercial history, and the absence of statutory proximity restrictions. The sole no vote expressed concern about detriment to the public good.
• The meeting adjourned following the vote.