PUBLIC NOTICE
NOTICE OF HEARING
FRANKLIN TOWNSHIP ZONING BOARD
APPLICANT: JC Company LLC PROPERTY: 870 Harding Highway; Block 7101, Lot 30 (the “Property”) DATE OF HEARING: Tuesday, August 5, 2025 at 7:00 P.M.
In accordance with the requirements of Franklin Township Zoning Ordinance and Section 40:55D-12 of the Revised Statutes of the State of New Jersey, notice is hereby given of the hearing, pursuant to Whispering Woods v. Middletown Township, 220 N.J. Super. 161 (Law Div. 1987) regarding a settlement of a civil action entitled JC Company LLC, et. al. v. Franklin Twp. Zoning Bd. of Adj., et al, Docket No. GLO-L-108-22, concerning application ZB21-08 (“Application”). The Application was denied by the Zoning Board. The denial was memorialized in Resolution No. ZB21-08, adopted on December 7, 2021. A lawsuit was filed by JC Company LLC (the “Applicant”) and Gerald J. Truster challenging the Zoning Board’s denial memorialized by Resolution No. ZB21-08 and raised additional claims against the Zoning Board. The Parties have reached a proposed settlement, which required the Applicant to file an application and appear before the Zoning Board to request use variance relief and preliminary and final major site plan approval to permit three (3) uses on the Property: the pre-existing residential use; a retail swimming pool sales use; and restoration of the agricultural use with additional conditions as set forth in the Settlement Agreement and Release (“Agreement”).
PLEASE TAKE NOTICE that a public hearing has been scheduled forTuesday, August 5, 2025 at 7:00PM, to be held at the Municipal Building Courtroom, 1571 Delsea Drive, Franklinville, NJ 08322, during which the Franklin Township Zoning Board will consider and determine whether to approve the Agreement, a summary of its terms being as follows: 1 No manufacturing use shall occur on the Property and all exterior storage aspects of the manufacturing use were required to be removed from the Property. 2. The Applicant shall request Use Variance Approval to permit three (3) uses on the Property, which shall be: the pre-existing residential use, restoration of the agricultural use in the rear of the Property; and a retail swimming pool sales use, together with preliminary and final major site plan approval for such uses. 3. Exterior storage shall be prohibited on the Property with the exception of: (i) a total maximum of fourteen (14) pools, three (3) of which may be placed in front of the Property behind the existing landscaped buffer adjacent to Lot 28.01 of Block 7101, and eleven (11) of which shall be stored behind the three bay garage on the Property; and (ii) two (2) moveable trailers, the dimensions and locations of which shall be set forth in detail on the site plan submitted with the Use Variance/Site Plan Application.4. The precise location of the permitted exterior storage and two (2) moveable trailers shall be determined and agreed upon at the time of the Whispering Woods hearing cooperatively with the input and efforts of JC, Truster and the Zoning Board. Notwithstanding the previous sentence and Zoning Board discretion on the precise location of the permitted exterior storage, the Parties understand, acknowledge and agree that: a) three (3) pools shall be placed in the front of the Property as close as possible to the existing landscape buffer and b) eleven (11) pools and two (2) moveable trailers shall be stored in locations to the rear of the existing three bay garage. 5. Applicant shall be permitted to relocate the existing blue shed on the Property to the residential portion of the Property.
The Property is located in the “PH-C” Pinelands Highway Commercial District. In accordance with the preliminary and major final site plan approval, the Applicant is seeking variance relief from the following:
1.§253-164- which requires buffer strips of no less than 75 feet; and 2.253-181- to allow signage in the front yard consisting of pools with banners.
The Applicant is also seeking any and all waivers, variances, ordinance interpretations, and/or any other relief which may be deemed necessary by the Franklin Township Zoning Board in order to allow the proposed development. At the public hearing on August 5, 2025, at 7:00 p.m., any interested party may appear at the aforesaid hearing either in person or by an attorney and be given an opportunity to be heard with respect to the approval of the Application and Agreement. All documents, including the Agreement, a copy of the Application, relevant plans and supporting documentation are on file with the Secretary of the Franklin Township Zoning Board and may be reviewed during normal business hours at the Municipal Building, 1571 Delsea Drive, Franklinville, NJ 08322. This notice is being published in accordance with Whispering Woods v. Middletown Township, supra, the Agreement, and in compliance with the Zoning Ordinances of Franklin Township and the New Jersey Municipal Land Use Law.
MICHAEL J. MALINSKY, ESQUIRE
FOX ROTHSCHILD LLP, 1301 Atlantic Avenue, Suite 400, Atlantic City, NJ 08401
ATTORNEYS FOR APPLICANT (609) 348-4515
Published in The Sentinel of Gloucester County Printed Edition Week of July 24, 2025
Printers Fee $87.00
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