YESHIVA TORAS CHAIM DORMITORY RECONSIDERATION HEARING POSTPONED

Yeshiva Toras Chaim's Motion for Reconsideration of their dormitory expansion has been postponed until Friday, March 3rd.

As previously reported here on FAA News, Superior Court Judge Marlene Ford overturned the Lakewood Township Planning Board's approval of Yeshiva Toras Chaim's dormitory expansion on the basis that the Township Committee has not deemed dormitories to be a permitted use in the residential zoning district and therefore the Board lacked jurisdiction to approve the non-permitted use.

As previously reported here on FAA News, Yeshiva Toras Chaim filed a Motion for Reconsideration of this judgement.

Attorney Matthew Fiorovanti Esq. wrote to the Court "the court's decision in this regard will have broad impacts in the Township. There are dozens of schools with dormitories located in the Township. By virtue of the court's ruling, every school with a dormitory has been converted into a preexisting, non-conforming use. If any of these schools wish to expand to accommodate the growth of the student body - like YTC in this case - the school would need to go to the Zoning Board for a Use Variance, which requires satisfying an enhanced standard of proof of the positive and negative criteria. The court's ruling therefore substantially burdens the existing community by placing a severe restriction on an existing school's ability to expand or modify its facilities."

The Motion for Reconsideration was originally returnable before the Court this Friday, February 17, however, at the request of the neighbors, who are represented by Attorney Jan Meyer Esq., it is now adjourned until Friday, March 3, to give them additional time to file Opposition to the Motion.

Due to this adjournment, the Planning Board will likely also further adjourn hearing Migdal Bais Yaakov's dormitory application. As previously reported here on FAA News, the Board pushed back against hearing Migdal Bais Yaakov's pending dormitory application citing Judge Ford's recent ruling. The Board adjourned hearing that application until next Tuesday, February 21, assuming that Yeshiva Toras Chaim's Motion for Reconsideration is considered this Friday. As Yeshiva Toras Chaim's case is adjourned, the Planning Board will likely further adjourn hearing Migdal's application as well.

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