The key item on the agenda was the request by Fleet Franklin Inc. to modify a condition from a 2019 development approval that mandated the inclusion of a community garden at The Grove at Somerset, a development consisting of 34 townhouse units. Represented by attorney Steven Ward, the company sought relief from this condition, citing feedback from the homeowners who preferred the current use of the grassy area for community events and gatherings over a garden. The board listened to testimonies from various witnesses, including a principal of the company, Paul Schneier, who detailed the existing amenities of the development, such as passive open space and a gazebo, but acknowledged the absence of playgrounds or play areas.

The discussion revealed homeowner concerns that influenced this request. Residents expressed fears that the proposed garden’s proximity to residential buildings, particularly Building Five, could compromise privacy and present safety issues. Aditya Mapari, a resident and member of the homeowners association board, voiced support for removing the garden, emphasizing that the residents had reached a consensus with the developer. He elaborated on the community’s desire to retain an open lawn for activities and gatherings, which had already been taking place, and noted the potential maintenance burden a garden could impose.

Andrew Janu, a licensed professional planner, presented the technical aspects of the variance application. He explained the rationale for converting the garden space into more passive recreational use, aligning with community preferences. Janu argued that while the ordinance required 400 square feet of recreational space per townhouse, the community’s needs had shifted, and the current proposal would better serve the residents without reducing available recreational space. The variance, classified as a C2 variance, allowed for deviations from zoning ordinances if a public benefit could be shown.

Board members engaged in a discussion about the definition of adequate recreational space. Concerns were raised about setting a precedent that could allow for lawn areas to be classified as recreational without any physical improvements like pools or playgrounds. Janu clarified the proposal’s intent to maintain the municipal land use law’s objectives by transforming the garden area into a flexible space for community use, totaling approximately 6,542 square feet.

The debate emphasized the need to balance zoning regulations with community preferences, which were clearly in favor of preserving the open lawn. A board member highlighted that any variance should benefit both the developer and the residents who would use the space. It was stressed that tangible recreational features should accompany such variances to avoid future ambiguity in developments.

Public comments were invited, but no additional opinions were expressed, either in support of or against the variance. After thorough deliberation, the board members unanimously approved the motion to grant the variance, allowing Fleet Franklin Inc. to proceed without the community garden requirement. This decision was seen as a reflection of the board’s recognition of the community’s current needs and the practical use of the space, rather than strict adherence to past zoning conditions.