By KENNY WALTER
Staff Writer
OCEAN TOWNSHIP — The developer of a proposed Jewish college will have another opportunity at a use variance after the court has ordered at least two more hearings on the matter.
Attorneys representing Yeshiva Gedola Na’os Yaakov filed suit against the Ocean Township Zoning Board of Adjustment and the Ocean Township Council on Jan. 8.
The suit cites a civil rights violation and discrimination after the board rejected the application in December for a 96-student Jewish university on Logan Road when the applicant opted not to seek a time extension, which forced the board into a vote before testimony concluded.
On March 17, the United States District Court for the District of New Jersey ordered two additional hearings with time restrictions for the Yeshiva proposal.
“Although the board proceedings continued far too long without justification, we are looking forward finally to their conclusion,” Roman Storzer, the attorney representing the Yeshiva said. “We’re hopeful that the Board will do the right thing and approve this use.”
The 11-count lawsuit cites a violation of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), a violation of First and 14th Amendment rights, a violation of the Fair Housing Act and discrimination.
“This is bigotry masked as a zoning hearing, pure and simple,” said Storzer. “The situation that the Yeshiva has faced here is exactly why Congress decided that RLUIPA’s protections are necessary.”
The court ordered the two hearings to be held on April 5 and April 25, starting at 7 p.m., with a maximum of five hours per night.
According to the order, the town is prohibited from presenting professional witnesses other than board professionals. Attorneys representing objectors are also restricted to three professional witnesses and a total of five hours between the two hearings. The court also orders that no public members not being represented by an attorney shall be permitted cross-examination.
However, unrepresented members of the public will be permitted two hours of testimony between the two hearings.
The plan called for the renovation of a former elementary school building on 2.9 acres at 1515 Logan Road, between Park Boulevard and Grassmere Avenue, and its conversion into a two-story, live-in dormitory for 96 male students, ages 18-22.
Under township ordinances, post-secondary religious schools are prohibited throughout the entire town.
The applicant sought several variances, including a use variance and a parking variance.
The board unanimously ruled against the Yeshiva’s application on Dec. 1 after developers opted not to seek a time extension to extend the hearings further, which forced the board into a vote.
Residents have vehemently opposed the project since hearings began in 2014, with many citing noise, safety and traffic concerns associated with the proposed use.
In the past 25 years, the 2.927-acre site has been used as an elementary day Yeshiva and a boarding school for high school students.
The Yeshiva is also represented by attorney Donna M. Jennings of Wilentz, Goldman & Spitzer , which has its main headquarters in Woodbridge and an office in nearby Eatontown.
