Below are four stories from local news services. These were published after the most recent May 2nd Millburn Zoning Board of Adjustment hearing regarding The Chai Center and their attempt to have variances overturned.

New Chai Center proposal 'slides' building forward to satisfy variances

Wednesday, May 4, 2011

BY HARRY TRUMBORE

The Item of Millburn and Short Hills

A revised site plan was presented for the proposed synagogue at the corner of Jefferson Avenue and Old Short Hills Road during the May 2 meeting of the Zoning Board of Adjustment.

Expert witnesses called by attorney Larry Kron, who represents Rabbi Mendel Bogomilsky of the Chai Center of Living Judaism, outlined for the board how the new plan "slides" the footprint for the synagogue forward and maintained it now meets all setback, buffer and height requirements.

"We eliminated the variances," said Kron. "The only variance we are seeking is a D3 variance for the three acres."

Current township regulations require three acres for a house of worship.

Bogomilsky is proposing to tear down the residence on his property as well as the house on an adjoining lot and build a 16,350 square foot synagogue on the 1.8-acre lot.

Attorney Kevin Coakley, attorney for residents opposed to the project, asked engineer David Fantina what the original setback for the front of the building was.

"It originally had an 80-foot setback to respect the setbacks in the neighborhood," Fantina said.

Coakley made the point that under the new plans, the setback was 57 feet from Jefferson Avenue, yet front yard setbacks for surrounding properties ranged from 90 to more than 150 feet. Fantina admitted that the new plans addressed the opponents' concerns voiced about setbacks on all sides.

The project, he said, "was just slid and squished to respect the buffers."

Eileen Davitt, the town's zoning officer, ruled that there cannot be an average setback established because there is only one neighboring house. Coakley and John Lamb, an attorney representing the couple living in that one neighboring house, protested that an average can't be established because the rabbi will be demolishing two of the three homes that would be used in the calculation.

Both Coakley and Lamb quizzed Fantina about the proposed 50-vehicle parking lot. Coakley maintained that the parking lot required a variance, and Lamb argued that Fantina's plans allow for an extra 13 cars, double-parked on the grass next to the lot.

Lamb implied that the true parking figures, including spaces on the grass, were hidden on the second page of the revised application and suggested that some of that parking was in the 50-foot buffer on the northern part of the property.

"I'm asking if that is part of your parking for 365 days or only one day a year," Lamb asked.

Fantina said the extra spaces would be used only "once in a blue moon."

"If the board doesn't like it, we'll take it out," countered Kron.

Architect Larry Appel told the board that revisions to the roof had brought it under the ordinances regulating height. Questioned why the roof hadn't been brought into regulation height in the original plans, Appel answered the structure has Gambrel roofs and he believed they were legitimate "until it was discovered otherwise."

Beyond that, Appel testified, there were no changes made to the structure, inside or out.

The next hearing for the application is scheduled for the board's June 27 meeting. According to Kron, planner Paul Gleitz will testify on the applicant's behalf.

After board Chairman Joseph Steinberg noted that additional hearings may have to be scheduled, board member Roger Manshel said the hearings have gone on for a year and it would not be fair to hold public hearings - done when both sides have finished their presentations - during the summer when many residents are on vacation.

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Chai Center Hearing Continues Before Millburn Board of Adjustment; Spotlight Focuses on Parking, Buffers, Building Height in New Plan

by Bob Faszczewski

The Alternative Press

Tuesday, May 03 2011

MILLBURN, NJ - The Millburn Board of Adjustment hearing on the Chai Center proposal for a 144-seat synagogue, a library, a social room and multipurpose room on 1.8 acres of residential property at Old Short Hills Road and Jefferson Avenue continued Monday with testimony on a revised site plan and its effects chiefly on parking on the site.

Site Engineer David Fantina testified that, under the revised site plan, the building will have the same “footprint” as previously proposed but the applicant will “slide” the building so it is set back 57 feet off Jefferson Avenue with a 50 buffer to the north of the parking area and to the west after the parking area is moved more easterly on the site. Evergreen trees would be scattered around the perimeter between the parking area and the resident properties adjacent to the site, he added.

According to Laurence Appel, architect for the applicant, revised roof plans for the structure, while leaving the originally-planned architecture intact, will decrease the height from 34 feet, three inches to 31 feet, 11.5 inches—thus bringing it into conformity with the height requirements of the township zoning ordinance.

Resident Michael Becker, an objector to the project, wanted to know why the architect would propose a building that he knew to be above the height requirement, but believed to be part of a good plan, then go back and change that plan so that the height now conforms to the zoning law.

Appel replied gambrel roofs such as the one planned for the center can have different pitches, and after talking with the township engineer, he decided he could revise the roof to make it comply with the ordinance without substantially changing the structure of the center.

Kevin Coakley, attorney for the objectors, challenged the contention by Fantini, the engineer for the applicant, that the parking area designated for the site no longer required a variance.

It was Coakley’s contention that a variance was needed because the parking area exceeded the requirement for an accessory use of the site, but Fantini replied in his 25 years of appearing before zoning bodies in a number of communities parking had not been considered an accessory use.

Both Coakley and John Lamb, the other attorney for the objectors, cited state land use law that they said defined parking as an accessory use.

Fantini also said parking for about 13 cars would be available in a depressed curb area north of the officially-designated parking area. This overflow area, he added, would be used less than once a year and, therefore, would remain unimproved.

Lamb contended the overflow area should have been included in some manner when calculating the amount of impervious coverage to be taken up by the project.

“If overflow parking was being provided why didn’t we see it in the plan?” he added. “We never get a complete plan. It seems to be a shell game.”

Fantini also conceded if there were no designated areas for parking a bus or a truck bringing food to events in the center. Those vehicles, he said, would have to arrive before the parking area was full and could take up a number of spaces normally reserved for cars.

Although it would be possible to turn ambulances around in the parking lot, he noted, fire engines and larger emergency vehicles would have to go up on a curb to exit the parking lot.

He added, however, that it had been his experience that fire departments preferred fighting fires from streets outside complexes rather than from parking areas adjacent to buildings.

The Millburn fire marshal still is reviewing the revised plans and his report is due before the next hearing on the Chai Center.

The zoning body set its next hearing on the Chai Center proposal for June 27 at 7 pm in the Millburn Town Hall. Paul Gleitz, the planner for the applicants, and a few other minor witness are expected to testify at that time and then the objectors are expected to present their case.

Following all testimony, according to board chairman, Joseph Steinberg, the public will have a chance to ask questions and make statements.

Zoning board continues hearings on proposed Chai Center

Engineer, architect present revised plans that bring height, buffers into compliance with township ordinance

By Christy Potter Kass  8:21am

The Patch Millburn-Short Hills

The Zoning Board of Adjustment heard the latest in a series of testimonials on Monday night regarding the proposed expansion of the Chai Center.  This hearing focused on revised site plans presented by engineer David Fantina and architect Larry Appel.

The new site plans, submitted to the board last week, now meet the height requirements and buffers between the site and the surrounding properties.

The hearings have been ongoing for more than a year. 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 – the Chai Center of Living Judaism – for his congregation to worship in.

Much of Monday night’s discussion centered on parking at the facility. The lot is planned for 50 cars, with overflow parking possible for an additional 13 if some cars are double parked.

Fantina emphasized that he would expect the overflow parking to be needed “once in a blue moon.”

“I anticipate the overflow parking would be needed less than once a year,” he said. He added, in response to questioning from board member Gail Fraser, that there would be no stabilization of the ground with gravel or anything other than grass.

John Lamb, the attorney for Bogomilsky's neighbors Gail and Ciro Gamboni, who oppose the application, protested that the provisions for overflow parking does not appear on the first page of the revised plans but instead is mentioned on the second page.

Fantina also answered questions about whether emergency vehicles could access the property while services are being held, whether service access into and out of the parking lot is adequate, and how the changes to the plan affect a nearby swale.

Board Chairman Joseph Steinberg said the revised plans have been submitted to the Millburn Fire Marshall and he expects to have his report by the next meeting. Likewise, the new plans have not yet been reviewed by the township engineer.

There was also considerable discussion on the setback of the proposed building. The zoning officer has ruled that the proposed 40-foot setback is acceptable and that an average setback cannot be established as there is only one house in the area. Lamb and Kevin Coakley, the other opposing attorney, argued that there is only one house because the rabbi’s proposal would involve tearing down the other two houses that are there.

During his presentation, Appel testified that the only change he made to his previous plans was the height of the building, which was done by changing the style of the roof.

“There were no changes to the footprint of the building,” Appel said. “There were some minor changes to the windows as the result of the roof change, but nothing that affects the character of the building.” The height, which was 34 feet, three inches, is now 31 feet, 11½ inches, he added.

The Chai Center hearings will continue on June 27.

New plans offer next chapter in shul zoning hearings

Only acreage issue remains; hearings continue to drag on

by This e-mail address is being protected from spambots. You need JavaScript enabled to view it
NJJN Staff Writer

May 4, 2011

The Chai Center Shul in Short Hills submitted new plans to the Millburn Township Zoning Board of Adjustment on April 20. Its plans for the adjoining properties at 1 and 7 Jefferson Road in Short Hills have been the focus of protracted hearings before the board that have been ongoing since April 2010.

The new plans bring the proposed building into compliance with all but one of the violations previously charged, according to testimony given by zoning officer Eileen Davitt at the latest board hearing, held at Millburn Town Hall on May 2.

With the new plans, only one variance is required. The township requires that all houses of worship be built on not less than three acres. At 1.815 acres, the Chai Center property falls short of this requirement.

The hearings began more than a year ago, and a core group of about 40 committed residents both opposed and in favor of the Chai Center’s plans continues to attend the hearings, held approximately once each month.

Those opposed include Norman Israel, a member of Temple B’nai Jeshurun in Short Hills, who called the plans submitted by the Chai Center’s Rabbi Mendel Bogomilsky “a travesty.”

Others, like Mike Becker, view the hearings, and the stakeholders’ positions, as a game to be played. Commenting on the submission of the new plans, he said, “That’s the game. You come in and demand a lot, but at the end you show your flexibility.”

The new plans drop the proposed building’s roof height from 36 to 32 feet and increase the buffers around the building to bring it into compliance with township ordinances.

At the May 2 hearing, the board agreed to rehear testimony, based on the new plans, from the engineer, architect, and planner. The first two testified at the May 2 hearing.

During testimony from site engineer David Fantina, there was some discussion about whether the new 40-foot setback is sufficient, given neighboring properties’ setbacks of over 100 feet. There was also debate about whether the site’s proposed parking lot is an “accessory use” under the ordinance.

There was some drama when attorney Kevin Coakley, representing those opposed to the project, objected that “every time a witness is told to answer a question that is difficult, we are told there’s a different witness to question.” Zoning board chair Joseph Steinberg responded, “That’s because you are asking the wrong person the question.”

There was some heated argument around this issue, with corresponding mumbled outrage coming from the audience and at least one person muttering, “This is a joke.”

In the midst of the parking lot discussion, Norman Israel stood up and, with raised hand, said, “May I ask a question?” Steinberg responded, “No,” and Israel sat down, saying, “I didn’t think so.”

By law, residents are not permitted to make statements during the proceedings.

Meanwhile, opponents of the Chai Center have issued a statement asking the Township Committee to reinstate fines totaling $499,000 that were forgiven as part of a 2009 agreement for Chai Center to go before the zoning board. Opponents claim that instead of applying for variances associated with expanding the existing building, Chai Center instead applied for variances associated with demolishing the building and building a new one. That claim was scheduled to be heard separately, at a town meeting on Tuesday, May 3, after this paper went to print.

Bogomilsky’s attorneys wrote in response that “We find this somewhat ironic as the amendments are being proposed to specifically address concerns raised by the association and other objectors.”

The zoning board hearing was adjourned until June 27.

There has been frustration on both sides over how long the case has taken. Before the hearing, in an anteroom, one resident, discussing recent world events with some peers, said — referring to Osama bin Laden’s killing — “If he was captured, it would be an even longer case than this one against the Chai Center.”

Bogomilsky said he is as eager as everyone else to move forward and that he is staying optimistic, saying, “We’d like to have begun construction already!”