Board of Adjustment approves eliminating planned community garden at The Grove at Somerset

Feb. 6, 2025 — The Franklin Township Board of Adjustment on Thursday granted relief to Fleet Franklin Inc. to eliminate a community garden that had been required under the development's 2019 approval for The Grove at Somerset and to leave the area as open lawn.

The board voted unanimously to approve ZBA24-00022 after testimony from the developer's representative, the homeowners association and the project's planner. The applicant said homeowner opposition and maintenance concerns prompted the request. The vote included Cheryl Bethea, Alan Rich, Gary Rosenthal, Robert Shepherd, Faraz Khan, Michael Dougherty and Shupendu Singh voting “yes.”

The developer's witness, Paul Schneier, principal of Fleet Franklin LLC, told the board the garden was part of a prior approval (resolution ZBA-16-17 adopted Jan. 17, 2019) but that the homeowners association had asked the developer not to build it. "There is no pecuniary gain to me. I don't gain anything by the elimination of this garden," Schneier said, adding that escrow funds were held in case the garden must be constructed.

Aditya Mokappadi, a resident of The Grove at Somerset and a member of the homeowners association board, testified the community uses the grassed area for gatherings and prefers it open. Mokappadi said the association conducted a digital survey that received 24 responses out of 34 units and that about 75% of respondents supported removing the garden requirement. "The homeowners feel the proximity of that garden to Building Number 5 ... there is a sense of lack of privacy," he said, citing privacy and maintenance concerns.

Andrew Janiw, a licensed professional planner for the applicant, described the relief sought as a C(2) variance under the Municipal Land Use Law to convert the planned garden into passive, flexible open space rather than a dedicated garden. Janiw testified the conversion would still provide open-space and recreational area for the residents and argued the change furthers municipal land-use purposes for open space and planned unit development design.

Board members discussed how the township typically measures the recreation requirement — an ordinance interpretation requires physical improvements (play areas, courts, clubhouses or similar) rather than unstructured lawn. One board member noted that a lawn-only approach generally requires variance relief and said the case differs from a new developer's submission because this application was initiated by existing residents who live in the community and have used the space.

The board's motion described the approval as a use variance allowing the applicant to eliminate the community garden requirement from the 2019 approval and to retain the area as lawn. The motion was seconded, and the roll-call vote was recorded in favor by all members present.

Votes at a glance: The board also adopted three resolutions earlier in the evening with the same voting members present for those items: ZBA24-00016 (Andaz Caterers) — approved; ZBA24-00015 (Princeton Route 27) — approved; ZBA24-00019 (Millstone Valley Fire Department) — approved. Each was moved and seconded and passed on a roll-call vote recorded during the meeting.

The board closed the meeting after taking the votes. No further direction to staff was recorded on the record regarding follow-up reporting or timelines for implementing the change to the recreation requirement.