Wednesday, November 17, 2010

BY LAURA D'ONOFRIO

The Item of Millburn and Short Hills

Rabbi Mendel Bogomilsky of Millburn is looking to knock down two single family homes at 1 and 7 Jefferson Avenue and build a new 16,350 square foot synagogue for his congregation to worship in.

The rabbi's application for his Chai Center of Living Judaism faced some opposition at the latest Zoning Board hearing Nov. 15. Some residents don't think the parking and traffic projections presented by expert Elizabeth Dolan are in keeping with the residential surroundings.

One of the first points of contention was regarding the application's plan for parking. The applicant maintains that there are three dates where parking can be utilized at the Millburn Middle School if the 50 space synagogue lot is full.

The rabbi produced a letter he said showed the Chai Center would have the right to use the school lot in case the synagogue's lot couldn't meet demand.

Chairman Joseph Steinberg however, said the letter had no value because the times were wrong. Steinberg noted it said 11p.m. to 1a.m. Bogomilsky said it was supposed to say 11 a.m. to 1 p.m.

The letter with Millburn school district letterhead says the Chai Center could rent the Middle School lot for two dates in September and one date in October for two hours each at $90 an hour.

Attorney John Lamb, who represents Bogomilsky's neighbors Gail and Ciro Gamboni, who oppose the application, questioned if the parking contract will actually suit overflow needs.

"I object that the Middle School allowing some parking spaces constitutes a long term parking plan," said Lamb.

"If we use the space, we pay," explained the Rabbi. He added that there will be no bus or shuttle for congregants. They will walk to the Chai Center which is about half a mile away.

Some resident observers questioned this set up. Jean Campbell asked about constitutionality, which the board then deemed inappropriate.

"If this off-site parking is deemed unconstitutional because of the separation of church and state, and this is a public lot, what is the board going to do?" asked Campbell. "This could very well be unconstitutional and it troubles me to see our town possible go down this path."

Dolan was told not to answer by Chairman Steinberg.

The Rabbi pointed out that the Chai Center has been renting services from the Millburn public schools for some time, including high school classrooms for Hebrew lessons three years ago.

Joseph Danowsky asked if Dolan had studied the requirements for people with disabilities regarding the parking set up.

"For people who live in the neighborhood and walk the streets, say with visual impairments or in a wheelchair," said Danowsky, "and Jefferson has no sidewalks, did you look at this?"

Dolan said she didn't study that issue, only the parking issue.

"We meet the A.D.A. requirement with 50 spots, two are handicap only," said Dolan. Earlier in her testimony she stated the Chai Center would add about 100 to 200 cars per day on Old Short Hills Rd. which according to township police sees 19,000 cars a day.

Lisa Romano of Park Avenue brought up the traffic issue on Old Short Hills Rd. She says currently Park Avenue residents experience difficult visibility when turning left or right onto Old Short Hills Rd. because of the curvature of the road. She asked if Dolan anticipates the proposed Chai Center driveway on Old Short Hills Rd. could increase the likelihood of accidents.

"The weekday activity will be less than Saturday," answered Dolan. "Holiday traffic will be limited to only a few days per year.

Lamb then continued to press the Rabbi about seating. He asked if the Rabbi would rule out seating in the social hall.

The Rabbi answered that the 148 sanctuary seats will not be moveable, but that he will not rule out seating in the social hall.

"We are no different than any other house of worship," said Bogomilsky. "No other house of worship has that restriction, the seating in the social hall would be for prayer not necessarily sanctuary seating."

Regarding attendance Lamb brought up comparative data from surrounding congregations in the township. Bogomilsky testified that a Bar or Bat Mitzvah service would be the same even though they don't project more than 150 per event while other synagogues have an average of 200 to 300 people.

"Our number from 150 comes from our base of 20 to 40 people and we added 100 or so," said the Rabbi. "The other congregations have much larger base attendance numbers."

Kevin Coakely is attorney for The Concerned Neighborhood Association also known as Save Millburn who stand in opposition to the application. He questioned Dolan on her projection of 65 trips generated in and out during peak use, with a parking lot of only 50 spaces. Dolan maintained that from her experience parking demand and trip generation are two different things.

"Put aside what you think is appropriate. You have 65 cars going in and out and only have 50 parking spaces," said Coakley. "What will happen to those cars?"

Dolan said the 65 trip generation was a projection based on a worst case scenario, a busy Saturday and that the typical Saturday will produce far less trips. She adds that the 50 space parking lot is based on the ratio one space per three sanctuary seats. This ratio is upheld by the Institute of Transportation Engineers.

"Parking demand and trip generation are two different things, if there is overflow the cars will have to park elsewhere," stated Dolan.

The rabbi added that the last wedding the Chai Center held had 35 people, and said there has never been an event that exceeded 150 people.

Zoning Board members Kevin Suszko and James Clark brought up a question about the proposed synagogue's succession plan. They queried what the Chai Center will do if something happens to Bogomilsky.

"You seem to be the lynchpin of the organization," said Clark. "People come to see you, without you will they go elsewhere? You are a unique sect."

Apparently amused, Bogomilsky asked if there was a conspiracy going on. But in seriousness he answered that there is no shortage of rabbis and his congregation is no different from other orthodox synagogues except for the separation of men and women during service.

"Like I have said, we need a place to pray," said the rabbi. "We will have a big capital campaign if the board approves this and we are following this path based on faith."

"It was shut down, move or do the application process, which was our settlement in the lawsuit," concluded the rabbi. "We don't want to start suing the township again because they were a mess. We spent the money to do this application."

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