Date: Fri 19-Mar-1999

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Synagogue-lawsuit

Full Text:

P&Z Sued Over Synagogue Approval

BY ANDREW GOROSKO

A Huntingtown Road man has sued the Planning and Zoning Commission (P&Z)

alleging the agency acted illegally when it approved Congregation Adath

Israel's controversial proposal to build a new synagogue on Huntingtown Road.

In a lawsuit filed March 8 in Bridgeport Superior Court, Robert Testa of 105

Huntingtown Road seeks to have a judge nullify the P&Z's February 18 approval

of building a new 13,220-square-foot synagogue and religious school at 115

Huntingtown Road.

The congregation is named as a co-defendant in the lawsuit.

In voting at a February 18 P&Z session, the tally was 4-to-1 in favor of the

synagogue project with P&Z members Michael Osborne, Lilla Dean, Heidi Winslow

and Stephen Koch voting in favor, and Chairman Daniel Fogliano opposed.

In explaining his opposition to the project, Mr Fogliano cited objections made

by some nearby property owners at past public hearings, saying the proposed

building is too large and not in harmony with the neighborhood.

The congregation plans to build a 13,220-square-foot building to house a

synagogue and religious school on a two-acre parcel on the east side of

Huntingtown Road about 2,000 feet south of Meadow Brook Road. The site is just

south of the congregation's existing synagogue. The new building would be

constructed on a slope, with a single story facing Huntingtown Road and a

double-story section at the rear. The existing synagogue would become a

library.

Mr Testa's lawsuit is the second lawsuit stemmimg from the synagogue proposal.

The congregation filed a lawsuit against the P&Z over the commission's October

rejection of an initial version of the synagogue application, a plan which is

essentially the same construction proposal as the one which was approved by

the P&Z in February. P&Z members rejected the earlier application, in part,

due to the building's size.

In the lawsuit, Mr Testa lists many reasons why the synagogue approval should

be overturned by a judge.

The lawsuit alleges the proposed use of building is not in harmony with the

general character of the neighborhood; property values in the area would be

substantially damaged by the building's presence; the building's presence

would create traffic congestion, traffic hazards and parking problems; and the

P&Z failed to consider the impact of using the existing synagogue as a

library, among many other objections.

The lawsuit adds other reasons why a judge should overturn the P&Z's synagogue

approval. These include: the architectural design of the proposed building is

not in harmony with buildings within 1,000 feet of the site; the site does not

meet the minimum lot size requirement for a R-2 zone; the development plan

failed to depict adequate parking for its use as school and social hall; the

property has insufficient road frontage; the plan did not provide any regular

or handicapped access to the lower level, and the plan does not meet side yard

setback requirements, among many other objections.

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

initial proposal to build the new synagogue.

In giving reasons for the application's October rejection, P&Z members 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.

The P&Z has an April 27 date in Bridgeport Superior Court to answer

allegations made in the lawsuit.