By Michael Benavides
Staff Writer
JACKSON – An ordinance that would, if adopted, ban dormitories in Jackson, is now scheduled for a public hearing at the March 14 meeting of the Township Council.
The ordinance had been scheduled for a public hearing and possible vote for adoption by the council on Feb. 28, but municipal officials postponed the public hearing and a vote pending a review of the ordinance by the Planning Board.
In fact, two ordinances are under consideration: one ordinance defines a dormitory and one ordinance prohibits dormitories as a principal or accessory use or structure in all of Jackson’s zoning districts.
Township Attorney Jean Cipriani said the Planning Board was expected to review the ordinances on March 6.
Cipriani previously said dormitories are not currently addressed in the municipal code.
Ordinance No. 04-17 defines a dormitory as “any building, or portion thereof, designed or converted to contain living quarters which are provided as residences or for overnight sleeping for individuals or groups operated as an accessory use to a school, college, university, boarding school, convent, monastery, nonprofit educational institution, religious order or other.”
Ordinance No. 05-17 states that “all uses not expressly permitted in any given (zoning) district are expressly prohibited in such district.” The ordinance states that dormitories are prohibited in all zoning districts in Jackson.
Cipriani previously said schools will continue to be permitted in the Planned Mixed Unit Residential Development (PMURD), Limited Commercial (LC) and Neighborhood Commercial (NC) zones.
“Dormitories as defined by the ordinance are prohibited in all zoning districts in the township. The residential zones that were highlighted by the ordinance were amended in order to remove schools as permitted uses. Schools continue to be permitted in the PMURD, LC and NC zones,” she previously said.
Cipriani previously said dormitories will be prohibited in all zones even if they are proposed to be connected to a school.
On Feb. 28, council members listened to comments from the public about the dormitory ordinance at the end of the meeting’s agenda.
Some speakers noted a recent increase in Jackson’s Orthodox Jewish population and expressed their belief the ordinance is targeting a religious community that could one day seek approval for schools and dormitory facilities.
Ari Margolis said he was concerned the proposed ordinances are targeting Jewish residents of Jackson.
“I must speak up. This law or ordinance that is before us that does not allow dormitories in Jackson, I cannot see it as anything else but targeting the Jewish population,” Margolis said. “Jackson is (large); where can we find a couple of acres to put up a dormitory? We have very strong rules on the books for schools and dormitories. There is no reason for more laws. To me, this is an insult to myself, to my family and my religion.”
Attorney Sieglinde K. Rath, of the firm Storzer and Associates, Washington, D.C., addressed the council and said, “These proposed ordinances appear to be nothing more than a veiled discrimination targeting a specific religious group in the area.
“In our opinion, adopting these ordinances would violate First Amendment and equal protection rights, as well as other laws that protect freedom of religion and religious practice such as the Religious Land Use and Institutionalized Persons Act and the Fair Housing Act,” Rath said.
“Our Supreme Court has held that action that targets religious conduct for distinctive treatment cannot be shielded by compliance with the requirement of facial neutrality. Just because the ordinances nominally apply to all schools does not mean they are legal. We urge the council to reject them,” Rath said.
Chaim Borenstein of Jackson asked officials not to adopt the dormitory ordinance.
“There is a sign on County Line Road which divides and Jackson and Lakewood. The sign boasts the Jackson motto, ‘Jackson – A Place for All Seasons.’ … Yes, Jackson does have more residential area than Lakewood. Yes, Jackson has far less traffic than Lakewood; precisely the reasons (people) wanted to move to Jackson. We like the residential life,” Borenstein said.
“I had a bigger question before I moved here. Jackson has got more ‘Jackson Strong’ signs than Jews in this entire township. So what I wanted to know is whether Jackson would be a place for all people, let alone all seasons,” Borenstein said, adding that he has been treated very well by his neighbors since he moved to the community.
Joseph Sullivan of Jackson spoke in favor the ordinances, saying, “I know every member of this council. These are honorable ladies and gentleman. There is not a racist bone in any of their bodies. There is not a anti-religious bone in any of their bodies. They are the most welcoming, educated and honorable group of people I have met in government.
“To my friends in the Orthodox (Jewish) community, I welcome you. Everyone in Jackson welcomes you. This ordinance is not meant to target you. This dormitory ordinance (reflects the fact) that a suburban community is not equipped to handle large facilities like this or to handle these kinds of facilities being put into buildings that were not equipped to handle them.
“So this ordinance is a sound ordinance that makes sense. It was not aimed at just Orthodox (Jews). It was aimed at not allowing what we have seen in other towns where they would build dormitories and substandard buildings, causing fires to break out and God forbid you lose a life,” Sullivan said.
