Chabad School Variance Request Sparks Outcry In Toms River

Toms RIver officials have been besieged by emails and phone calls in recent days as a groundswell of vocal opposition has surfaced for a variance request by a property owner on Church Road.

Residents nearby have been notified that Chabad Jewish School of Toms River is scheduled to appear before the township’s Zoning Board of Adjustment on Thursday evening on the application, which is a request for a variance to permit the property at 2001 Church Road to be used as a school.

The zoning board agenda notes, ”The applicant seeks Use Variance and Minor Site Plan approval so as to establish a school facility as an additional use within the existing single family dwelling.”

The proposed school would use an existing residential driveway and an existing parking lot with 10 spaces, as well as utilities connections that already exist, according to the agenda.

The property currently has a private home on it, and is in an R/C-3 zone -- a Conservation Residential Zone, which does not allow schools, according to Toms River’s zoning ordinances. The variance is being sought under the ”public utilities” conditional use category.

The outcry has included at least one online petition, which had more than 2,500 signatures as of Tuesday afternoon, and a flood of emails, letters and phone calls to the Township Council. The number was so significant town officials issued a statement through township attorney Kenneth B. Fitzsimmons saying the township council cannot take a stand on the matter.

“As with all applications pending before the Zoning Board, the Council has been advised by the Township Attorney not to discuss actives cases because these matters are quasi-judicial proceedings,” Fitzsimmons’ statement, posted on the township’s website and its Facebook page, reads. “Any interference by the governing body with a pending case can be grounds for a court to overturn a decision by the Board.”

“All evidence to be considered by the Board must be presented in person and under oath at a public meeting of the Board. Any person offering a comment or opinion on a variance case is subject to cross-examination by the applicant or Board,“ he said.

Those rules have been strictly imposed by the state’s courts, he said, and they “have applied sanctions for any violations.”

Residents who have signed the online petition have expressed concerns about additional traffic on Church Road, which is a busy road connecting Old Freehold Road and Hooper Avenue. It also offers access to two entrances to Ocean County College, including the new entrance on North Bay Avenue that just opened within the last couple of weeks.

“We believe that additional traffic in an already congested residential zoned area, will only serve to have a negative impact on the community. We are strongly opposed to the use variance,” wrote Jim Dierking.

“Church Rd. is busy enough in this residential area of Toms River,” wrote Dennis Opperman. “We don’t need any other reason to decrease values in our neighborhood.”

Others object on the basis of turning a home into a religious facility, concerned that a property tax exemption will be sought.

“Zoning and planning boards designate areas for schools and religious use for a reason. As we allow variances for individual groups, anarchy is encouraged,” Todd Sirota wrote. “What’s to stop every residential home from becoming a “church”?”

Christina Brooks wrote, “Church Road is already a congested and dangerous road. Adding additional traffic, including school buses, to that is irresponsible and dangerous. Following the impact to our tax base from hurricane Sandy, it is also irresponsible to allow additional properties to be rezoned as tax free. While I fully support the rights for any religious group to build a place of worship or school, it should not be in an area already established as residential.”

The zoning board meeting on Thursday begins at 7:30 p.m. on the second floor of the township municipal building on Washington Street.

“Your comment and opinion is important to this proceeding. We urge you to appear at the October 22nd meeting,” Fitzimmons said.