Zoning board allows plan adjustments at 21 Highland Ave, imposes deed restriction

The Franklin Township Zoning Board granted relief of conditions on Feb. 5 for the property at 21 Highland Ave, allowing revised measurements and plan changes while imposing a deed restriction that prohibits using the attic or basement as living space.

Lawrence Saxs, attorney for property owner Thoru Kumaran Vaduan, introduced architect Pedro Rosado, who testified that a new survey revised the building footprint from about 1,416 sq ft to 1,465.55 sq ft (an increase of 49.55 sq ft). Rosado said the measured building height is 33.3 ft, up from the previously stated 31.9 ft, and the roof slope increased modestly; the building coverage rose to 19.83% (under the 20% maximum) and impervious coverage to 34.96%.

Rosado and counsel told the board the attic ceiling (6 ft 5 in in portions) and basement will not be habitable and the applicant agreed to record a deed restriction to that effect. The board confirmed that the revised dimensions remain within the thresholds that would otherwise trigger a different variance and voted to update the prior resolution to reflect the corrected measurements and add the deed restriction.

Why it matters: The board’s action reconciles previously approved requirements with field‑verified survey data. The deed restriction is intended to preserve the nonconforming nature of the structure while preventing future conversion of storage spaces into additional dwelling units.

What happens next: The applicant must incorporate the architect’s corrected measurements into final plans and record the deed restriction before resolution compliance is accepted.