Council to Hear Hatikvah Challenge Again in January
The Township Council heard arguments Monday regarding a variance granted to the Hatikvah school over the summer.
The Township Council might be leaning toward asking the Zoning Board of Adjustment to review a use variance it granted the Hatkivah International Academy Charter School in July.
“If you want to infer that, you certainly can,” said Council President Michael Hughes.
On Monday, the Township Council heard a challenge regarding a variance granted to the Hatikvah International Academy Charter School. The variance was granted unanimously in July by the Zoning Board of Adjustment and allows the school to renovate a warehouse into a school. The building, 7 Lexington Ave., is located in a planned industrial zone and a variance is needed to open a school in the zone. The warehouse is surrounded by similar warehouses, including Vending Trucks Inc.
On Aug. 20, residents Deborah Cornavaca and Christine Rampolla filed an appeal of the variance, stating, among other reasons, that the variance should not have been granted because “there was a conflict of interest,” and that “the board did not permit a complete record to be made.”
The hearing got heated a few times, with some audience members shouting that the council was prejudice, and one woman leaving the meeting room afterwards giving the council members a thumbs down.
But in the end, council members said they didn’t hear enough to make a decision, and will meet on Jan. 14, at 8 p.m., to continue deliberations. Before the decision was made, Hughes and Lawrence Sachs, attorney for Hatkivah, had an exchange in which Sachs complained about how the hearings had been handled. Hughes responded by reminding him that Hatkivah is several months behind on a deadline to address another zoning matter at its current site. He said the township has been patient with the school in that matter and that the school should be patient with the township regarding this issue.
During the hearing, the council had four options: to uphold the zoning board’s decision; reject it; to say there isn’t enough information to make a decision; or to send the plan back to the zoning board, telling them that it needs to be looked at again.
“During the course of the hearing I don’t think we were satisfied that a school should be there,” said Hughes. “If we felt a school should be there, we would have done something.”
Among some of the questions and concerns brought up by council members were whether or not the variance and a school would make it difficult for existing businesses to expand. Hughes said that if one of the industrial sites wants to expand, it would be difficult to approve that expansion with a school nearby.
Council members were also concerned that the concerns of residents (Rampone and Cornavaca) who spoke out against the variance were not considered at the time; and that school expansion process was not public enough. They also were concerned with a perceived conflict of interest. Hatkivah was represented by Sachs, who also represents the township in the role of Planning Board Attorney.
During the hearing, Sachs, representing Hatikvah, said the “objectors” did not offer a strong enough argument to have the decision overturned.
“The objectors haven’t provided any objective facts,” he said. “The mere fact that you don’t like the area, or that the charter school is a want, not a need” isn’t reason enough to turn the decision over.
He also said that Hatkivah met all of its obligations, including 59 of 62 additional requirements imposed on it by the township.
This story will be updated. Check back for more details.
Follow Patch on Facebook. Visit www.facebook.com/EastBrunswickPatch and like us. You can also find us on Twitter at twitter.com/EBrunswickPatch.
EBtalloaks
9:53 am on Tuesday, December 18, 2012
I am a Hatikvah parent who attended last night's hearing. With all the facts, expert testimony, and transportation/environmental studies on Hatikvah’s side of the case, I found it remarkable that two residents in a town of 45,000 could argue against a project based on opinions and "observations" (they didn’t enter a single study, fact, or testimony into the record) and attempt to defeat a plan that meets the literal definition of Inherently Beneficial Use. And yet, members of the Town Council saw themselves fit to question traffic experts on traffic, environmental experts on the environment, and certified planning professionals on planning. The Township’s own Zoning Board, Police Department, Fire Department, Planner, Engineer, etc. have signed off on this project. I am hopeful that five Town Council members will trust their own staff and colleagues and uphold the Zoning Board’s decision.
EBtalloaks
10:17 am on Tuesday, December 18, 2012
The Council President raised an interesting point about limiting future expansion of the existing industrial properties, but I would like him to consider the probability of the Zoning Board actually approving such expansion plans (if they ever materialize). The zone is now predominantly residential, and if the two residents are so concerned about a school relocating to the zone (improving pedestrian safety, area security, and yielding a signiifcant decrease in truck traffic), will they not oppose expansion of the industrial properties and the certain increase in truck traffic that will come along with it?
Michael Hill Goldstein
2:58 pm on Tuesday, December 18, 2012
If you ever want to see an area that should not be zoned for schools take a look at our town YMCA and the childcare center. It is located on one of the most dangerous stretches of road and an industrial site with dozens of trucks rumbling by hourly. Yet I do not see Deborah Cornavaca and Christine Rampolla or the interests they represent complaining about the YMCA or have I ever heard a peep about it by the Town Council? How very strange. The YMCA should be examined much more thoroughly than Hatikvah-perhaps Deborah and Christine have a point. There are also many schools in EB that are on dangerous roads and close to industrial site-perhaps they too should be closed. But for some reason these two women seem to be focusing on a Charter School. Glad they are looking out for our children's safety.
EBIndianForest
3:49 pm on Tuesday, December 18, 2012
I am a resident of EB and have no children of school age anymore. It was blatantly obvious that Hughes and Wendell are completely biased against Hatikvah and are on a fishing expedition to find any way possible to delay the development of that school. They are doing nothing more than hurting children with their nefarious actions. Our zoning board is comprised of professionals who fully vetted this application. The burden was on the objectors to this variance to prove to the Council that it was improperly granted. Their attorney barely spoke and almost no questions were posed to him. Instead, the council went right after Hatikvah's attorney and made him prove why the variance was granted, which is improper under the law. I wonder if Hughes and Wendell are being inappropriately lobbied by the objectors or Board of Ed as they seem far from impartial. Wendell was told by the town attorney that there is no conflict of interest posed by Sachs acting as attorney but he wouldn't give up on the issue. Also, the township attorney's instructions that the council utilize only the record before the zoning board were ignored repeatedly. I have lived in Indian Forest near this proposed site for several decades and there is minimal, if any, industrial activity going on there. As a resident, I certainly would appreciate Hatikvah opening their school in their proposed site. I haven't heard of any effort on the part of the Township council to bring in any industrial rateables on that site.
Ranger123
4:46 pm on Tuesday, December 18, 2012
I agree with EB Indian Forest 100%. This was supposed to be, as the Township attorney said, a "quasi-judicial" process. Instead, this was nothing but a thinly-veiled attack on Hatikvah's right to exist by the Council, and the legal ground rules were completely ignored. Further, this article says that there are supposed to be further "deliberations" on January 14th. Yet Councilman Hughes says in this article that we can "infer" that the decision will be to send the application back to the Zoning Board! What kind of impartial "deliberations" can there be if the Council President makes this statement to the press? We can only hope that the facts as presented to the Zoning Board, which were thoroughly reviewed and approved, and which showed the site to be a legitimate one for the school, will ultimately prevail.
TallOaksAlso
9:08 pm on Tuesday, December 18, 2012
So, for consistency's sake, you must also be dismayed at the lack of impartiality by the the zoning board's decision and their behavior when they first heard Hatikvah's case. They were very forthright about their feelings about the school, about where there their family's attended school. I guess when the zoning board looks the other way at Hatikvah's current infractions, that's okay, too. As long as it works in Hatikvah's favor, you're clearly all about impartiality.
Pot... meet kettle.
Ranger123
11:58 pm on Tuesday, December 18, 2012
Ummm...the Zoning Board's approval was based on extensive analysis and exhaustive expert testimony from engineers and others. When issues came up that they wanted Hatikvah to address, they were addressed. Read the July 5 2012 minutes. How does the approval based on all of that indicate any lack of impartiality? Of course it doesn't. Although I suspect that those who are against the very notion of Hatikvah will continue to deny the facts and evidence in attempts to stall the development of the school. If the facts, and law, have any bearing on ultimate outcomes, though (as they should in our society), that's all they will achieve - an unfair delay that will ultimately lead to the right outcome: Hatikvah moving into this facility and providing a top-notch educational experience for the deserving children of many tax-paying citizens of our community.
EBTallOaks2
4:45 pm on Tuesday, December 18, 2012
Can someone please verify; I heard that Hughes, a Republican, who supports Charter Schools, was at the first Hatikvah lottery doing the picks from the basket and posing for photos.
EBtalloaks
6:44 pm on Tuesday, December 18, 2012
I don't know whether he was there then, but he's clearly no friend of Hatikvah now. He didn't ask a single question of the objector's attorney, made several attempts to disregard the established record, and made no mention whatsoever of the objector's lack of facts, studies, and expert testimony. It took a while, but the council president's blatant lack of objectivity shone through in the closing hours.
EBTallOaks2
6:59 pm on Tuesday, December 18, 2012
Another question, did it look like Wendell was sleeping? Watching on TV he looked that way. At least I was able to hear his issue about the possibility that the existence of a school could thwart a future plan by someone down the street to expand. You think the town took that into account when a developer built that strip mall right in front of Irwin School? Better yet, someone complained the street was too noisy for a school since there is this "fantastic" amount of traffic? Ever go to Lawrence Brook school? The Turnpike noise is a great background for kids learning!
Suzy
10:22 pm on Tuesday, December 18, 2012
I have kids attending east Brunswick public schools, which are indeed excellent. But I am still glad I have a choice of where to send my children. The state approved the charter school which withstood all the wasteful appeals filed against it. This is just a last ditch tactic to postpone the plans to move these deserving kids into a better facility, in hopes that Hatikvah caves in. It's a form of grown up legal bullying.
EBMommy
9:58 am on Wednesday, December 19, 2012
I was reading that Hughes is fresh off the EB School Board of Education. . .that is a conflict of interest. This is supposed to be a hearing to fairly hear both sides. He clearly still has the same opinions as the school board and didn't care what the facts are. He is against Hatikvah and showed his true colors at this meeting.
Ed T
12:11 pm on Friday, December 21, 2012
Are there really only 2 opponents/objectors of the charter school? If yes, the TC is doing an awful job. You can't govern by the isolated squeaky wheels. Obviously, almost everyone in town is fine with the school.
I am a former resident of EB and know this area well. I see no reason/problem for a small school being set-up on this road. It is little used and generates little activity/traffic. I assume folks that are against the school just hate charter schools in general.
EstersMom
3:56 pm on Friday, December 21, 2012
Yes, Ed, let's look at the numbers. Nearly half of all Hatikvah students are from out-of-town. Meaning that among the 600 to 700 children in each grade, here in EB, (and more if you add in private school students) the school could only convince 22 of those 600 to 700 students to go there.
Of the families in East Brunswick who actually subjected their children to this school, how many have since left and gone back to the public schools?
Well, according to the school's most recent school report card, the school has a 99% attrition rate. That means for every child who enrolled, one left. Repeatedly, even the student who replaced another child left and that seat needed to be filled again. (Source: Student Mobility Rate: click on "charter," then "hatikvah" at http://education.state.nj.us/rc/rc11/index.html) This is an embarrassment and the tax-payers of East Brunswick should not be forced to pay for it.
ChoiceInEducation
5:25 pm on Friday, December 21, 2012
EstersMom - you are greatly misinformed and obviously have an agenda. The numbers on the website are incorrect as evidenced by a supposed 0 percent attendance rate. Ms. Cornavaca and Ms. Rampolla have an anticharter school agenda and the zoning board appeal is a tactic to delay the opening of a beautiful new building. The charter is valid, the school is here to stay. This article has to do with zoning board decision and township council decisions, who should stick to land use issues. If you went to the meeting, you would know that despite admonishment of the town attorney to stick with the legal issues at hand, Mr. Hughes and Mr. Wendell (who slept through part of the hearing) focused on issues they had no legal business focusing on, exhibiting prejudicial behavior.
Kevin Wyman
9:33 am on Saturday, December 22, 2012
From my experience, when numbers are not reported, a zero percent or a "not available" are the usual representation on a form (some forms don't allow alphabet letters so NA not possible). The state does not know this number because the school did not report it. However, in the case of student mobility, the state knows this number very well, whether the school reports it or not, because students must file paperwork stating where they are going to school. I know that in the last year some families going to Hatikvah were Israeli visitors and returned to Israel. This could be at least one reason why student mobility is so high.
ChoiceInEducation
5:32 pm on Friday, December 21, 2012
In addition - for out-of-town students, those municipalities pay for them. And by the way, 10% of the money other municipalities pay, go to the EB board of Ed, and not to the school.
EstersMom
7:21 pm on Friday, December 21, 2012
That's a very bold lie. Prove it.
XIAOCHONG
9:09 pm on Thursday, December 27, 2012
ChoiceInEd, Is the school purposefully misleading parents or did you make this up on your own?
WMS826
11:05 am on Tuesday, December 25, 2012
These are areas never meant for schools yet this seems to be the big thing these days,converting industrial buildings over to this use. It goes on all over the state.
If you want a school..build one in a proper place it is that simple.
Dan F
11:30 am on Tuesday, December 25, 2012
I walk this street a lot to get to the store or post office. I'm cognizant of the fact that I'm in a commercial/industrial zone with no sidewalks. I'm careful not to listen to my Ipod because I need to hear cars and trucks approaching from behind. At the very least, please put sidewalks in and find a way to make sure that kids can't loiter near the drainage basin across the street. Nothing about this street suggests that it's an appropriate place for a school that way it is. Make the argument all you want that other schools in town could be in a better location.
ChoiceInEducation
9:41 pm on Thursday, December 27, 2012
My error. The EB township keeps 10% of the $ allocated per EB student, not the out-of-town students. The other towns keep back approximately the same percentage. Therefore, the school must do more with less.
XIAOCHONG
5:20 pm on Friday, December 28, 2012
ChoiceInEd, you still don’t seem to understand school financing. So, I’d ask my original question of you, again: Is the school purposely misleading parents or are you making this up as you go along?
That 10% amount does not exist. The amount that our town is forced to pay to Hatikvah is based on an average per pupil spending, with students who cost $90K to educate and students who cost $5k to educate factored in to that number, with the caveat that Hatikvah does not have to share in the cost of educating students in town who have special needs and cost $90k to educate, as mandated by the thorough and efficient clause of NJ’s Constitution.
There is no corollary savings for the district when a child leaves to attend a charter school. That is why East Brunswick was forced to cut programs and make sports and other activities so expensive, because the money left to Hatikvah with no savings for the district.
If Hatikvah closed tomorrow, the roughly 100 East Brunswick students could be reabsorbed into the district schools with almost no cost to the district – And, that 2 Million dollars that the district is forced to give Hatikvah could be used for property tax relief or be used to reinstate the programs we originally lost due to the charter.
Jennifer Logan
1:35 pm on Friday, February 15, 2013
EB BOE and Magistro cut programs, Elementary language and start charging for clubs, sports and activities long before Hatikvah was in existance. EB enrollment has dropped more than 700 students in the past 5 years. EB BOE should spend more time trying to get our schools back in the top 100 instead of wasteing taxpayers money on lawyers fighting a losing battle. Hatikval is not going anywhere.