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As previously reported here on FAA News, the Planning Board has pushed back against hearing Migdal Bais Yaakov's pending dormitory application citing Judge Ford's recent ruling overturning the 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.

Oddly, Board Attorney Jilian McLeer appears to be pushing in a different direction as she just asked the Superior Court to permit the Planning Board to continue to approve dormitories everywhere!

As previously reported here on FAA News, Yeshiva Toras Chaim just days ago 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."

Planning Board Attorney Jilian McLeer apparently agrees. She wrote to the Court "Please accept this letter in confirmation that this defendant joins in with defendant, Yeshiva Toras Chaim’s motion for reconsideration for all of the reasons stated in the moving papers."

As Yeshiva Toras Chaim filed their motion just days ago, and the Planning Board attorney's subsequent letter followed shortly afterwards, and the Board did not hold a meeting this week, it is possible that the Board Attorney did not consult the Board before writing the letter which appears to be in contrast to the Board pushing back against hearing Migdal's dormitory application.

The Motion for Reconsideration is presently returnable before the Court on Friday, February 17, 2023.

The neighbors, who are represented by Attorney Jan Meyer Esq. have not yet filed Opposition to the Motion.

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1 comment:

Anonymous said...

Why would the planning board chairman and members instruct the attorney to advocate for such a crazy practice?

Are they trying to further destroy the neighborhoods after they allowed for runaway development all over??