Franklin Township Zoning Board of Adjustment Special Meeting - September 24, 2026

The Franklin Township Zoning Board of Adjustment held a special meeting on September 24, 2026, in accordance with the Open Public Meetings Act (PL 1975, Chapter 231). The primary agenda item was a continued hearing on the Tawheed Dawah Center application (ZBA-24-00017), an amended preliminary and final site plan plus relief of conditions, proposing construction of a 19,350-square-foot place of worship at 630 South Middlebush Road, Somerset (Block 37.02, Lot 46.03, Zone A). After substantial testimony and board deliberation, the application was carried to October 1, 2026, with no further notification required.

Agenda Overview & Administrative Matters

• The agenda also listed resolution items for the Ukrainian Orthodox Church of USA (ZBA-25-00007 and ZBA-25-00008), Syracuse 1950 Easton Avenue Owner LLC (ZBA-25-00009), and Raritan Valley Habitat for Humanity (ZBA-26-00007, Main Street and Kossuth Street); the transcript reflects no separate substantive testimony on these items.
• Board members signed verification forms confirming they listened to or participated in prior hearing recordings; the board noted absent members would review the recordings and remain eligible to vote at the next hearing.

Public Comments & Testimony

• An objector raised concerns about traffic impacts on South Middlebush Road, describing it as a busy road with few traffic lights, making left turns difficult even outside peak hours. He stated it took him 20 minutes to reach Jersey Avenue Station and 25 minutes to drive from the area to Princeton Highlands, and that prayer-time traffic delays could force him to leave 45 minutes early for his commute.
• The objector questioned the accuracy of the traffic analysis time frame, noting prayer times can change, and asserted that trip past the property during a prayer meeting could be delayed by 10 minutes or more on South Middlebush Road.
• The objector challenged an attendance estimate of 150 people, stating that was not the applicant's testimony and does not match the statement of proposed use, and asked what enforcement system would ensure the number of cars does not exceed the permitted parking limit.
• An objector's representative stated the applicant reduced the building size by about 10 percent while increasing the worship area by close to 20 percent, and argued the main concern is the road's impact on the community and planning effects.
• The objector's side took the position that if the board grants any approval involving banked parking spaces, the applicant should be required to return to the board as a condition of approval before exercising the use of those spaces.

Discussion Items

• Time of Application Rule: The board discussed that the ordinance in effect when the application was deemed complete governs the application. The applicant's attorney noted one of the main items of dispute was whether the prior ordinance or the newly amended parking ordinance applies; a board member added that the recent parking ordinance change reflects current thinking on parking needs.
• Inherently Beneficial Use and Conditional Use: The applicant's planner testified under oath that houses of worship are an inherently beneficial use under New Jersey case law and statute, which helps satisfy the positive criteria for a D1 use variance, and that Section 112-37 of the municipal land development ordinance permits places of worship as a conditional use in the zone. The planner stated that different religions have different practices, but both are protected under the law, and the agricultural zone does not distinguish between religions.
• Parking and Banked Spaces: Testimony indicated the site would have 97 built parking spaces with 22 banked or free spaces. A board member then asked whether the board could allow the applicant to bank 30 spaces but require the applicant to come back to the board before exercising those spaces. The applicant's attorney responded that the applicant should need to return to the board to build the banked spaces. Board members also discussed what measures would ensure parking and attendance do not exceed approved limits.
• Traffic Analysis: The applicant's traffic engineer testified that traffic projections were inflated for two years, to around 2026, and that the additional volume on South Middlebush Road would not change the results of the analysis. He stated the level of service D is incurred at the site access rather than on South Middlebush Road itself, which would run freely when no one is at the driveway.
• Site Plan and Relief from Conditions: A board member noted the applicant is proposing an almost 1,000-square-foot increase in worship area, which triggers additional parking spaces under the existing ordinance, and pressed the applicant on whether relief from conditions should be granted, asking, "What if I say you don't deserve relief from that condition?"
• Application History: The applicant's attorney recounted that the application was carried to February, then to April, and scheduled for July 2, but approximately 10 days beforehand the township realized that was the night of the township's 250th gala celebration; the matter was postponed to September 24 because professionals and objectors' counsel were unavailable over the summer.

Key Outcomes

• The Tawheed Dawah Center application (ZBA-24-00017) was carried to October 1, 2026, with no further notification required; the board indicated a full board would be present.
• Board members certified in writing that they reviewed recordings of prior hearings, preserving absent members' eligibility to vote at the October 1 hearing.
• The applicant's attorney agreed to an extension of time through October 1, 2026, and stated he would confirm it in writing.
• A board member reserved five minutes at the next meeting to have a fuller discussion and consider whether the board would like to revisit a policy issue.