July 16, 2014 THE VILLADOM TIMES I • Page 7 Midland Park Board supports zoning officer’s decision on mosque’s CO The Midland Park Board of Adjustment last week unan- imously upheld Zoning Officer Mark Berninger’s decision to grant a certificate of occupancy to the Elzahra Education Foundation, Inc. of Teaneck to operate an Islamic Center and mosque at the site of a former Korean church. In making the motion, board member James DeLuca amended the original application to make it clear that a daycare use would not be permitted. The foundation had included daycare in its application, but Berninger had not granted a CO for that use because there are additional state requirements that must be adhered to and were not met, he said Joan Doumas of First Street had filed an appeal asking the board to “revoke the permit based on its being defec- tive until a properly detailed application is re-filed with the zoning officer.” Prior to voting on the appeal, the board heard three hours of pro and con statements from the audience, which numbered nearly 100 persons throughout the building from within and outside the community. The majority of speak- ers did not address the zoning officer’s action, however, but rather the appropriateness of having a mosque on the site, or even in town. The foundation’s attorney, Elliot Urdang of Teaneck, noted that since the board had to make a decision on a strict matter of law, not a variance or an interpretation, any other issue brought up by residents was not relevant. He did not object to the comments, however. Attorney George Doumas, speaking on behalf of his wife, said the application for the CO did not include enough detail. He said the number of visitors and the hours of oper- ation were listed as “variable,” which he said was too broad. He also said “house of worship and related activities” did not provide a clear enough picture. He also said parking for the facility was inadequate according to the ordinance. “We need concrete answers. Residents want to know what to expect,” Joan Doumas said. Berninger said he could not exercise any discretion in issuing the CO. “They were continuing the use as a house of worship. It is a pre-existing, permitted use. They were making no changes, so they did not need site plan approval and did not need to go to the planning board. There was an approved site plan on file,” Berninger explained. Town Planner Joseph Burgis, who said he has served as an expert witness for municipalities and for houses of worship, said the Religious Land Use and Institutionalized Persons Act of 2000, a federal law, is very clear that such institutions cannot be denied access because of traffic or other reasons. “The courts are critical of municipalities who want to place undue restrictions without a compelling reason,” Burgis said. “The parking issue is irrelevant to the zoning certificate,” he said, adding, “taxes are not a compelling reason for the courts.” Board Attorney Les Andersen said Berninger had no choice or authority but to grant the CO. If there is a traf- fic problem, it is not up to this board to seek a remedy,” he said. “The borough would be exposed to detrimental con- sequences,” he added. Iman Moutaz Charaf, the foundation’s president and founder, said that attendance at the new facility would Church hosts Vacation Bible School The Midland Park United Methodist Church will host its Vacation Bible School Aug. 4 through 8. The program will be held from 9 a.m. to 12:30 p.m. at the church at 269 Godwin Avenue in Midland Park. Breakfast will be served each day at 9 a.m. Children are invited to spend the day engaged in sports, music, crafts, worship, fellowship, and more. There is no charge for the program and children may bring a friend. To register, call (201) 445-3787. indeed be variable. He said the goal is to build a convenient location for Muslims who live in this area, so they do not need to travel to Teaneck. He said perhaps only three or five people would come for sunrise prayer, and as many as 50 to 70 would be present for Friday night services, with perhaps 100 attending Friday night evening dinners once a month and 100 to 150 attending special fundraising events. Sunday school would have about 50-70 people, he said. “I assure you, there would be no loudspeakers, no chant- ing. We will be good neighbors,” he said. Residents who spoke objected to having so many churches in town, many of them with congregants from outside the community; to the fact that they are tax exempt, to having doors opening and closing in the early morning hours as worshippers come in for prayer, and to the addi- tional traffic generated and the perceived lack of sufficient parking. “This is not an application to permit a use. We are just here to see if the zoning certificate was propertly issued. We are not allowed to take those other issues into consider- ation. Our purpose is limited. We cannot place conditions,’ summarized Board Chairman Linda Herlihy.