It's not a slam dunk for religious organizations, the courts do realize that residents have rights!
Morristown ordered to limit temple plans Judge rules to uphold zoning variance, but with conditions to allay neighbors' concerns
BY PEGGY WRIGHT DAILY RECORD
The Morristown Zoning Board of Adjustment was ordered by a judge Monday to set conditions on Temple B'Nai Or's expansion plans so that neighbors' worries are appeased.
Superior Court Assignment Judge B. Theodore Bozonelis on Sept. 16 upheld a variance the zoning board gave the 700-family synagogue in June 2004 to add nine classrooms and redesign its kitchen and social hall. The board's approval had been appealed to the Morristown Council by some neighbors on Overlook Road, and the council overturned the variance. The temple appealed to Bozonelis, who ruled last month the variance was properly granted.
But mindful of the dissatisfaction of neighbors, the judge said he wanted more conditions set on the expansion to balance out residents' concerns about increased traffic, noise, and obtrusive lighting. The purpose of Monday's hearing was to decide whether the town council or the zoning board should set the conditions and Bozonelis designated the zoning board, over the objection of the lawyer for the opposing residents.
Attorney Robert J. Inglima Jr. told the judge that the zoning board -- which voted 6- 1 in favor of the temple's expansion -- made the residents feel like nuisances.
"My clients were reminded by the board of how burdensome the hearings were," Inglima said. "My clients do not feel at the time they were before the board that they received fair treatment."
Call for understanding
As he urged in September, the judge said the residents and temple officials should try to talk out differences and reach agreement on any conditions they can before the zoning board reviews the case, either in late November or early December. The variance approval remains in effect, and the purpose of the zoning board review is solely to try to work out traffic, noise and aesthetic conditions so neighbors are satisfied.
Temple officials have said the existing synagogue has long outgrown the congregation's size, which was just 275 families in the early 1970s. There is no space to hold meetings and the clergy work out of tiny quarters. Besides being a house of worship, the synagogue runs a daily nursery school for about 70 children and has eight classrooms where up to 150 children and teenagers may meet on a given day for religious studies, Hebrew training, youth groups and other activities.
The synagogue does not run a day school, but about 450 children -- apart from the nursery school children -- go there on different days for activities or Jewish instruction.
Because Temple B'Nai Or is in a residential zone, it needed a variance to expand as a nonconforming use.
