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Franklin zoning board approves 258,150-sq.-ft. warehouse after heated debate, 6–1
Summary
After objections from neighbors and counsel over notice, cemetery impacts and legal authority issues, the Franklin Township Zoning Board approved a D1 use variance and site plan for a 258,150-square-foot warehouse at 135 Davidson Avenue by a 6–1 vote on June 18, 2026.
The Franklin Township Zoning Board voted 6–1 on June 18 to grant a D1 use variance and site plan allowing a 258,150-square-foot warehouse at 135 Davidson Avenue, resolving a months-long dispute that drew lawyers for both sides and multiple public commenters.
The motion to approve ZBA25-00009 passed after applicant counsel and town staff repeatedly told the board they could comply with outstanding staff conditions. Chair Bob Thomas announced the tally as "six in favor, one against; motion carries." Opposing the warehouse was board member Vasim Verdas; other voters recorded yes on the roll call.
Objector counsel Peter MacArthur urged denial in a lengthy closing argument, saying the applicant had not met the heightened "particular suitability" test required for a D1 use variance. MacArthur cited appellate cases and contended the board’s record lacked a site-specific justification distinguishing the parcel from surrounding properties. He also raised procedural and jurisdictional challenges, saying public notice did not reference use of an adjacent lot (block 469, lot 2.01) and that the expanded cemetery on that lot and related approvals were not adequately noticed.
"Proper notice is jurisdictional," MacArthur said in closing and asked the board to deny the three applications "for the reasons stated." He also argued the applicant’s proofs failed to address potential regional impacts and questioned whether the church had properly authorized the contract that underlies the sale.
Applicant counsel and proponents disputed those claims. A responding attorney said the subdivision creates roughly 15- and 17-acre parcels and that staff reports dated June 11 had resolved many technical objections. The applicant's attorney noted the township's 2026 master-plan language encouraging warehouse uses near Route 287 and said that prior approvals nearby and the vacatur of Executive Drive reduced the number of variances required. "The testimony as to what we are proposing is consistent with township regulations," an applicant attorney said.
Public commenters had raised local concerns before the vote. Vadym Nazarczuk told the board the applications did not clearly explain parking arrangements between a new facility and the seminary and said the new building would sit uncomfortably close to the seminary. Jim Johnston asked whether the project could become a data center; staff answered the application is for a warehouse, and a change to a prohibited use would require a new application.
The board’s approval includes the conditions and resolution-compliance items listed in staff reports; applicants must satisfy those items in the board's resolution compliance process before construction. Project opponents were also told that disputes over internal church authorization or alleged improper contracting remain matters for civil court, not zoning adjudication, unless those defects remove an applicant's legal standing.
The board did not adopt any immediate stay of approvals; the approvals can be subject to the normal appeals and compliance review timelines under local and state rules. The board adjourned the meeting following the vote.
