Hearing On Brick Orthodox School Continued To February

BRICK, NJ — After four hours of testimony, the Brick Township Board of Adjustment on Monday night continued its hearing on the proposed Orthodox Jewish school at the former Temple Beth Or site.

The hearing on the application by Congregation Kehilos Yisroel to operate a high school for Orthodox Jewish boys is scheduled to continue at 7 p.m. on Feb. 16 at Civic Plaza.

The zoning board hearing was ordered by Ocean County Superior Court Judge Craig Wellerson as part of the legal wrangling over the lawsuit Brick Township filed on Aug. 20, seeking an injunction to force the congregation to seek township approvals to operate the school.

The February meeting is anticipated to include testimony on a full traffic report on the potential effects of the school on traffic at Hendrickson Avenue and Van Zile Road, and stormwater management. Also anticipated for that hearing is an updated site plan with changes that the township's professionals requested, including showing a recreation area outside.

The hearing began with Adam Pfeffer, the attorney for Congregation Kehilos Yisroel, announcing that the law firm of Storzer & Associates was co-counsel.

Storzer & Associates is the law firm that has filed lawsuits against Toms River and Jackson, among other towns, alleging zoning denials were violations of the federal Religious Land Use and Institutionalized Persons Act, which exists "to protect individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws." Pfeffer then read into the record information about RLUIPA, citing several land use court cases where the act was invoked, and he said ordinances cannot interfere with a group's practice of its religion.

After Pfeffer spoke, Ronald Cucchiaro, attorney for the Brick Township Board of Adjustment, countered with references to other RLUIPA court cases, and said the standard was whether a zoning decision creates "significant pressure to conform his or her behavior accordingly" with regard to religion.

RLUIPA lawsuits led to investigations by the U.S. Department of Justice into zoning ordinance changes in Toms River and Jackson. Both towns had made changes to their zoning ordinances in recent years that led to disputes with Orthodox Jewish groups, which contended the changes significantly hindered their religious practice. Toms River was forced to make changes as part of a settlement with the Justice Department over its ordinances that restricted houses of worship to 10-acre properties.

The zoning of the former Temple Beth Or site has not changed; schools are a conditionally permitted use in the zone. Brick Township sued the congregation because it did not initially submit a site plan or seek approval for a change of use at the property. A summons issued to David Gluck, the president of Congregation Kehilos Yisroel, for operating the school without seeking permits and the use variance first is being heard in municipal court.

As part of the testimony Monday night, Pfeffer said the congregation would agree to several stipulations if the school for high school-age Orthodox Jewish boys is approved. Among them was that enrollment would be capped at 100 students, and 54-passenger school buses would not be used to transport students to and from the school.

Rabbi Eli Pollak, who heads the school, said using the big school buses "did not work" because of the driveway setup at the property. Instead, students would be brought to the school in 12-passenger vans and by parents dropping them off, Pollak said.

The traffic report resulted in a lengthy discussion. Justin Taylor, the traffic engineer for the applicant, said he does not anticipate a significant impact from the school because the hours when students would be arriving and leaving differ from the hours that students arrive and leave at Veterans Memorial Elementary and Middle schools.

The Orthodox school day would be from 7:50 a.m. to 9:30 p.m., Pollak said. Ninth and 10th graders leave at 8:30 p.m. and 11th and 12 graders leave at 9:30 p.m., he said. Students would remain at the school that entire time, Pollak said; field trips are rare. Meals would be catered but Pollak said the deliveries would not be by box truck.

Worship services at the synagogue would happen seven days a week, with an anticipated number of up to 50 worshipers.

Taylor said the school should have little to no interaction with the rest of Hendrickson Avenue or the neighborhood traffic.

But township planner Tara Paxton and board engineer Brian Boccanfuso both said they have concerns about the traffic and insisted on a full traffic impact analysis, which Paxton said is a site plan requirement with applications such as this one.

Taylor said he anticipates the passenger vans and cars bringing students to and from the school would go back out to Route 70 by making left turns on to Hendrickson and onto Van Zile, which is not controlled by a traffic signal. He estimated 30 vehicles would be added to the traffic.

Brick Township school buses pull into the Veterans Memorial complex via Hendrickson Avenue and leave via Harrison Avenue, which is controlled by a traffic signal.

In addition, the complex is home to the school district's administration building and sports fields and activities at Veterans Memorial Elementary and Middle schools with varying amounts of traffic, often in the evening.

Taylor said routing the traffic from the school out onto Van Zile Road or out to Route 70 was not a viable alternative. On Van Zile, the nearness of the property to Route 70 is a problem for adding another entrance. A detention basin between the building and Route 70 creates issues for routing traffic that way, he said.

Christine Nazzaro Cofone, a licensed planner who testified on behalf of the congregation, said because Hendrickson Avenue already is used as a route for school buses to access the two public schools, it was hard to argue that having traffic to the Orthodox school would be creating a negative effect.

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