Franklin Township Zoning Board of Adjustment Hearing - May 7, 2026

The Franklin Township Zoning Board of Adjustment met on May 7, 2026 at 7:00 PM to continue consolidated hearings on three applications involving properties at 135 Davidson Avenue (Block 469 Lot 1.06) in the B-I zone. The applications include a minor subdivision with D(2) variance, a D(2) use variance and site plan for church/seminary modifications, and a D(1) use variance for a proposed 258,150 sq ft warehouse. The applicant had completed its presentation at prior meetings; the evening focused on cross-examination of the applicant's planner, traffic consultant, and architect by the public and by the objector's planner (Peter Steck). Procedural objections were raised by the objector's attorney. The board carried all three applications to June 18, 2026.

Consent Calendar

• Minutes – Regular meeting of March 5, 2026: Approved unanimously (7-0).
• Minutes – Regular meeting of April 2, 2026: Approved unanimously (6-0, with three members abstaining due to absence).

Public Comments & Testimony

• Public question to objector's planner (Valeria Bornichenko) – Asked whether the warehouse could be used as a data center and whether the environmental commission had approved the project. The township planner clarified that the application is only for a warehouse, and data centers are a separate permitted use. The environmental commission's report is advisory.
• Public question to objector's planner (Sevolod Myrny) – Repeated concerns about the warehouse being a pathway to a data center. The witness (Steck) stated the applicant is not seeking data center approval and that the proposed warehouse is too small for that use.
• Procedural objections by objector's attorney (Peter McArthur) – Raised issues regarding: (1) adequacy of public notice under the Open Public Meetings Act (annual notices for 2025 and 2026) – resolved after receiving documentation; (2) alleged lack of proper authorization by the Ukrainian Orthodox Church to enter into the contract, arguing the applicant is not a valid contract purchaser – board attorney deferred consideration until written request submitted; (3) notice defects under the Municipal Land Use Law (MLUL) concerning the cemetery use – board ruled this would be addressed through the planner's testimony.

Discussion Items

• Objector's Planner Testimony (Peter Steck) – Steck, qualified as a professional planner, testified that:
  • The proposed subdivision triggers D(2) variances for intensification of the non-conforming church use because land is being removed from the church lot, reducing setbacks and buffers.
  • A prior cemetery approval on the subject property has lapsed; the site plan shows a cemetery area without a corresponding use variance, constituting a fatal defect.
  • Lot 2.01 (across the stream) should be part of the application, as the applicant plans to relocate some church activities there, but no testimony has been provided concerning its capacity, parking, or traffic impacts.
  • The warehouse use fails the Medici enhanced criteria for a D(1) variance: proximity to Route 287 is a generic feature, not particular suitability; the plan places loading bays in the front yard, creating aesthetic and functional problems; the 360‑foot‑wide, 44‑foot‑tall wall will not be an aesthetic improvement; the driveway width (66 feet) exceeds ordinance standards but is needed due to the building's size – this does not serve a public benefit under the Kaufman standard.
  • The January 2026 Master Plan Re-examination and Update recommends allowing warehouses as conditional uses, but has not been adopted as an amendment to the zoning ordinance; the current master plan (2023 amendment) explicitly prohibits new warehouses in the B-I zone. Steck concluded the applicant has not met its burden of proof and that the applications should be denied.
• Cross‑examination by applicant's attorney (Mr. Lanford) – Elicited testimony that:
  • Executive Drive has been vacated as of May 4, 2026 (ordinance no. 4501-26). Steck acknowledged this but noted the site plan has not been updated.
  • The historic commission reviewed and recommended approval of the plans; the cultural center can be demolished with appropriate approvals.
  • The warehouse lot meets impervious coverage standards but impervious coverage will increase significantly.
• Objector's factual witness (Bogdan Jasinski) – Testified about decades of use of the cultural center for weddings, festivals, Saturday school, and large gatherings, asserting that the alternate building (across the stream) is not sufficient to accommodate these activities. The board chairman questioned the relevance, noting that the church may choose to demolish the cultural center regardless of this application. The witness’s photographs were not formally admitted due to lack of authentication.
• Board discussion – Members expressed frustration that the application has become mired in church internal disputes and irrelevant testimony. The board decided to continue the hearing to allow the objector to call remaining witnesses, and set a deadline for advance notification of any additional witnesses.

Key Outcomes

• Applications carried – All three applications (ZBA-25-00008, ZBA-25-00007, ZBA-25-00009) were carried to Thursday, June 18, 2026 at 7:00 PM at the Franklin Township Municipal Building, 475 DeMott Lane, Somerset, NJ.
• Extension of time – The board granted an extension of the time for decision through June 30, 2026.
• Witness notification – Both parties are required to notify the board by June 4, 2026 if they intend to call any additional or rebuttal witnesses.
• Meeting location change – The June 18 meeting will be held at the Municipal Building (town hall) rather than the current location.