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At a trial held on Thursday, Ocean County Superior Court Assignment Judge Francis Hodgson upheld the Lakewood Planning Board’s site plan approval of Sunset Road Sefardic Congregation.
The judge dismissed the neighbors' lawsuit which asserted the Board’s approval was arbitrary, capricious and unreasonable.
The revised Site Plan presented to Board at the final public hearing in December 2023 was for the construction of a proposed two-story synagogue, almost 4,800 sq feet in area. The architectural plans depict a main sanctuary of 2,900 sq feet as well as adjoining 748 sq feet cheder sheni on the first floor, as well as a 1,541 sq feet ezras noshim and 217 sq feet warming kitchen on the second floor.
Designing a sizable "cheder sheni" room next to the main sanctuary is a legal loophole to get away from parking requirements as the Township only requires parking on the main sanctuary room area and not on any "accessory rooms."
According to the shul's calculations, the 2,900 sq feet main sanctuary room requires 30 parking spaces.
The shul's professionals testified that they plan to provide only 2 parking spaces on-site, and to provide the remaining required parking spaces offsite at the shopping center to the southeast of the Sunset Road and James Street intersection.
The application was represented by Attorney Adam Pfeffer Esq. and Engineer Brian Flannery, who indicated that they have an agreement with the owners of the shopping center to utilize some of their parking spaces.
Numerous neighbors - represented by Teaneck Attorney Jan Meyer Esq. - spoke up, saying that they have many concerns with the current ad-hoc shul, including substantial illegal parking, trash not being kept in the refuse container, as well as many members smoking close to their property line at all hours of the day and night.
The neighbors emphasized that aside from just a shared parking plan, they also want to see a buffer plan to address their privacy concerns.
The neighbors also heavily objected to the proposed off-site parking plan, saying that many congregants will park on Sunset Road which is already congested. They added that the shopping center only appears to have unused parking spaces because Torah Umesorah has moved out and no new tenant has yet moved in.
In addition, the neighbors reminded the Board that, at the previous hearing, they told the applicant to supply the Board with a shared parking easement which can be recorded in the Ocean County Clerk's Office (so it can be enforced perpetually) and the applicant failed to supply this parking easement.
Mr. Meyer added that the Zoning Board's approval for the shopping center required 250 parking spaces and they did not provide any extras to now share with this shul. Additionally, a substantial number of these spaces have been converted into truck loading areas for NPGS, so the parking lot is actually deficient in parking.
Mr. Meyer added that the shopping center already has a long-term agreement with a nearby Yeshiva to utilize their parking lot, therefore it's not very likely that they have a sufficient number of parking spaces to now share with this shul.
As previously reported here on FAA News, the neighbors, represented by Mr. Meyer, filed a lawsuit seeking to overturn the Board's approval.
The trial was adjourned several times as the neighbors attempted reasonable negotiations with the shul.
At a trial held on Thursday, Judge Hodgson simply waved away all the neighbors contentions and upheld the Board’s approval.
The neighbors have 20 days to file a motion for reconsideration before Judge Hodgson or 45 days to file a Notice of Appeal with the New Jersey Appellate Division.
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