like to call the meeting to order. Good evening. This is a zoning board. >> That's okay. >> Meeting of April 2nd, 2026. In accordance with the open public meetings act 1975, chapter 231, adequate notice of this regular meeting of the zoning board of
the township of Franklin's been provided. Board members, applicant professionals, and members of the public, please speak directly in the microphones so that our recording secretary can properly process minutes. Applicants and professionals, please fill out the sheet on the table when
you've completed your testimony. >> Okay, for roll call. Uh Alan Rich, Gary Rosenthal, and Mike Dy all asked to be excused this evening. Cheryl Betha >> here. >> Richard Proanic >> here. Vasim Verdas >> here.
>> Robert Shepard >> here. >> Kunal Lakia >> here. >> Robert Thomas >> here. Uh regular meeting minutes February 5th, 2022 02052026.
We have a motion. >> I'll move >> and a second. >> Second. Cheryl Bethia, >> yes. >> Richard Proanic, >> yes. >> Robert Shepard, >> yes. >> Chairman Thomas,
>> yes. Regular meeting, February 19th, 0 uh 219206 219 whatever looking at the resolution. We need a motion for those minutes. >> I'll move. >> Second.
>> No. Uh Bob, you can't vote on this one. >> I'll second. Okay. Uh, Charlthia, yes. >> Richard Proanic, yes. Basim Verdas. >> Kunal Lakia. >> Yes. >> Chairman Thomas. >> Yes. Resolutions
ZBA 24 O2. Uh, Kuman Budan need a motion. >> Uh, Vasim and Kunal cannot vote. >> I'll move. I'll second
>> Cheryl Bethia. >> Yes. >> Richard Proanic. >> Yes. >> Robert Shepard. >> Yes. >> And Chairman Thomas. >> Yes. JCIOS Acquisition ZVA 25 O20.
Same. Visim and Kunal cannot vote. >> I'll move. >> I'll second. >> Cheryla. Yes. >> Richard Proanic. >> Yes. >> Robert Shepard. >> Yes. >> Chairman Thomas. >> Yes.
Uh the first hearing on the schedule PSG ZBA 26003 preliminary final major site plan with C and D variances in which the applicants proposing improvements to include the demolition of the existing feeder rows
and control house and install six rows of 13 KV sheltered on switch gear with 12 13 KV circuits. New 69 KV V breaker to expand the existing ring bus to an even breaker
ring bus. New transformer expansion of existing 69 KV control house that will serve 13 KV relaying and communications equipment. Demo of existing lattice tower and installation of a new monopole
and double A-frame structure. Construction of a new storm water bio retention basin 160 South Middleish Road block 84.03 lots 1 2.02 and 2.10 in the
AR40 zone after all that it's going to be carried to June for June 18th with no further notification. The first actual hearing Somerset Bible Baptist Church CBA 254
CND variances in which the applicants asking permission to build a one-story 35- ft tall 8,640 ft gymnasium 42 Cedar Grove Lane Somerset block 424.02
lot 12.02 in the R40 zone. Okay. >> Good evening, Mr. Chairman, members of the board, uh my name is Frank Agliardi. I am the attorney on behalf of the applicant, Somerset Bible Baptist Church. Initially to start off, I just want to
note that uh the application itself is a bifurcated application. So tonight, we are seeking only variance approvals for AD variance and uh C variances. We are not seeking site plan that would be at um a later date.
The property itself as discussed was is located at 42 Cedar Grove Lane. It is in the R40 zone and uh houses of uh houses of worships are conditional uses within the R40 zone.
The applicant is seeking variance approval for a D3 conditional use variance for failure to meet all conditions of the conditional use ordinance um or the township's conditional use ordinance. Uh we are
also seeking a C variance for off- streetet parking. The current plan proposes 100 parking spaces while the minimum required is 123. Um there were also mentions of imperous coverage uh variances but the actual impervious
impervious coverage count for the conditional use is 40%. And the current proposed imperous coverage is 26.6. So we are under that threshold. Uh additionally there's a variance for the current buffer. Uh the buffer does not
meet the required double and triple staggered rows of 6t high evergreen trees or solid fencing. However, there are substantial wooded areas buffering the the lot itself. With that, um I
would like to first call the applicant uh or representative of the applicant, Pastor Brian Fischer, here to provide testimony to the board. >> Uh Pastor Fischer, if you can raise your right hand, please. Do you swear or affirm the testimony
you're about to give before this board is truth, the whole truth, and nothing but the truth? Yes, sir. >> Can you repeat your name and spell your last name for the record, please? >> Brian Fischer. F I S H E R. >> Thank you. >> And Pastor Fischer, if you wouldn't mind just uh going through a little bit of
the operations of the church and um parishioners and and maybe the intent behind uh seeking this variance. >> Okay. Um been at the church there about 27 years. We are a congregation roughly between 150 200 on average on Sundays.
Sunday nights we have service. We're probably about 75 80 people and then we have a midweek service on Wednesdays roughly about the same attendance. So 60 70 80 people on a Wednesday. Uh we do have a school of about 75 students from
kindergarten through high school. So high school ages it's about 50/50. So it's about 35 kids kindergarten through sixth grade. 7 through 12, it's about another 35 or so kids, about 75 total this year. Um, so yeah, we have a lot of fellowship
needs. Uh, we're, you know, just looking for more space for our program and just basically uh a way for us to operate a little a little more space for our kids and fellowship and things like that. So, we've been operating this way for a while and we're
just looking to trying to expand a little bit. >> And specifically with uh with the addition, it it's only acting as a gymnasium for the school and the church. Correct. >> Yeah. Um definitely. So, like right now we have sports teams. We typically rent
facilities and things like that, but um so we're just trying to be able to house our own, you know, sports and things like that. >> And you wouldn't be leasing out any of the space at all? >> No. We've never rented our buildings to anybody. So, it's a policy we've always had.
>> And um initially, just to just to discuss it, I believe the current design of the property itself was approved um prior by um I believe it was the planning board at the time and that includes the parking counts, everything else.
>> Yeah, correct. I think this will dates back to like 1985 and then finally around 1990 I think they moved into the building and it's not changed since then. So whatever was approved for them to operate back then I wasn't there but my father-in-law was he's behind me but
he could speak to that if needed. >> Uh I have no further questions if uh if the board uh has any questions of Pastor Fischer uh or the applicant. Uh we welcome questions from the board or the public. >> Anybody have questions? Okay,
>> thank you. >> Good. >> Y >> All right. >> And uh with with that, uh I would call our um our next professional here, uh Betsy Dolan. Yeah. Yeah. >> Yeah. >> You're not Betsy. >> Uh Betsy Dolan, who is our traffic
engineer. Miss Dylan, uh, do you swear or affirm the testimony you're about to give before this board is the truth the whole truth and nothing but the truth? >> Yes, I do. >> Just, uh, repeat your name and spell your last name. >> Elizabeth Dolan, D O L A N.
>> Elizabeth Dolan, D O L. Dolan and Dean Consulting, 181 West High Street in Somerville. And uh if we'd like to qualify, if you want to go through your uh your credentials, >> just go through the license bit.
>> Yeah, my my license is in good standing. Um and I'm here as a traffic engineer as I have been many many times over the past few decades. >> We qualify her about once every meeting. >> Thank you. >> Another meeting. >> Thank you.
So, uh, if you want to just jump right into to your planners, uh, your report and we'll go for it. >> Yeah. I had prepared a brief letter report dated June 11, 2025. And it basically expands a little bit on what the pastor just, um, explained to you.
Uh, and it, you know, summarizes the, uh, school time periods, the, um, services on Sundays. And we actually went and did some counts even though we knew this proposal wasn't anticipated to
generate more traffic. It's there. It's proposed to serve the existing um church and school. But we did some counts and of course what we expected is what turned out to be that Sunday is busiest. We had a total of 76 driveway movements
um from 9 to 10:00 uh on on No, not 9 to 10. Sorry. Yeah, 9 to 10. Uh, compared with during the school peaks, 49 was the maximum we got um at the school. So, it's a relatively quiet uh set of driveways. There's two driveways there
now. They're both two-way. Uh you'll hear from our engineer next. We're proposing a one-way uh circulation. So, um that is um because we're going to be adding some parking and a loop roadway in the back to to connect the the rear
portion of the property. So, it's relatively quiet. We're not expecting any additional activity. In speaking with the pastor, their school has always been on the uh order of 75 to 80 uh enrolled and the congregation and the
service times aren't going to be changing. So the uh proposal is for an ancillary space so they don't have to rent spaces for uh fellowship or um uh activities associated with the schools especially any any um recreational
activity. Uh at the time I wrote my report, we were not proposing additional uh parking spaces, but we met with staff and uh you're going to see the plan shortly that introduces an additional 26 parking spaces. There's 74 there now for
the school and the church. Uh by ordinance 90 are required for the school and church. So we're going to add uh the 26 will have 110. But with the gym addition, we also need another 33. So the the future
requirement with the gym is 123 uh because 33 spaces are needed for the gym. So, we will provide 110 uh meaning that we've got a 13 space uh shortage or variance. Uh but because this gym isn't going to be generating any traffic or
additional parking demands, it seems to me that that parking variance can be granted and that's really all I have. I think um in the TRC report uh request an updated traffic study and as um we've said we'll be if we're approve of the um the use
we'll be back for site plan and I would imagine it would be appropriate at that time to revise the report not only to reflect the um the modified site plan but also to give you probably an analysis of the revised driveway uh configuration because we're going to be
going from two two-way driveways to one ingress and one egress driveway. Correct. Yep. >> Questions. >> Just a few questions, Mr. Chairman. Um, ju just so the board can understand. So, we've your testimony is that it's not
going to this this addition, which is basically it's a gymnasium, right, with bleachers. >> Um, >> you said it's not going to add to the traffic and I think you said it's not going to add to the parking demand.
What do you base that on? >> Um the consultation with the pastor and his testimony that this is going to be serving the existing school and the church um used for um for example, you know, maybe um some sports activity. Um
in my consultation with the church, they don't have large crowds that are are brought to any events. It's a small school and they play small schools, so they don't draw very big crowds. Um, so it's based on my consultation with with the pastor.
>> Okay. And and I mean is that based on to your understanding is that based on that the the the main building, the school andor the church and the and the gymnasium aren't going to be occupied and used at the same time. >> That's my understanding. Yes.
>> Okay. >> That for example on Sunday if there's a fellowship gathering, they could go after the service into that space. Um, same thing is that the the kids that are there during the school day could use the the gym. Um, so it would, you know, be that same population. It would be the
congregants on on the Sundays and the uh school children during the week. >> Okay. So, obviously during the school day, I mean, it's it's a gymnasium, so it's it's not there aren't additional classrooms in that building. No. >> So, the classroom number of students and teachers is capped. >> That's right.
>> That's not changing by this. And in fact, in our prep session tonight, we we specifically talked about that that that this is a gym. There won't be class fit up, uh, classroom fit up or anything like that. So, they're not looking to grow the population or enrollment of the school um or the congregation.
>> And there' be um so there may be um inter mural sports played in in there after school perhaps. >> Yes. >> And and and did I did we hear inter scholastics? They may play other teams. >> Um other small schools. Yeah. >> Okay. And that obviously would be
occurring after school hours or on the weekend. >> Correct. >> When school's not in session and when church is in >> And when church isn't in session. Correct. >> So, I want to make sure that all of that was was on the record. Yes. And I think you had said there were 110 >> spaces proposed, but uh I believe the
pastor just said 100 and the site plan reference is 100. >> I'm sorry. It is 100. >> 100. Okay. >> All right. Those are my questions. M. >> Sometimes math is hard. >> Any board questions?
Now it's 100 spaces and the requirement is 110, right? >> The requirement is 123. >> 123. >> So it's a 23 space. >> So it's 23. I had said 13. >> Yeah. Okay. And
what happens if you're wrong? if they start drawing more than 100 people or more than 100 cars. >> And I will >> Is there street parking available there? >> No, not on Cedar Grove Lane. No.
>> Well, there there's got to be side streets off of Cedar Grove Lane, >> of course. >> And are they is there parking available on the side streets? >> Well, wait a second. We wouldn't >> there would be no side streets available
for parking for this site. You'd have to walk >> close to a mile to get to the >> right and because the nearest I think is Owen Court which is across the street and then you're talking about, you know, crossing Cedar Grove Lane, right? And residential impact.
So the original proposal that the church had and that the original plan didn't provide any additional parking and the church was comfortable with that because the parking supply of 74 that exists has satisfied both the school and the um the
church activity. So now we're adding 26 spaces. Um, >> and uh that that those original se and those original 74 spaces have lasted in pretty much existence since 1990 and and
have been sufficient to hold the congregation and to hold any um incoming traffic that would happen over the weekends on um on game days or anything like that. >> Okay. Thank you. Is there any
consideration for future growth? >> Uh, no. No. The um the school has been pretty steady. I think the pastor said the max I've ever had is 80. >> Y any other questions? >> Yeah. I just have one quick one. Just pulled up the aerial while you were
giving your testimony and it appears there's five or six tractor trailers. >> Uh buses. There were there were buses there. Yes. And in the newer plan, we've proposed two bus spaces to um adequately preserve certain buses, but um a lot of
the buses would be removed from the property. >> Thanks. >> Yeah, actually that relates to the question I had. So could you and I know when we um when you met with staff there were some questions about uh the buses and and particularly and I just I don't recall your answer and I think the board
needs to hear what how do buses um how do students come to the site currently um how many buses how do they arrive and then under this plan how would that happen? So I believe the students are all brought by their parents' guardians and the um the buses or bus that is
parked there I believe is someone who is part of the church and the church has been letting him park the bus there. I if I don't have that quite right we can have the pastor correct that. But that was my recollection. >> Okay. So this so all the students have been and and will be arriving by by pan
passenger vehicles. >> Yes. >> Okay. So, under this and and the board will see the concept site plan in a moment. Um, but I'm assuming and then and I can see a one-way flow proposed here. >> So, I guess the plan is that parents are going to have to go around the building.
>> The Well, they can they can loop it in the front of the building. >> Yeah, there is a a front access as well. >> Okay. >> Front driveway and uh to for drop offs. There's no parking in that front area. >> Got it. Okay. All right. Thank you. >> You're welcome. >> Any other questions?
Okay. If uh no further questions, I would uh call our next professional, Anthony Gallerano, who is um testifying as a professional engineer and professional planner as well. >> Mr. Gallerano, can you raise your right
hand, please? Do you swear or affirm the testimony you're about to give before this board is truth, the whole truth, and nothing but the truth? >> I do. >> Can you just repeat your name and spell your last name for the record? >> Sure. It's Anthony Gallerano, G A L L E
R A N O with the firm of Harbor Consultants. Uh we're located at 320 North Avenue East in Cranford. >> Uh Tony, if you wouldn't mind going through your credentials for the board and uh advise the board if your licenses
are still current in the state of New Jersey. So, this >> Yeah. So, um I have a bachelor of science degree from the New Jersey Institute of Technology. Uh graduated in 1984. I've been licensed as a professional engineer and professional
planner since 1988. Uh since then, I have testified around numerous boards uh throughout the entire state. Um I have um also I I have and presently uh provide consulting services
to various boards and municipalities uh in the capacity of engineering planner. >> Okay, that's fine. >> Okay, thank you. >> Uh and if you wouldn't mind just going through the revised plan uh what the existing conditions are and what uh what we're proposing for the variance.
>> Sure. Um, is this should this be coming up on the screen or >> did I do something? >> No, there we go. >> Okay. >> Thought it popped up for a second. Uh,
>> yep. >> Try it again. >> Um, let me see if we're probably over there. >> You sell that picture, you'll get the money to build the gym. >> Yeah. technology. >> It's good when it works.
>> There you go. >> Good job. Okay. So, um this first exhibit is just a Google image uh of the site and the surrounding area. Um this is just a zoomed out version. Uh kind of gives you
uh an overall um picture where the site is located. Uh it's kind of somewhere uh midway between Eastern Avenue and and Pierce Lane. Um this is a >> council. We should just marked this as
an exhibit. I'm assuming this wasn't part of your application package. >> Uh it No, it was not. Uh this would be marked. >> A1. >> That's the aerial. >> This is a Yeah, aerial one. I also have uh a second aerial which is a a zoomed
in version. This is also was not submitted >> and the the zoomed in would be A2 weed marking. >> So this just uh kind of is a is a zoomed in version. And as you can see the uh shows you the the existing church uh the
parking area. Uh as you can see it's a uh it's a site improvements about 15% of the site. Uh I just want to point out we're going to talk about the buffers uh in in a moment but as you can see the site is pretty much surrounded uh by by
wooded area and um that kind of we'll talk about that with respect to the buffers in a minute. Um so again this was just to kind of give an overall um you know depiction of the site. Uh the the gymnasium is going to go in the rear of the building which is currently uh
the gravel area uh where you can as you can see in the in the aerial you can see the buses in the back and as uh Betsy pointed out those are going to be removed uh with the exception of two buses and we have provided an area uh where those two buses will will be
parked. the um too far. Okay, this this is the uh the plan that was submitted with the application. Uh this has not been altered. Uh this is pretty much as you as it was submitted. Um so the uh what
we're showing here is the uh gymnasium in in the shaded area. Uh this is a 72 foot wide 120 foot long uh 30 foot 35t high structure. Uh it's going to be a probably a pre-engineered uh metal
building. Uh has a total square footage of 8,640 square ft. And again, it's just it's going to be an open uh gymnasium. There'll be some bleachers. Uh two two locker rooms. Uh and that's it. Um as Betsy pointed out, there's no
classrooms. There's no additional program space being being proposed. uh except for the open area which is pretty much going to primarily for uh recreation, basketball, uh things of that sort. Uh the uh right now the
existing parking uh is located on either side uh and as as was previously approved. Uh the the parking lanes currently are two-way. Uh they each dead end um and we're proposing to convert
those to one-way circulation. Uh we're going to provide an area uh on the back so the cars can circulate around the building. Uh also in that rear area is where we're providing the uh parking for the two buses or spaces for two buses.
Uh and then some additional uh parking in the rear which will primarily be um again we don't really expect to use it but we're going to provide that just to provide some additional parking. Uh we're also going to relocate the dumpster uh to the rear that's currently on the
side of the building, but um we're going to relocate to the back. Relocate that to the back. Uh as a result um we will increase the parking from 74 spaces to 100 spaces uh as uh where 123 are uh
required. And again, we'll we'll get into that uh the zoning in in a second. Uh so um this is pretty much the uh the proposal. Again, this is uh bifurcated. We know that there'll be additional detail required at some point if we do
get get to a site plan. Um this is pretty much the the the overall layout. So this property is located in the uh R40 zone. Uh houses of worship are uh permitted additionally. Uh so I'm just
going to zoom in on on our zoning table. Uh so in the um in this zone uh we are showing the the required conditional uh use requirements and since we don't meet all of the requirements uh we're here for the for the D3 uh conditional use
variance. Um so uh first off the uh the main uh condition that we don't meet is that the majority of your parking is required uh to be in the front yard. Uh we have the majority in the sideyards. Um so u that's why we're here. We don't
meet that condition. Uh that is however uh the existing condition. it it was previously approved this way. And again, we're not we're not looking to alter that uh except for again pushing um the drive aisle uh in the back for circulation and to provide some
additional overflow parking. Uh we also um um are looking for uh again the variance uh for the the overall parking as we mentioned 123 are required 100 are proposed and except and with the
exception of those uh those conditions we do meet all of the other requirements. Uh there there is a question of whether the the buffer again meets the uh the actual requirement and um there it is required to have a staggered row of evergreens which don't
currently exist. Uh however there is a um it is uh a wooded around the perimeter of the site. Uh we we do feel I feel that that is uh sufficient um for the uh to buffer and to screen the area.
Um the building um is set back uh you know a considerable distance from the property line. Um and again I don't I don't see that um having any any negative impact. Um with respect to the the parking variance um I think what
we're considering is that there's there's essentially three things going on but not all at the same time. We have the church, the school, and the gy gymnasium. uh they're not all going to be um being occupied at the same time. Uh so you're not going to have like a triple demand, right? We don't need to
have parking for the church school and the gymnasium all at the same time. Um as Betsy pointed out earlier, the um this the intent here isn't to grow the congregation. And this is really to provide uh a service or additional you know amenity uh to the school uh to
provide a uh you know indoor recreation area to hold basketball games things like that. Um and just during the day um you know schools have recess if it's the weather's not good they have a place where they can they can hold that indoors and not um not be out in the
elements or uh if it's raining they probably wouldn't go out. now they have a place that they can they can go and and uh and and be able to you know have those activities. Um so that's the the uh pretty much all of the um the non-conformities with
respect to the bulk variances. Um this is a D3 variance and we again we do need to provide the uh the proofs for the the positive negative criteria. Um as we know the uh religious uses and schools
are cons are inherently beneficial. So therefore we we automatically uh meet the positive criteria. Uh we do however don't get a free pass. We do need to also show that we could u meet the negative criteria. Um in this case I I
don't see any any negative impact. Uh this again is an existing facility. Uh it's really this gym is being put there to serve or being proposed to serve the the current um church community the the
current uh school uh population. Uh it's not going again not going to add additional parking demand. Um this is not going to create any nuisance to the area. Uh so I don't see any any negative uh impact on on the surrounding area. Um
with that I believe that the uh variances can be granted um without any again substantial impact to the surrounding area not have any negative impact on your zone or zone plan or master plan. So um with that I do not have any other director.
>> Further questions if the board uh has any questions or the members of the public. >> All right. Any questions? >> I I have a couple. Do we have a picture of the uh of the uh the the gym on the
uh on the piece of property? In other words, after the construction is done. I'm curious to see how the church and the gym fit on the property, particularly with regard to the uh the
variance you're asking for regarding the parking. I just got to get a better feel for what's going on there. >> So, I'll just before I go to that, I'll go just get back to the uh to the plan again. This is the um the shaded area is
the gym, proposed gym. This hatched area to the front is the uh is the church existing church. So, this is going to be directly behind the uh the uh the church. It's it's approximately about the same width. Um so, it's kind of in
line. um you can see in line with the sides >> also approximately the same height as well. So it wouldn't it wouldn't be it wouldn't have a staggered look. Everything would be uh clean lines at the top. >> So I we do have uh also the the the floor plan. And again, this is the
>> See, but I'm not interested in the floor plan. What I want to see is what the church and the gymnasium look like on the existing property when um when it's all all done. You don't
seem to have a picture of that though. >> We we don't have a a rendering of it. And again that um you know this is a bifrocated. to looking at the variance. If we were to get approval, I would. >> But you see, the hard part is it's hard for me to say I want to give you a
variance if I can't see what the final product's going to look like. >> That's that's I'm not comfortable with that. >> Just saying. >> Understood. >> Okay. We do have a uh elevation view uh elevation views of the building. This is
the uh the front and the rear. Um, again, this is going to be basically a pre-engineered building. Uh, it's going to be, uh, you know, basically a metal, we call a metal building or pre-engineered. And again, this is the, uh, the side view. >> So, does the gym sit behind the church?
>> Directly directly at the rear of the church. >> And how how far is the church from the uh, from Cedar Grove Lane? if you uh you have theations.
>> Yeah, I want to pull that up. So, um >> we have it on our on our zoning table. >> So, the existing front yard um setback uh for the uh the church is uh 70.35
ft and that's not going to change. So, the church obviously there's no modifications proposed to the church. So this this setback from the front of the church to the to the property line is 73 I'm sorry 70.35 ft
>> a 70.35 correct and the the requirement is >> how much >> uh is 50 >> 50 okay >> all right >> I don't have any other questions
>> any other questions So just a followup, does that mean the gym will not be visible because the church will be directly in front of it? It won't look like there's additional building. >> Yeah. If you're looking at it straight
on. >> Yeah. Straight on. If you're looking at it from like an angle, you'll probably you will see uh somewhat, you know, the gym. But if you're in the front, it'll be kind of Yeah. would be hidden. But if you're coming from the side, um, again, there's it's wooded. Uh, let me go back
to the, uh, >> the aerial >> to the aerial. Yeah, it might it might help. >> Yeah. So, you know, the the gymnasiums are going to sit back here behind there. So, if you're right in the front, you won't see it. If you're coming from the side, these these sides are so heavily
wooded. um it's not going to be uh visible because you know if you're say you're here coming down um Cedar Grove Lane you're looking you're seeing the the trees right this is going to help hide this in the back now maybe in the winter when there's less leaves on the
trees it might be somewhat more visible but when with everything's in full bloom it's going to be very difficult to see this uh you know as you're driving by cuz you know it's going to be pretty much screened from the from the woods uh the wooded areas on the side and from
the uh again if you're right in the front it's directly behind the behind the church. So, >> and the material will is you said metal. >> It'll be metal. Um colors haven't really been selected yet, but it'll be some kind of a neutral color. It's not going
to be any crazy, you know, color. So, um so probably something that would be compatible with the ex with the existing church. >> But that's something that can be further addressed that the site plan. >> Correct. you you have to see I I realize
and I understand you're legally entitled to bifurcate to me that makes it very difficult because I in reading our TRC report and looking at the application materials
there's a there are a number of things that have to be dealt with at the site plan and I think that hearing I think some of those things could maybe even require some adjustments to what we're hearing
tonight. And I'm not sure why we didn't are hearing this all in one shot. Why you would want to come in for for two there. There are very definitely the use is the use.
Personally, I would not have an issue with the use in and of itself. I do have some issues that I'll be addressing at the site plan part of it. And uh the problem is I really think
some of those issues if they can't be resolved with the site plan might affect what my thinking would have been in granting a variance for the use. >> Understood. and and I I completely
understand the um you know the thought process in that as well. Um but also at the same time without the approval of the site plan this site does not get built. It's just that simple. So a variance here would not affect the uh
the termination of the site plan. If the site if you know if we're reviewing the site plan and going through everything and you were to deny that site plan, this building would not get built. It's just that simple. the var regardless of the variance approval itself. >> Well,
without looking too far ahead in advance, I I think there's a lot of room in the site plan for movement in in that sense. So, I don't you know, I don't know. It's it's your
application and like we recognize you know you're right to separate them like this but I think that you're making it a little difficult in my mind >> uh to separate a use that I wouldn't have a problem with from some of the
other other kinds of issues. >> Understood. >> Anyone else? I I'm not gonna repeat everything that he said, but I'm g and I'm just gonna say what he said. >> Yes, >> I do have a couple of questions and and I'm sure some of my questions will
encroach on the site plan, but I'm just going to throw it out there and then we can defer the answers later on. Um not cardinal directions aside, there's an existing playground to the left of the parking lot. >> Yes. >> Is does that require a variance because
it is in the building setback? And I only ask cuz if we're going to go through this with this, let's clean it up if you need that >> bearing. >> That that that will be removed and there's going to be parking there. >> Um uh I guess my other question would be >> Wait, I don't think that's I don't I don't think you're referring to the same thing.
>> No, Rich, you're referring to the playground. Sorry. >> Yeah, just be cleaned up. Apologies. >> Oh, yes. There's there's some striping on the side that is uh essentially a basketball court there within some of the parking spaces. >> So that would be removed. the
playground. I don't believe there are any discussions to remove that and uh it didn't come up as uh any type of variance that um in our review as well. >> Yeah, just want to make sure. Um and then the wetlands there's an assumed transition area boundary. I would trust
at some point in the site plan application process there would be something from the state that verifies that. >> Correct. We we would have storm water calculations uh you know there would be storm water mitigation all at that site plan. >> Yeah. Well, obviously you're going to trigger that, but >> there are delineations on the current
plan of the uh of the wetlands. >> Well, there what I'm looking at it just says assumed 50 foot wetland boundary or transition area boundary, but the appropriate letter of interpretation would be >> Yep. We would apply to >> Rich, I can tell you that staff will
definitely be making that comment. In fact, we already did that. It doesn't match record plan considerations, so that they'll have to do that. Any other questions? >> Um, just and again I'm going to piggy back a little bit on what was Can you
bring up this the this the site plan? So, I guess I'll preface this by saying that I don't think any of these comments affect the variances that are being sought tonight, but um our engineer, the TRC is, as the board knows, is not just me. It's our engineer and other township
staff. So, our engineer did have a number of comments on the rear parking lot that basically the angles are not, you know, vehicles can't make a 90 degree turn like that. Um, so you're probably going to have to widen the radius in the back. Um, it's not going
to be graveled. And then and a few other um technical comments that will have to be addressed at site plan. So I just wanted to make it, you know, clear that that's again that's going to change your impervious, probably increase the impervious a little bit, but I believe you're way below. So it's not going to create a new variance. And then again, I
did uh just do a I mentioned before about comment three on pages five and six of the TRC report did bring up a number of future site plan considerations. Um again, I don't believe any of these I mean they may result in some changes to the site plan,
but I don't think they're going to any of those will result in any of the changes to the variances that they're asking tonight. In terms of that, as long as long as you brought up po possible changes, uh
is this one of the applications where we can uh strongly request or condition a sidewalk? >> Well, I I I I I think that's the board's call. Uh, I mean I when when there had been applications along Cedar Grove Lane
um, including the townhouse developments um, you know, within the proximity of of this site, the board has requested sidewalks along the Cedar Grove Cedar Grove Lane frontage. Well, well, I think that's something that you're going to have to work into your site plan, which
is one of the things now we're talking about affecting impervious coverage. Um, >> you'll be dealing with the county. >> Yes. >> Because you're changing the drive, especially regardless. >> All right. But especially changing the
driveway from one in to one out. I'm sure they'll have a recommendation which which one's the entrance and which one's the exit. >> Of course, >> uh I'd like to also add to that for the
discussion when you get to the county. >> Uh there are three schools and three churches within a half a mile of this location that has become a very busy street.
uh in terms of increased traffic uh truck traffic because of warehousing and things. Yes, >> you need to in my opinion address with the county the idea of
establishing that as a school zone with the signs and the flashing lights while schools in session. and they may have further recommendations. >> And we would we would uh work with the county to make sure that those safety um
regulations and safety u uh safety additions are are included into this site. >> You're getting a break because there's a left turn lane that's already there, but you know, there are there are some other issues. Any other questions?
>> Yes. I I uh I guess since it's gone on for a little bit, um I'm very curious as to why the buses are there at all since we since you you don't they're not used to bring the kids to school or uh or
bring them home. >> Uh currently one of the parishioners um has a a bus company. So there's a few buses that are just being on the property, but again they would be removed. That's interesting, you know, because
other applicants have come for variances seeking approval to park buses on properties that if you get between I guess read between the lines there. >> Any other questions?
>> Well, but just I'm think I'm hearing two different things then. You're saying the buses will be removed. >> Yes. But this parking for the buses So I believe the bus parking is for overflow uh or for bus parking when any schools
were to come in uh for basketball games anything like that they would bus their team in. >> Okay. >> Something like that. >> Okay. And then again this is another f the engineer mentioned that basically you know having these perpendicular
spaces and then for the cars and then having the the parallel spaces for the buses doesn't work. >> That's his opinion. So that's something that again he bringing that up at the time of sight plan. You'll have to look into that. >> Yeah. And we do believe that there >> you can't make the movements that but
that's >> and Tony feel free to feel free to cut me off or or correct me. We do feel that there is room to expand upon that and make it more uh more usable and and you know more in line with uh the engineers comments. >> Okay. Thank you.
>> Well, you you actually do have lots of space. You don't have to I mean you you can which again could be part of the site plan hearing space that might be used differently or you know for
different things. Any other questions? You're finished, right? >> Yes. All right. We'll open to the public. Is there anyone who'd like to ask a question about this or make a statement? I see nobody, so we'll close. Anything you want to say to
>> No. Uh I I just uh you know uh we've put together a a plan and working with the township and township professionals that we feel um adequately uh adequately provides the positive and negative criteria or adequately
addresses the positive and negative criteria with that testimony and with the plan that we've set forth. And um with that, we request that uh respectfully request that the board look favorably upon this variance so that we can again get in front of the board with
the site plan that the township wants to see. >> Any questions? Any motion? I move that we grant Somerset Bible Bulb Baptist Church uh the variances necessary
uh to uh build uh the um gymnasium and to add the additional parking uh contained in the application uh for those variances for lots 20 424.02
that's the block and the lot is 12.02 O2. >> Just to be clear, it's just two variances. The D3 and the and the parking. Correct. Not all variant, just those two. Okay. >> And we have a second.
>> I'll second. >> Does the board want to identify or maybe if I could suggest I think just generally some conditions. I mean, obviously it's going to be conditioned upon them coming back for site plan approval. I think it' be conditioned upon the testimony that was provided tonight and I if I could suggest it be
conditioned upon the comments in the TRC report. Would that be acceptable, Bob? >> Yes. >> Also, maybe this I don't know if this is the time for it too, but just to remind the applicant maybe as part of the
requirement for the site plan, we generally expect a colorized version. >> Yes. uh expect the materials to be submitted to the planning office how many days ahead >> we can work that those aspects out with
>> okay I'm only bringing it up because I'm under the understanding that sometimes a little some of the cooperation has been a little lax >> not from these folks but generally yes sometimes applic uh
>> I don't know is it my vote Um, yeah, if we're done talking, >> do we get a second? >> Rich Proanic second and Bob Shepard first. Is that right, Brian? Or do they need to do it again? >> Uh, >> because there was discussion. >> I second it. Yes, >> Richard was a second. I'm sorry.
>> Okay. Uh, Cheryl Batia, >> yes. >> Richard Proanic, >> yes. >> Basim Verdas, >> Robert Shepard, >> yes. >> Punal Lakia, >> yes. >> Chairman Thomas, >> yes. >> Thank you. Appreciate it, Mr. Chairman. Members of the board, thank you for coming out.
>> You're only halfway home. >> Yes, we we know that. >> Probably less probably less than that. >> Appreciate it again. Have a great night, everyone. >> Okay,
may you get the Okay. Wash king Somerset ZBA 2525 sign variance in which the applicant intends to put a freestanding sign at 1463
Route 27 Somerset block 85 lot 39.01 in the general business zone. This is a a continuation from I guess February 5th. >> Yes, >> somewhere in that. >> Uh, good evening chairman and board members. My name is John Duca. I am the
attorney for the applicant Washking Somerset Opco LLC. As Chairman Thomas pointed out, this is ZB-25-000025. Uh, the property is located at 1463 Route 27. Uh, that's also designated as block 85, lot 39.01 01 and is situated
in the GB zone. Uh we're here again tonight uh on the same application from February 5th. We're seeking a free standing sign setback variance. So the only relief we're seeking tonight um is is that that variance uh to place to
place this sign uh within the required setback. The required setback in this zone for a freestanding sign is 20 feet. Uh we're proposing a sign that will be uh 8 feet and 9 in at its base uh I'm sorry at its closest point uh to the
front yard and then uh 9t 2 in at the base. So it's got a smaller base and it's a little bit bigger at top. So the base is further back and and the top uh will be that 8t uh 9 in. >> Uh I have >> So it's kind of leaning toward the street.
>> No, it's it's a it's more of like a cone. Oh, okay. >> Yeah. >> Yep. >> The widest section is 8 ft wide. >> Yeah. Okay. So, um when we appeared last time, the the board had some uh reasonable concerns. I might not have
conceded that at the time, but uh the the concerns were about there were really three issues. Um first of all, the reason that we're placing the sign or proposing to place the sign uh where where it is is because there's a retaining wall on the property. And I I'll I'll show you that in exhibit. We
went over that in the first hearing. Um you see this kind of dash box line. That's a that's a a retaining wall on the site that we need to stay clear of. And then um we also have uh I probably have a better picture on
here. Um there's also a a sewer easement uh that we are encroaching on. Clint, is that is that orange area the sewer? Yeah, the orange stripe areas >> so uh it was so because of the the
proximity to those two things the structural issue with the the uh retaining wall and then the encroachment uh which I you know would characterize it as minimal into the the uh sewer easement area. Um it kind of constrains where you can really put the sign so
it's functional and useful and actually can be seen from the road. But as the board pointed out in our last hearing, um we really needed to clear that up with the Franklin Township Sewage Authority that it was okay to uh not have the base encroach on the sewer, but have that cone that hangs up over top
encroach on the sewer area >> foot section comes over slightly. >> And then um another another issue that the the board wanted ironed out was our proximity to to power lines in the area. And then finally, the third issue that the board uh wanted to iron out were the
site triangles uh at the at the intersection uh there. I know it's um it's uh New Jersey 27 and the other road >> Sinclair >> Sinclair Boulevard. So um we do have um
a number of uh new exhibits that that we will be showing that um hopefully will assuage the board board's concerns uh in in that regard uh in those regards. uh when we appeared the first time I had marked three exhibits I believe is A1 through three. So uh the two new
exhibits that uh we will be presenting will be uh A4 and A5 uh respectively. So the the one that you're looking at now uh it's an exhibit you've seen before, but it's been revised. So I I would request that this be marked uh A4. Um, but before I get too ahead of myself, I
do want to also note that I do have my two witnesses back with me, Na'vi Palmer and Clint uh Ellers. And um I don't intend to call u Mr. Palmer, the the applicant himself on direct testimony again, but he he is here to answer any questions about the operation of the
business, the need for the sign. Um, and I'll be relying more so on the direct testimony, technical testimony uh of Mr. Ellers, who is the sign manufacturer and designer, and he worked closely uh with a professional engineer to um gather
more information and certify uh this exhibit uh to to to certify that the distances and measurements taken uh are are indeed accurate. Uh so uh with that, if if Mr. Ellers could be sworn in to testify, >> Mr.
Um, >> do you swear or affirm the testimony about to give before this board is truth, the whole truth, and nothing but the truth? >> I do. >> If you can just repeat your name and spell your last name for the record, please. >> My name is Steven Clint Eers. E H L R S. I go by Clint. >> Okay. Thank you, Clint.
>> All right. So, Clint, um, you know, a after we left the last hearing, uh, you coordinated, uh, with an engineer, uh, Taki Kawaja, is that correct? >> Yes. >> Okay. and and what did you and uh Mr. Kawaja do uh to specifically address uh
proximity to power lines? >> So the issue what we went out there if you'll notice if you can go to the next slide. >> The next slide. Sure. >> Uh the next slide. Sorry. Um if you look at the very top I'm going to stand up and kind of point.
>> Can't do that. >> Can can you take this with you? >> Oh sorry. If you look to see the orange area, which right there you go. The orange stripes is the uh easement. The pink dot
is the center of our pole. The blue circle is our footer. So that footer is outside of the easement. It's right in that corner. And that also gets us a minimum 7 ft away from the retaining wall, which is requirement
that our engineers asked us to do based on the way that that footer is made. The black box represents the widest part of our sign, which is that center section. And you can see how it overtight. The pink line is the actual power line that comes It's a secondary power line that
comes off of a You can't see it on this one. If you scroll down a little bit and scroll a little bit, >> there's two power poles. The the one on the right, which we've drawn here, is the one that's on the road. So, a
secondary line comes off that, crosses about five feet to the left of the um top of our sign where it'll be, and goes to the other secondary line, I mean to the other secondary pole, which is down
uh Sinclair Boulevard, and then actually goes to another pole which goes into the ground, which goes to the property. So, I thought you had a question. Sorry. Uh, >> no. I was going to tell you to go up next to the things instead of pointing from a distance. >> That's fine. So,
this pole here is if you follow that up and that down, it's way up here. >> This pole here comes over and it sits about right here somewhere over here. Um so from a line of sight that power that
secondary power line is about five feet horizontal from that. If we look at we measured the height of the wire on the street is uh 25 ft to the ground and this secondary pole is 32 feet. Take the the slope. We're right about 25
feet three inches above ground level where that sign pass where the wire passes over our sign. So we are 5 foot n somewhere around there away from the power line at the top of our sign. >> So your sign is 20 ft high.
>> 20 ft high. But if you take a line from that to where that is, it's over 5T. Okay. If you can go to did you um put in exhibit the >> So this will be this is if I would request that this be marked as it is there.
So, this is the National Electrical Contractors um I think it's NECS whatever uh National Electric Contractors Code. Uh sorry, I apologize.
National Electric Safety Code. National Electric Safety Code for secondary power lines. right here. We need to be three feet is what they're at least three feet from the power line. We're at over five feet.
That was a big question that you guys had this last time to make sure that we're far enough away. Okay. So, that that work that measurement with the power lines and the height and the distances that primarily addresses the power line proximity. But
you also mer worked with Mr. Kawaja to uh talk about uh the site triangle, right? >> Um so if I'm looking at page four of what's now been marked as exhibit A4, um I'm going to zoom in just a little bit. >> Grab my paperwork
>> on the map. If you could describe uh what we're looking at here. >> All right. So the New Jersey code asks us to be if this is Sinclair, this is the middle of Sinclair Boulevard and this is the middle of 27. We're supposed
to be back 14 ft and then we go straight down and it's I've never seen a sight triangle measurements like this before. Some of them they're a little bit shorter than that. Um we're supposed to be 390 feet. So I'm sorry. Um
yeah, 390 feet. So if you take 390 ft, it goes off the page and I take it and I draw it. That's our sight triangle. You can see we are way back from the sight triangle. It's not even not even an issue. >> What standard did you use for the sight
triangle? >> What what >> what standard? >> Um it's from the New Jersey Highway Department and it's their SSD stopping sight distance. It's a whole formula. Ashto Green Book standards.
>> And I will say we we did uh Mr. Kawaja was not available to to come tonight, but he did he did sign off and certify these plans. Uh ideally obviously I would have liked to have um our professional engineer here to provide that testimony. >> Well, I mean it says on the plans he's
certifying the structural components only. This would not be the structural components. Well, he he's our engineer for the entire sign project. We had him verify all my measurements and he stamped those as well. It >> it says structural components only.
>> Okay. >> I I get that's what a stamp says. Is that what a stamp says? >> It is what a stamp that's part of that's part of >> And then if you're doing like the the sight triangle, did did an engineer put that together? >> No, I drew all that myself. >> Okay. So, it says 35 mph speed limit,
>> right? And and that's what you is that the design >> that's part of that's the formula that they use. >> So based on the speed limit? >> No, it's it's not based on the speed limit. >> That's what I got off the website >> and it's why an engineer should do this. It's based on the design speed, not the
speed limit. >> Okay. Either way, if it's even further out, it doesn't it doesn't even get close to the sign. I mean, we are at least 20 ft. Yeah. So, if we could just zoom in on uh
the actual the map here. This is this is the approximate location of the sign. This is the the edge of the uh property line boundary. Here's the curb. So, I I I I understand, Mr.
M Panic's uh you know uh qualificate what he's qualifying as not certain that the site triangle was not prepared and certified uh by by the engineer but uh I think just from a layman's common sense
perspective looking at looking at this this point of measurement compared to the sign and where where the curb line is the sign is is clearly set back very far from from the curb with a significant amount a clearance uh from from that sighteline.
>> You know, I would agree with that just from the eye test and I I just question I mean you're you're presenting an exhibit. >> It needs to be accurate. That that's my my concern and but I I do believe from just looking at it the sight line it's fine. >> And I'm not I'm not disputing your your
question. >> And what about the sewer easement? >> So the the sewer uh I I was able we did submit an application to the sewage authority. Uh we got we heard back from them. They they provided us with an agreement that has not yet been executed but it has been agreed to in principle.
Um I I have it here. We we will execute it as part of resolution compliance and uh I I have cleared it cleared it with the sewage authority. I can make that representation and I I've made that communication with Mr. Hack and I think he would verify that.
>> I I'm actually general counsel for the sewage authority so I prepared that agreement. So, what's the agreement exactly for? I'm just curious. Hey, what's it for, though? >> Oh, that's great. >> Sewage authority council hack. Oh,
what's the agreement for? >> Just to for to allow the encroachment because anytime there's an encroachment on the sewer easement, >> we need an agreement. U >> and I will say the the uh so I also reviewed the easement document. The
easement document is very clear. uh it it doesn't allow for um the even though the encroachment isn't at on the ground at the base even over the easement area is provided for in that easement document which is why uh this this waiver and encroachment agreement is
necessary and it provides for indemnification of the sewage authority and it it provides for any maintenance or removal if the if sewage authority needs to get in there Um, so I I don't have any uh further direct testimony of uh of Clint if if
any if there's any further questions. Um, like I said, I also have Mr. Palmer here. Um, and we're we're happy to to answer them or feel any questions from the board or the public. >> Any questions? You look like you're thinking of one.
So, >> no, I I've asked all my questions. >> Okay. Anyone else? >> I just have a request if the applicant can send us three copies of that exhibit copies, please, for the file. Thank you. >> Absolutely.
I I guess just to for us as a board if if we do take a motion to approve it that it's just reviewed by our by Darren, our engineer. >> Yeah, I think that would be an appropriate check >> and we we would accept as a condition
approval that he review it before any any permits are issued or the sign is installed. Yeah. I think for me kind of coming into this one, the two big ones were the sewer easement. I get the sight line. I don't know who brought that one up, but um the the sewer easement and then the the overhead wire. Um and you
guys have come back with more information and I think as long as our board engineer has an opportunity to review it, I think it should be all right. Right. Anything else? And you're you're finished, right? >> I'm all done.
>> We'll open to the public if anybody has any questions. We'll close now. Anything you want to say? >> Uh, you know, I'll just It's a it's a simple location uh variance. Um, obviously it's a permitted use. This
will help identify uh what the establishment is there. It fits in with the character of uh that Route 27 corridor. uh minimal if any uh negative impact. It doesn't impair uh the zone scheme or uh the master plan considering
it's a permitted use and um the board did raise legitimate concerns uh at our last hearing and we feel that we've adequately addressed those concerns. >> Okay. Any questions, comments, or motions?
Uh, I move that we grant Wash King Somerset Opco LLC uh the uh C variance needed to allow it to uh erect a sign uh that has been the
subject of this uh application. Um and um the approval of the variance is uh subject to the execution of the uh agreement between the applicants and
the Franklin Township Sewage Authority uh and uh the satisfactory let me think how I'm going to say that and the view of the
um materials from this application. Regarding the um um regarding the um uh the necessary uh calculations to establish the uh sight
line and um uh wire as a as compared to the sign height uh by the township engineer and
his satisfactory approval thereof. >> We have a second. >> Cheryl Bethia, >> yes. >> Richard Proanic, >> yes. >> Vasim Verdas, >> yes. >> Robert Shepard, >> yes. >> Kunalia, >> yes.
>> Chairman Thomas, >> yes. Thank you very much and happy belated birthday. >> It's going to be it's going to be quite a sign. I uh >> the wash king. >> I can't wait to see what what uh level
of uh interest it draws. >> And thank you very much for the birthday wishes. >> Thank you. >> Okay. Motion to adjurnn. Anyone? >> I move that we adjourn. >> Second. >> All in favor? >> I opposed. >> Meeting adjourned.
All righty then.