Synagogue Approved

For Huntingtown Road

By Andrew Gorosko

Planning and Zoning Commission (P&Z) members have approved Congregation Adath Israel’s plans to construct a new synagogue at 115 Huntingtown Road to replace the congregation’s existing nearby synagogue at 111 Huntingtown Road.

Following discussion at a September 2 session, P&Z members voted unanimously to approve the controversial plans, with Chairman William O’Neil, Lilla Dean, Jane Brymer, and Robert Mulholland voting in favor of the project.

Before the vote, Mr O’Neil had pointed out that the site planned for the synagogue is 1.96 acres, noting that two acres is required for the project under the “special exception” provisions of the zoning regulations. The property is located in a R-2 (Residential) zone, where the construction of single-family houses requires a minimum lot size of two acres.

Noting that the site is technically 1/25th of an acre too small for the proposed use, Mr O’Neil suggested that the congregation apply to the Zoning Board of Appeals (ZBA) for a zoning variance to reconcile the lot-size deficiency.

The chairman said that the synagogue lot-size matter was an issue that arose in Superior Court in a lawsuit several years ago, after which the court supported the congregation’s position that the site was a suitable place to construct a synagogue. The state Appellate Court opted against hearing an appeal of that Superior Court ruling, resulting in that ruling remaining in force, Mr O’Neil said. Mr O’Neil told P&Z members he has read the court record in that case to verify the facts.

Ms Dean pointed out that past land records for 115 Huntingtown Road listed the property’s size as two acres, while a more recent survey placed the lot size at only 1.96 acres.

Mr O’Neil said that the congregation’s recent reduction of the planned synagogue’s height would bring the structure into compliance with the zoning regulations’ building height limits. That roof height reduction cuts the building’s height by several vertical feet, dropping the roof’s highest peak to 28½ feet as viewed from the façade.

The structure would be built on a sloped site.

Mr O’Neil noted that nearby residents had raised issues at a July 15 public hearing concerning the prospect of increased traffic on Huntingtown Road following the construction of a larger synagogue, which would attract more congregants.

At that July hearing, some nearby residential property owners had objected to the proposed synagogue’s size, height, and architectural style, charging that the building would be too large for its surroundings, would generate additional traffic, and would damage nearby property values.

The planned synagogue would be approximately 11,200 square feet, almost triple the size of the existing synagogue. The structure would be built on two levels, with the upper level facing Huntingtown Road, and a basement level exposed along the other sides of the building.

At an August 5 public hearing, the P&Z received a petition from several nearby property owners formally objecting to the synagogue construction proposal in seeking to have the P&Z reject the project.

Two Motions

Mr O’Neil told P&Z members that he had composed two motions for possible P&Z action on the synagogue application.

One motion calling the project’s rejection, listed the lot-size deficiency as the rationale for turning down the proposal, he said. The other motion called for the project’s approval.

The chairman suggested that the panel first vote on the motion to approve the project.

“I don’t feel there’s sufficient reason to turn it down,” Mr O’Neil said.

P&Z members then voted to approve the construction project. They decided that the application meets the standards and criteria of the zoning regulations’ “special exception” review process. They also agreed that the project complies with the provisions of the 2004 Town Plan of Conservation and Development. The approval takes effect September 13.

The current construction plans call for a somewhat smaller synagogue than the one that the P&Z approved for the congregation in February 1999 in a 4-to-1 vote. That controversial proposal specified a 13,220-square-foot structure. That P&Z approval prompted an eventually unsuccessful lawsuit against the P&Z by a Huntingtown Road man, who charged that the P&Z acted illegally when it endorsed the project.

In the fall of 1998, the congregation’s initial proposal for synagogue construction proved controversial when it was submitted for P&Z review, with nearby property owners charging that the proposed building was too large. In October 1998, P&Z members rejected that initial application in a 3-to-2 vote, in part, due to the building’s size. The congregation then sued the P&Z over that rejection, later winning the February 1999 P&Z approval, which was unsuccessfully challenged in court.