Franklin Township Zoning Board of Adjustment Hearing – March 5, 2026

The Franklin Township Zoning Board of Adjustment met on Thursday, March 5, 2026, to hear three related applications concerning properties at 135 Davidson Avenue, Somerset, Block 469 Lot 1.06 in the B-I zone. The applications, carried from January 22, 2026, included a minor subdivision by the Ukrainian Orthodox Church of U.S.A. (ZBA-25-00008), a D(2) use variance and site plan for church site modifications (ZBA-25-00007), and a D(1) use variance and site plan by Syracuse 1950 Easton Avenue Owner LLC for a 258,150 sq ft warehouse (ZBA-25-00009). The applicant presented testimony from an architect, traffic engineer, and planner. Cross-examination was conducted by objectors' counsel. The board continued all three applications to May 7, 2026, at 7:00 PM at the same location.

Consent Calendar

• Minutes Approval: The board approved the minutes of the regular meeting of January 8, 2026, by a roll call vote of 6–0 (with one member excused and two abstaining).

Public Comments & Testimony

• Eagle Kreptik (17 Majestic Drive, Freehold, NJ): Asked the traffic engineer about the thoroughness of traffic data collection and whether the IDI warehouse traffic was included. The engineer confirmed that a week-long count was conducted and that IDI’s approved traffic projections were incorporated into the no-build and build analyses.
• Mark Anthony Datz (Fairview Drive, North Caldwell, NJ): Pointed out that an annual post-Easter cemetery event draws over 1,000 visitors and relies heavily on the cultural center parking lot, and asked that this be considered in the parking study. The engineer noted that such large events were discussed and that coordination with local businesses for overflow parking and shuttles was mentioned.
• Olena Sharwan (14 South Locust Avenue, Addison, NJ; parents reside in Franklin Township): Questioned the traffic engineer about the basis of parking demand data (only from church leadership) and the trip generation assumptions. Challenged the planner’s reliance on information provided by church leadership, arguing that core functions such as a Saturday school with over 140 students were not considered. The chair reminded the public that questions must relate to testimony presented and that disputes between parishioners and church leadership were not before the board.

Discussion Items

• Opening by Applicant’s Counsel (Peter Landford): Summarized prior hearings (September 18 and November 6, 2025) and noted that all required testing had been submitted, allowing for final site plan approval. Announced that an easement agreement with IDI had been reached, which would resolve two variances related to Executive Drive once vacated.
• Architect Scott Winger (Nelson Architecture): Designed the warehouse at 228,000 sq ft (building), 158 parking spaces, 34 exterior docks, 15 trailer positions, and a height of approximately 44 feet. Building features insulated precast panels with vertical reveals, shading devices, and rooftop equipment set back to minimize visibility. Setbacks of 50 feet from Davidson Avenue with landscaping to screen trucks.
• Traffic Engineer Alan Lothian (Langan): Presented parking analysis for the church parcel (82 proposed spaces vs. estimated peak demand of 25 on typical days, 50 for special events). For the warehouse, site circulation uses a single unsignalized driveway on Davidson Avenue for passenger vehicles and an access road to Executive Drive for trucks, with signalized improvements. Traffic counts (October 2025) showed peak hours 7:45–8:45 AM and 5:00–6:00 PM. Used ITE Land Use Code 150 (warehousing) from 11th edition, generating 59 trips in AM and PM peaks. Intersection Level of Service remained C (Easton/Davidson) and B (Executive Drive/Davidson). Site driveway operates at Level of Service E (AM) and F (PM) but with queue of only 2 vehicles. Total truck trips estimated at 55 per day.
• Planner Sean Moronski (Langan): Justified the D(2) variance for the church lot by asserting that the remaining uses (seminary, chapel, museum) are inherently beneficial and that reducing the lot does not intensify use. For the D(1) warehouse variance, argued the site is particularly suited due to proximity to I-287, absence of residential street traffic, and compatibility with surrounding uses. The 2026 master plan re-examination (adopted by planning board) recommends allowing warehouses in B-I under certain criteria (within 1 mile of I-287, ≤400,000 sq ft, dock ratios met). The applicant meets all proposed standards except that the site abuts a residential zone (though separated by 800 feet and a cemetery). C variances (front yard loading setback, driveway width, loading depth) were justified by circulation efficiency and screening.
• Cross-Examination by Objectors’ Counsel (Peter McGarth): Questioned the traffic engineer’s use of ITE Code 150 instead of more trip-intensive codes, the lack of truck turn analysis at county intersections, and the reduction in level of service at the site driveway. Questioned the planner on the 2023 ordinance prohibiting warehouses, the Medici standard, and whether the application is contrary to the master plan. The planner conceded that the site would not comply with the “shall not abut a residential zone” criterion in the proposed master plan update, but argued it was reconcilable due to the 800-foot buffer and existing cemetery. Objectors were not permitted to present their own planning expert witness because no report was provided 10 days before the hearing.
• Board Questions: Members asked about easements for church access (permanent easement will be provided), overflow parking for church events (no formal agreement but available space), truck counts during AM peak (16 trucks estimated, typical mid-day activity lower), and consistency with the draft ordinance (noted noncompliance with the “abut residential” provision). The board's engineer (Mr. Healy) clarified that the planning board's re-examination was adopted but the ordinance has not been changed.

Key Outcomes

• Decision to Continue: The board voted unanimously (7–0) to continue all three applications (ZBA-25-00008, ZBA-25-00007, ZBA-25-00009) to Thursday, May 7, 2026, at 7:00 PM at the same location (2301 Route 27, Somerset, NJ).
• Extension of Time: An extension of time beyond the statutory deadline of May 31, 2026, was requested by the applicant; the board agreed to process the extension by email.
• Deadline for Objectors’ Expert Report: Any planning expert report from the objectors must be submitted no later than April 24, 2026 (10 days before the next hearing), with three hard copies and a PDF to the board secretary and counsel.
• No Testimony After 10 PM: The board enforced its policy of not starting new testimony after 10:00 PM, reserving public comment for questions based on that evening’s testimony.