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The "All Opinions are Welcome, but Sorry no Instigators" Board -> Rockaway Township Free Speech -> What the DR did cover, of course!
Post Info TOPIC: What the DR did cover, of course!
Rational


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What the DR did cover, of course!
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Here is what the DR did cover, of course!!


 


Lawyer: Ordinance targets Christ Church


Rockaway Twp. hopes to toughen regulations

By Rob Jennings, Daily Record

ROCKAWAY TWP. -- Township officials would be "tightening a noose around themselves" if they implement a new zoning law impacting a controversial mega-church plan, according to an attorney for the Washington, D.C.-based firm advising Christ Church of Montclair.

Derek L. Gaubatz, director of litigation for The Becket Fund for Religious Liberty, said Wednesday that "a pattern of deliberate targeting that amounts to discrimination" is evident in the proposed ordinance and other controversies surrounding the 5,000-member church's building plan on Green Pond Road.

In response, the Bucks County, Pa., attorney hired by Rockaway Township to advise local officials on the Religious Land Use and Institutionalized Persons Act (RLUIPA) accused Gaubatz of making false charges and ignoring legitimate environmental concerns.

"You've got a church that ... the biggest problem seems to be environmental," said Marci Hamilton, a RLUIPA critic.

Hamilton has battled the Becket Fund in a number of cases and may defend the township if Christ Church files a lawsuit under the 5-year-old federal law, which gives churches great leeway in zoning disputes.





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Church spokesman Marc Weinstein challenged the sincerity of environmental complaints raised by building plan opponents for more than a year. He noted that Christ Church's plan includes an environmental cleanup at the 107-acre, former Agilent Technologies site.

"We expected this," Weinstein said of the ordinance.

He declined to speculate what the church might do if the ordinance is adopted March 2.

Hamilton said she was consulted before the zoning ordinance was introduced Tuesday night. The ordinance was introduced by Councilman Eugene Sheninger, who did not return a phone call Wednesday.

Mayor Louis Sceusi said the ordinance is aimed at making the township's requirements consistent with toughened state storm-water regulations and the new Highlands law, which strictly limits development in a 395,000-acre preservation zone that includes the proposed mega-church site.

Sceusi said the ordinance also seeks to clarify standards for houses of worship, which will remain conditional uses throughout the township. The township's planner and others criticized the standards as too vague during last year's hearings.

The ordinance, if adopted, would not necessarily bar Christ Church from building a 2,512-seat sanctuary or private K-5 school.

However, the ordinance likely would force Christ Church to reconstruct its 304,000-square-foot building plan. The church might have to eliminate a fitness center and reduce the capacity of a 600-seat fellowship hall.

A parking deck, which the church wants, would be prohibited.

Under the time-of-decision rule, the ordinance would immediately apply to Christ Church upon adoption. Public hearings have been under way since December 2003.

A 12th hearing will take place Monday.

Sceusi, who serves on the planning board, said the ordinance is not intended to single out Christ Church -- a point contested by Gaubatz.

"This type of ordinance (represents) a newfound concern at this date over things like parking structures and environmental impact," Gaubatz said, though Sceusi insisted he had been pushing for the changes for years.

"The township is really continuing the pattern of delay and curious choice of strategy -- this whole notion of holding things up for five months while debating whether it was a church of not," Gaubatz said.

Weinstein has charged that an extensive inquiry last year into whether Christ Church's large size should preclude it from consideration by the planning board -- the board eventually opted to retain jurisdiction -- was a stalling tactic.

Hamilton countered that the ordinance is a justified response to RLUIPA, which gives houses of worship significant leeway in zoning cases. She charged that the 5-year-old law has diminished the rights of municipalities to regulate church proposals that increasingly are quite large and result in significant local impact.

The proposed local ordinance was cheered by opponents of the Christ Church building plan, though Voices of Rockaway Township co-founder Lisa Salberg said "it's much broader than one issue."

Salberg said municipalities were expected to update their master plans and ordinances to provide consistency with the Highlands law.

The local ordinance proposal, she said, would accomplish that while protecting religious freedom.

"It gives any house of worship the ability to practice religion as they see fit in all the zones of the township," Salberg said.




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Jay R


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Did you think that our friend Mr. Marc would allow this to be without headline articles in ALL the papers?


 



















Church criticizes proposed ordinance
Rockaway Township stands by changes
Thursday, February 03, 2005
BY PAULA SAHA Star-Ledger Staff

A spokesman for Christ Church said an ordinance introduced by the Rockaway Township Council on Tuesday night was "clearly directed" toward the Montclair church's plan to relocate to the former Agilent Technologies site in Rockaway Township.


"It's a sad state of affairs when government officials exercise their powers to impose restrictions on our religious freedom," Marc Weinstein, a spokesman for the church, said yesterday.












But Councilman Gene Sheninger, who introduced the ordinance, denied the allegation.


The township ordinance currently states that certain structures, including churches or schools, are allowed in any part of town as long as they do not create a public hazard. But, Sheninger said, the courts have ruled that those exceptions must be specifically defined, and Rockaway Township's laws did not do that -- a fact that was pointed out by planners for both the town and Christ Church.


"Truth be told, we were told to do it," Sheninger said. "Quite frankly, their planner said the same thing. They said it: This ordinance is deficient. We just went ahead and fixed it. The timing could have been better; we should have done it years ago."


"Had we not done this, then the church is a nonpermitted use in our town. ... What we've done is made it a permitted site," he said.


The new ordinance also defines schools and municipal buildings, and the measure will also have an impact on other proposed projects in town, Sheninger said. For example, the Chabad Center in Rockaway is planning a school on Pawnee Avenue, and if the ordinance becomes final, its application will be governed by the new law, Sheninger said.


The new ordinance also brings the township's environmental regulations into alignment with new state laws governing storm water and the Highlands Preservation Act.


But Weinstein called the proposed ordinance "changing the rules" halfway through the game, and said the church had no plans to revise its application.


It is unclear what specific effects the ordinance would have on the church plan, but some impact seems apparent. For example, the church is planning a parking deck; the proposed ordinance prohibits all parking decks.


In addition, the new ordinance defines ancillary uses for a house of worship -- it permits a religious school, office, social hall, parking and loading areas. Christ Church's plans also call for audio/visual studios and a fitness center.


The ordinance caps the maximum seating capacity of a church's social hall to 20 percent of the seating capacity of the sanctuary. The most recent plans submitted to the planning board say the fellowship hall will seat 600, but the ordinance would limit that number to 502.


A public hearing and final vote on the ordinance are scheduled for March 2. Christ Church's site plan hearing before the planning board continues on Monday at 8 p.m. at Copeland Middle School.



Paula Saha covers Rockaway Township. She can be reached at psaha@starledger.com or (9-73) 539-7910.

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THINKER


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"It's a sad state of affairs when government officials exercise their powers to impose restrictions on our religious freedom," Marc Weinstein, a spokesman for the church, said yesterday."


I am so confused by this statement. We are not restricting their religious freedom by no means. Limiting size, if anything. How is that interferring with their religious freedom? They can build here, but their numbers must be smaller. Isn't it more that government officials are exercising their powers to restrict the building size because of environmental concers? CC can build, only not as big as they want. So how will this hold up in court? Their religious freedom is not being threatened. Just their size.



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RTconcern


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What if all Catholics or all baptists or all Jews detrimined that they must all be under one roof to practice their religions?  Would their be a building large enough anywhere in the world?  In a nut shell this is what CC is saying by its need to have this mega building.  It is a rather intesting to think about it from this point of view. 


I wish CC would build a church that is in line with the size and scope of the area - then frankly their would be no problems.  When do you think that they are going to understand that?  They are so blinded by anger now that I do not think they are seeing clearly.  I also think they are blinded by the myth that they can sue thier way here and somehow get us to pay for all of this (watch the video on the Voices website). 


It is a sad day when a religious institution threaten the community it claims to want to be part  of just because they are working to protect G-ds earth.


 


 



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BR


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Talking out of both ends? Time to get a new PR guy.


Here's what Weiney told the Ledger:


But Weinstein called the proposed ordinance "changing the rules" halfway through the game, and said the church had no plans to revise its application.


And, Here's what Weiney told the DR:


"We expected this," Weinstein said of the ordinance. He declined to speculate what the church might do if the ordinance is adopted March 2.


PS: Robs article was OK, he covered both sides, but he needs to be more careful with his headlines. He posts CC's accusation against RT as if it were a fact. Take a lesson from the Ledger Rob.



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karen


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I certainly hope that the Town Council will stand their (our) ground and not buckle under this strongarm threat by the Becket Fund.

Tightening the noose around themselves, indeed!

They're going to sue us whatever we do.

Council, please protect our town and do what's right! Your township residents support you all the way in this.

Do not allow the bullying threats from the Becket Fund to intimidate you into backing down.

Thank you, the Planning Board members, and VORT for all your hard work.

IRT!

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IHeartRockaway


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I certainly hope that the Town Council will stand their (our) ground and not buckle under this strongarm threat by the Becket Fund.

Is the Beckett fund going to sue CC on my behalf when I can't get through traffic past 140 GPR on my way to my church?

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GadFly


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quote:
Originally posted by: IHeartRockaway
"Is the Beckett fund going to sue CC on my behalf when I can't get through traffic past 140 GPR on my way to my church? "
Nah - they'd be more likely to sue Rockaway Township and Morris County for not providing the roadways to allow religious freedom.

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Rational


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I vaguely remember something about the RLUIPA law which is very unusual.  I have not looked at this in over a year, but I seem to recall the following oddity. 


If someone sues under the RLUIPA law and looses, the defendant still must pay for the legal costs associated with the loosing plaintiff.  Is that bizarre or what, or am I wrong on this one.  Anyone else remember this clause in the law?  If that really is the case, I do not see why the Becket Fund is not suing almost everyone in the country based on RLUIPA.  It's a win-win  for them even for loosing.



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karen


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hmm, I don't recall anything like that. I just recall that the suit provides for defendant to pay all court and legal fees...

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Rational


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Quoting IHeart:


"Is the Beckett fund going to sue CC on my behalf when I can't get through traffic past 140 GPR on my way to my church?"


----------


It is hard to believe that CC's rights exceed those of the good peoples of Rockaway Township and their desire to get to church in a timely manner on Sundays!  I advocate suing CC for even thinking about moving a 20,000 person church to this township, especially in view of the fact that they have ZERO members in town.  That would be a total violation of our religious freedoms.



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karen


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Hey craig, wasn't it hilarious when (I think it was you), asked the Rev if he considered it a violation of your wife's freedom of religion if she is prevented from attending her own religious services because of traffic from CC's services?

His answer, once again, matter of factly, "no."

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Rational


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Karen,


You are absolutely right; it did happen exactly that way.  I think that we have that one on tape here.  That guy never ceases to astound us!



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The monster under the bed


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quote:
. PS: Robs article was OK, he covered both sides, but he needs to be more careful with his headlines. He posts CC's accusation against RT as if it were a fact. Take a lesson from the Ledger Rob. "
     Rarely would I stick up for a reporter, but in this case I must. Reporters never get to write their headlines. The copy editor is assigned this task. Then I think it is forwarded to layout then the editor approves. Robs job is to fill the required amount of column inchs allowed. So in this case we have to cut him a little slack. In the newspaper world he usually can't even suggest a headline.  Ive missed you all, see you soon. 

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karen


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Ah, the original, one and only REAL Monster Under the Bed.


The inspiration for many false incarnations...


Good to hear from you again!



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