Date: Fri 13-Nov-1998

Publication: Bee

Author: ANDYG

Quick Words:

Adath-Israel-P&Z-synagogue

Full Text:

Adath Israel Sues Over P&Z Rejection Of Synagogue

BY ANDREW GOROSKO

The Congregation of Adath Israel has sued the Planning and Zoning Commission

(P&Z) in seeking to overturn the P&Z's recent rejection of the congregation's

proposal to build a new synagogue and religious school on Huntingtown Road.

In a lawsuit filed November 5 in Danbury Superior Court, Attorney Sutherland

W. G. Denlinger, representing the congregation, states that in rejecting the

synagogue application October 15, the P&Z gave as its only reason for the

denial that "the application does not comply with Section 8.04.700 of the

Newtown Planning and Zoning regulations."

According to the lawsuit "Said Section 8.04.700 does not, in fact, in and of

itself supply any reason for denial but merely states that `the following

standards and criteria shall be met.'"

"Subsequent (subsections) indicate the standards and criteria that (the)

applicant must meet in order to obtain approval of an application for a

special exception. There was no finding that (the) applicant failed to meet

any one of the special criteria set forth in the subsequent (subsections) of

the Newtown Planning and Zoning regulations," the suit states.

The lawsuit adds that the P&Z failed to create either a written or audio

tape-recorded record of the public hearing on the application, resulting in no

transcript of the hearing being available and made part of the application's

public record, as is required by law.

The P&Z acted illegally, arbitrarily and in abuse of the discretion vested in

it because it exceeded its legal powers in denying the application, it failed

to have the public hearing recorded by a stenographer or tape recorder, and it

denied the applicant a reasonable use of its property.

Through the lawsuit, the congregation seeks to have the P&Z's rejection of the

synagogue application declared void, and have the P&Z ordered to approve the

application for a special exception to the zoning regulations for a synagogue

and religious school.

The town has a December 8 court answer date in the case.

In a split decision October 15, P&Z members voted 3-to-2 against the proposal

to build a two-story, approximately 8,000-square-foot building which would

house a new synagogue and school. The site is a two-acre parcel on the east

side of Huntingtown Road, just south of the congregation's existing synagogue.

The P&Z turned down the proposal "without prejudice," meaning the congregation

can submit another proposal as soon as it wants and not have to undergo a

waiting period to do so.

In giving reasons for the application's rejection, P&Z member Daniel Fogliano

said the building's design would not be in harmony with the neighborhood, home

values would be adversely affected, and there would be only 26 feet of space

between the synagogue and the congregation's property side lines.

In the vote to disapprove, three of the five voting P&Z members decided the

application does not meet a special exception criterion which requires a

proposed building to harmonize with the character of a neighborhood in terms

of building size.

P&Z members conducted a public hearing September 17 on the construction

proposal.

Some nearby property owners attending the public hearing posed questions on

how the presence of a new building would affect the neighborhood, including

the building's appearance and the effect the facility would have on local

traffic.

In its application, the congregation states the presence of new facilities

would have no adverse effects on the value of adjoining properties.