Agenda - Planning Commission - 02/05/2004

Home

Page 2 -- December 10, 2003 z.g. Special Permit -- Religious school wants to reinforce and construct buildings Village denies permit based on traffic concerns NEW YORK (09/05/03) a Westchester Day School operated an orthodox Jewish day school. It fried an application with the village of Mamaroneck for a special permit to undertake construction and renovations. The school wanted to reinforce some 19th-century buildings and construct "Gordon Hall." Gordon Hall would pro- vide the school with many of the basic facilities it lacked, such as a shul where students and faculty could pray, modem classrooms with space for technologi- c-al equipment, a library, music room, m room, and a cafeteria. The new build- lng would also enable the school to have smaller class sizes and allocate its space among the different ~ades more rationally. Finally, the school wanted to make the buildings handicapped accessible and install new doors, light fix- tures, and audio-visual equipment. The village denied its application, based on traffic and parking concerns. Westchester sued. DECISION: Judgment for Westchester. The denial was improper. The e,,dstence of the school was premised on a religious mission. Neces- saw to this mission was the existence of adequate facilities. Westchester's pro- posed modifications were both necessary and legitimate changes in further- once of Westchester's religious mission of educating students with a dual cur- riculum of secular and Judaic studies. This made the application denial a sub- stantial burden on Westchester's free exercise of religion. While it was true Westchester students could still pray and be educated without the special permit, their religious exper/ence was limited by the cur- rent size and condition of the school buildings. Westchester should, within reason, accommodate the growing number of students who wish to pursue a Jewish education there. Traffic concerns have never been deemed to be compelling government interests. There was nothing to suggest a lack of park/ng spaces provided in the application would result in a direct and immediate threat to public health, safety, or welfare. Citation: Westchester Day School v. Village of Mamaroneck, U.S. District Court .i'br the Southern District of New York, No. 02 Civ. 6291 (WCC) (2003). see also: Traffic Alternatives bac. v. CiO' of New York, 2]8 F. Suppi2d 423 (2002). see also: Love Church v. Cio' of £va~sror~, 67] F. Supp. 515 (1987). 134 Ordinance -- City paves over manhole cover ~(naccessibility of shutoff ~alve causes flooding ~LISS©URI (09/09/03) -- Flooding occurred at The Junior College District of