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Board of Adjustment grants one-year extension for preliminary site plan at 630 South Middlebush

3580195 · January 16, 2025
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Summary

Franklin Township Board of Adjustment approved a one-year extension to preserve a previously granted preliminary site-plan approval for property at 630 South Middlebush, with a condition that the applicant take final action no later than Jan. 16, 2026.

The Franklin Township Board of Adjustment on Jan. 16 voted to grant a one-year extension of a previously issued preliminary site-plan approval tied to ZBA No. 19000040 for the property at 630 South Middlebush.

The extension preserves the applicant’s existing preliminary approval while the new owner prepares and resubmits amended plans. Attorney for the applicant said the owner is resubmitting amended plans and asked the board to preserve the rights associated with the earlier preliminary approval until those plans are complete.

The board approved the motion to grant a one-year extension as amended to require that the applicant take action no later than Jan. 16, 2026. The amendment setting that deadline was added on the record, seconded and adopted by roll call.

Why it matters: Granting an extension preserves any rights created by the prior preliminary approval so the new owner can complete updated engineering, traffic and environmental work and refile without losing the benefit of that earlier determination. Board counsel clarified that the extension only applies to the previously granted preliminary approval and does not convert or approve any new use variance or final site plan; the applicant must submit a new application for any changes in use or site design.

Board members and procedure: The board accepted that the prior approval covered only preliminary review, and the board attorney reminded members that use variances or final approvals cannot be amended and would require a new application. The board put the extension on the record as applying only to the preliminary approval granted in connection with ZBA 19000040.

Vote and timing: The motion as amended passed on roll call with all members present voting yes. The board’s roll-call votes were recorded on the public record and the applicant agreed to the time limit imposed by the amendment.

Looking ahead: The applicant’s team told the board they expect to resubmit revised plans in the coming weeks; any subsequent filings that change the building’s use or require new variances will be treated as new applications and will require the usual proofs and review.