{"id":19120,"date":"2021-12-07T04:06:30","date_gmt":"2021-12-07T09:06:30","guid":{"rendered":"https:\/\/www.shorebeat.com\/brick\/?p=19120"},"modified":"2021-12-07T04:06:43","modified_gmt":"2021-12-07T09:06:43","slug":"private-school-officials-to-argue-building-wont-comply-with-zoning-but-is-inherently-beneficial","status":"publish","type":"post","link":"https:\/\/shorebeat.com\/brick\/2021\/12\/private-school-officials-to-argue-building-wont-comply-with-zoning-but-is-inherently-beneficial\/","title":{"rendered":"Private School Officials To Argue Building Won’t Comply With Zoning, But Is ‘Inherently Beneficial’"},"content":{"rendered":"
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The former Temple Beth Or, where a private high school opened, causing controversy, Sept. 2021. (Photo: Daniel Nee)<\/p><\/div>\n

When David Gluck, president of Congregation Kehilos Yisroel, the Lakewood-based entity that was ordered to shut down a religious high school that was illegally operating in Brick, appears before the Brick Township Board of Adjustment Dec. 20, a team of professionals will argue that the school cannot comply with the conditions of Brick\u2019s zoning ordinance \u2013 and that\u2019s okay.<\/p>\n

Just before the Thanksgiving holiday, CKY filed a formal zoning application with the township. Because the matter of the school centers on a change of use of the property that requires variance relief, the case will be heard before the Board of Adjustment (also known as the zoning board) rather than the planning board, which generally reviews proposals for new, larger-scale developments. The 21-page-long application contains a tranche of data on the specifications of the building and some insight into how it may be used, but more importantly, the document provides a look into the arguments CKY\u2019s representatives will be relying upon when they make their pitch to board members in what will almost certainly be a contentious hearing.<\/p>\n

Residents of the neighborhood surrounding 200 Van Zile Road, site of the proposed school in the former Temple Beth Or house of worship, have confirmed that they will hire their own professionals to formally object to the application and submit expert testimony. Meanwhile, CKY\u2019s filing confirms that attorney Adam Pfeffer, a legal luminary in controversial land use cases involving Lakewood\u2019s ultra-Orthodox Jewish community, will lead the hearing for CKY. He will call at least three expert witnesses, including an engineer from Newlines Engineering in Lakewood, an architect from RISE Architects in Brooklyn, N.Y., and Christine Cofone, a highly-influential planning expert from Red Bank who has testified before land use boards across the Shore area with a successful track record.<\/p>\n

The arguments Pfeffer will use to mount his case are a mix of traditional land use statutes and precedents as well as explicit references to RLUIPA, the federal Religious Land Use and Institutionalized Persons Act. Congress passed RLUIPA in 2000 in response to concerns that cities were beginning to block the zoning of tax-exempt religious buildings in order to bulk up ratable bases. The law, which has never been tested by the Supreme Court, has had a controversial history over the past two decades, with many legal scholars arguing that it has been co-opted to force approval of developments over reasons having nothing to do with the law\u2019s original intent regarding tax revenue. In the case of Temple Beth Or, the property has been tax-exempt since it was constructed in 1976 and existed without incident until CKY purchased it earlier this year.<\/p>\n

CKY\u2019s Arguments<\/strong><\/p>\n

The zoning application describes the building as a \u201chouse of worship\u201d with its intended use to be changed to a \u201chouse of worship and school.\u201d The lot size meets zoning requirements. According to the application, the property will include 111 parking spaces and six handicap parking spaces. Brick\u2019s zoning ordinance calls for 1.5 parking spaces per classroom for a building used as a school. CKY stated it is required to provide six spaces, indicating that four classrooms will be active.<\/p>\n

The building will include:<\/p>\n