Zoning Board Green Lights Top Stone Church for Jewish Synagogue Space

In reversing the New Milford Zoning Official's denial, the New Milford Zoning Board approved the application of Top Stone Church, the Korean Church currently in contract for the purchase the former New Milford Synagogue at 435 River Road, recognizing its use as a pre-existing, predetermined use.  

The matter came before the Zoning Board because of the denial that the Zoning Officer issued--protocol based on the fact that no documents exist from the time when the synagogue was established in 1955, or when a new building was constructed in 1965, because they were lost in the Borough Hall fire in January 1983 that took the life of 22-year old firefighter, William Entwistle.

Given the fact that there were no facts documenting the land use approvals for that particular piece of property, the Zoning Official denied the application, resulting in its appearance before the Zoning Board for a determination.

According to Board Attorney, Scott Sproviero, "[The Zoning official] acted correctly based upon the facts before her."

The issue at hand was the original legal use of the land. Due to the fire, records no longer exist regarding any variances or approvals issued to that property by the Borough.

Elliot Urdang, attorney for Top Stone Church told the Board, "A more intense use of this site existed on this site for 48 years. We're simply coming into an existing situation."

Because no original documents exist, Urdang relied upon two witnesses to fill in the factual gaps. The first witness was former synagogue member, Hilda Schwartz. Schwartz, whose husband served as co-chair of the synagogue's building committee in 1965, joined as a member "somewhere between 1957 and 1958." She also said that she served as the secretary for the building committee.

The second witness was David Yi, Pastor of Top Stone Church.  

Using a survey from 1955 and one of the new building from 1965, Urdang set out to show the board, through Schwartz's recollection, that all the necessary approvals and variances were issued by the town. 

“I’m sure we complied with what ever we had to comply with,” Schwartz testified. "In fact, accommodations were made for us to hold services in Borough Hall and the New Milford VFW building while construction was underway."

Schwartz testified that during its peak in the 1970's and '80's, the synagogue had between 400 and 500 members, a number much higher than the membership at Top Stone.

Schwartz also testified that few people walked to the synagogue even during its peak years. "There were only about 10 people that walked," Schwartz recalled. "Most members drove."

According to Yi, there are currently less than 100 members. He said that he can't imagine the membership exceeding 200 to 250 members because that is all he could handle as a pastor and he has no plans to bring on an additional pastor.

Regarding the lack of on-site parking, Yi agreed to appoint a person who will be a contact person with police or neighbors should there be a problem. 

The church is also willing to consider renting space for off-site parking if it becomes problematic. 

The church, currently located in St. Paul's in Englewood, holds two services on Sunday--9 a.m. to 10 a.m. and 11 a.m. to noon. Lunch is served, but Yi said it consists of reheated soup or reheated food. Lunch typically lasts 30 minutes. The church also holds a service on Wednesday from 7:45 p.m. to 9 p.m. with approximately 15 to 20 members participating. There is also a daily prayer service from 5:45 a.m to 6:30 a.m. Tuesday through Saturday. 

Yi said that although there will be services for children on Sunday, there are no plans for a day care or a nursery school. Yi also said that the church will not be rented to outsiders. 

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