Wednesday, February 9, 2011

BY LAURA D'ONOFRIO

The Item of Millburn and Short Hills

The site planner for the Chai Center of Living Judaism, Paul Gleitz, was in the hot seat as he faced his first cross examination at the Feb. 7 Millburn Zoning Board meeting. It was the ninth hearing for the Chai Center, a synagogue headed by Rabbi Mendel Bogomilsky. The rabbi hopes to demolish two single family homes at 1 and 7 Jefferson Avenue and construct a 16,350 sq. ft. orthodox shul in the residential neighborhood

Attorney John Lamb represents neighbors Gail and Ciro Gamboni, who oppose the proposal. He asked Gleitz if the gross floor area (GFA) of the proposed synagogue is larger than the average GFA within a quarter mile of the property in question.

Gleitz testified that the average GFA within the 197 tax parcels within the a quarter mile of the Chai Center property is 12.8 percent. He added that the proposed synagogue would have a 20.7 percent GFA. Gleitz noted that the Millburn GFA calculation uses the first, second and basement levels, but he doesn't necessarily agree with that definition.

"The above grade GFA represents the actual impact," said Gleitz. "That GFA would be approximately 12 percent."

Lamb questioned Gleitz's point.

"Looking at intensity would it be reasonable to include all levels of the buildings and uses," said Lamb. "The above ground GFA is more for exterior and aesthetic uses?"

Gleitz agreed above ground GFA is used more to see how a project fits in its surroundings, but that "intensity" is too broad a term to connect with GFA. He said intensity could also include parking, lighting or noise.

"Our idea was to see that if the proposal would jump out to the average person walking down the road," countered Gleitz.

Lamb also questioned whether the application provided for sufficient landscaping along the buffer. He asked whether there had to be a 15 feet of landscaping in a zig zag pattern between the proposed new building, the parking lot and the neighbors' borders.

Gleitz responded that the requirement was not met and that the zoning officer did point out that the plan had insufficient landscaping.

"We couldn't tell exactly what the indentified deficiencies were," said Gleitz. "But given the design and traffic requirements there is no way for us to fill that area with landscaping."

Lamb questioned whether it was possible for the Chai Center to comply with the landscape requirements by decreasing the size of the sanctuary.

Gleitz dismissed the notion.

"All our requirements derive from an adequate size building that is appropriate for the congregation," said Gleitz. "We are seeking a waiver from these design standards."

Lamb moved on to contest a more controversial aspect of the project, the actual use of the proposed building. He asked whether Gleitz considered the proposal a cultural center and whether cultural districts have assembly uses.

Gleitz answered that he considered the shul a house of worship driven by sanctuary use and that he didn't review every section in Millburn zoning law on cultural districts.

Lamb wanted to know how many people could legally fit into the proposed Chai Center's social hall; Gleitz testified the number was 143 occupants.

Lamb probed further about weddings and bat mitzvahs.

"Is it fair to say that a wedding and bat mitzvah wouldn't be a simultaneous use," said Lamb.

Gleitz agreed. But Lamb asked further that if every house of worship has a facility for weddings.

"I am not sure. Most of my experience has been a ceremony in sanctuary and then move to a social hall," said Gleitz.

"You are talking about the past," said Lamb. "We are talking about the future. Is it possible there will be other spaces open for use? If you have a bat mitzvah on a Wednesday, could there be 150 people in the social hall?"

Gleitz said the maximum occupancy at any given time is 150 people.

Lamb moved on. He acknowledged that Gleitz offered testimony on the lots in town with the required 3 acres for a house of worship. The proposed lot for the synagogue is 1.815 acres. Gleitz confirmed this and said he offered maps of the lots to the board.

"You gave testimony that there were six lots with three or more acres," said Lamb. "But you didn't do a combination inquiry looking to assemblage of two lots that might meet the three acres? Or if I found a lot with two acres, wouldn't that be more suitable than a 1.8-acre lot? "

Gleitz said he did not.

"I didn't look at the tax maps to find an infinite combination of lots to make three acres," replied Gleitz.

Lamb also asked if Gleitz was aware of a study that identified the 1 Jefferson Avenue property as historic. Gleitz answered that he had not.

In April of 2010, the Item of Millburn and Short Hills reported that 1 Jefferson Avenue was included in a township wide survey known as the Historic Structures Inventory Update organized by the Historical Preservation Commission (HPC). The home was listed as a significant historical building in the survey for its large scale example of the early 20th century Dutch Colonial. The home, however, is not a designated historical site, said Zoning Chairman Joseph Steinberg at the time, and the application would not have to be referred to the HPC.

Gleitz also offered testimony on three house of worship approvals that he said bear some relevance on the Chai Center application.

He said the Wyoming Presbyterian Church received D-3 and other variances for substantial expansion in 1993, 1997 and 2008 with no parking on site. Congregation B'nai Jeshurun in May 2006 received approval to reduce parking for construction of a shed. No aggregation of uses or High Holiday parking needs were contemplated in the decision, testified Gleitz. He said the board considered one space per three regular sanctuary seats to be sufficient. Finally Congregation B'nai Israel received approval to reduce parking and construct a large addition within the side yard setback in August of 2008.

"We looked at these to see the character and nature of the houses of worship within the community as a whole," said Gleitz. "It is relevant to see how a house of worship developed over time and contributed to a neighborhood."

Aryeh Liwschitz is a member with SaveMillburn, a local non-profit that opposes the Chai Center proposal. He said in a written statement that that the group's bottom line relates to zoning.

"While minor variances are invariably granted to private homeowners, the Chai Center's request amounts to a very significant variance," said Liwschitz. "If it is approved, it would weaken the approved town-wide master plan and immeasurably alter the quality of life for the surrounding neighborhood."

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call 973-921-6455