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Zoning board grants Islamic center's service expansion
By Cheryl Allison
09/21/2006
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In what Lower Merion Zoning Hearing Board President Kenneth Aaron said may be the "longest order" that body has ever issued, there's finally an answer in one of the township's most contentious cases.
In a 25-page order released last week, the board granted most requests by Villanova's Center for Islamic Education to expand operations, over neighbors' strong objections.
Although the order includes numerous restrictions and conditions, neighbors who waited until the end of a lengthy board meeting Thursday night to hear the twice-delayed decision were dismayed. They say the center, which holds religious services and monthly lectures on topics related to Islam, not only has consistently violated township restrictions and an agreement with neighbors since it opened in 1994, but broke the rules this summer, even while the application was pending.
While the zoning board said it "understands those frustrations," it found that it could not, as a matter of law, deny the requests, which include permitting operation of a school for students in kindergarten through eighth grades, a summer camp for children and increased attendance at some religious services.
The exception was weekend religious retreats. The board upheld an original limit of six events per year, at least 30 days apart. The center had asked to keep the same number, but hold them as close as two weeks apart.
Differences between neighbors and the center, which opened in 1994 on a 23-acre former estate and junior-college campus off Montgomery Avenue, cropped up almost from the start. Despite conditions imposed by the township and covenants with neighbors, the zoning board acknowledged, "the applicant's use of the property has grown far beyond [those] parameters."
In 1999, the center opened an elementary school with 24 students without township approval. That school has grown to nearly 100 pupils, and the center plans expansion to 130. Similarly, it began operating a summer camp in 2004, which it now wants to expand.
The township's original conditions of approval called for no outdoor sound systems or outdoor calls to prayer. But neighbors reported amplification and noise, especially during the weekend retreats. The center has, at different times, violated restrictions by exceeding limits on residential use, housing refugees and operating a restaurant on the campus, according to the hearing record.
In response to complaints, the center decided to formally seek zoning approval for the activities this year.
More disturbing for neighbors, during the hearings, the center's managers said they have not screened groups, asked for agendas, or attended activities during the weekend retreats.
Tensions reached a high point in July, when neighbors learned that a five-day retreat, featuring speakers who allegedly espoused radical positions such as supporting suicide bombings, was being planned for early August. The retreat was canceled after township staff told the center it violated restrictions.
In its order, however, the zoning board said the center had met criteria for approval of the special exceptions for the school and camp, whose operations it said would not adversely affect the community. Likewise, it granted requests for increases in attendance for special services.
At the same time, saying that officials had not provided enough supervision, the board imposed a lengthy list of new conditions.
For example, the center will have to keep lists of "regular attendees" at services, on which restrictions on weddings and funerals will be based. No outdoor "sound-enhancing" devices, including megaphones, can be used on the property. No more than four staff families can reside on campus, and there will be no temporary shelter provided for other people.
In addition, the center will be required to review applications to hold retreats and to provide the township with copies of all granted applications, stating that the activity is religious in nature. A representative of the center will attend retreats, and the center will provide security.
In an interview this week, township commissioner Phil Rosenzweig said he began working with the community and the center on issues as a member of the Rosemont-Villanova Civic Association. He has read the decision.
"Neighbors are not happy," he acknowledged. Although they did not necessarily oppose the school or camp, they "believe because the center misbehaved and didn't follow the rules, it should be penalized in some way. That's not the way the law works."
An attorney for the neighbors, Jim Greenfield, said they have "only just begun to talk about" the order, but already "a concern has been raised about enforceability." The order doesn't say how violations will be reported or recorded. How will the township enforce such conditions as the list of regular attendees, or that retreats will be religious in nature, he asked.
Rosenzweig said, however, that new steps would be taken. Township police will be familiar with the restrictions. Weekend violations will be reported to the zoning officer.
"I am going to make sure all the rules are enforced in a very active way," he said.
An attorney for the center could not immediately be reached for comment on the decision this week.


©The Suburban and Wayne Times 2009


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