Legal Confusion Delays Liberty Corner Presbyterian Church Additions

Once again, the plans to build a new sanctuary at Liberty Corner Presbyterian Church have been delayed in a Zoning Board of Adjustment hearing; this time after both sides chose to take a break to discuss the legal implications of a prior decision.

The church last came before the board on May 13 and presented for over three hours about their plans to build several additions on the property, including a new sanctuary on the Lyons Road-side of the current gymnasium, a columbarium (a free-standing mausoleum-like structure) and a connector road from the church's rear parking driveway to Lyons Road.

The additions are considered Phase II of the church's long-standing development plan, which is centered on creating a larger worship and meeting area for the congregation. The church received preliminary approval from the Planning Board in October 2000 to go forward with the construction, but funding difficulties postponed the project. Additionally, the need for a significant height variance and a lot coverage variance necessitated that the case go to the Zoning Board for final site plan approval.

New Case Developments

The church dropped the request to put up an additional sign on the property, and is now only seeking variance relief for height and lot coverage.

No further witnesses were called by the Presbyterian Church's attorney, Vincent Bisogno, although additional public comments were taken from Frank Hershkowitz of Lyons Road and Ann Parsekian on behalf of the Historical Society.

"The new sanctuary is a very handsome design, but as a neighbor I have some concerns," Hershkowitz said. The property owner expressed reservations about the height of the columbarium, planned at 97.9 feet and externally lit from dusk until 11 p.m., and the inclusion of the connector road.

Parsekian urged the board to consider the value of preserving present the look of the church, which was built in 1868 and is considered a site with historical significance. "It's the visual centerpiece of Liberty Corner," Parsekian said. "It's vital to preserving the streetscape of the town." She suggested that the church scale back its plans somewhat so the new sanctuary does not compete with the current church façade.

The Board of Adjustment heard all of the testimony, but ultimately confusion about what the Board could modify in the application delayed the decision.

Legal Uncertainty

The original site plan was approved almost ten years ago by the Planning Board, and included slight variations, which caused the church to have to come back to a land use board for approval.

Several of the aspects of the design were debated in the previous board's decision, and absent the testimony and evidence presented at that time, some of the Zoning Board's members, led by Jeffrey Plaza, felt they could not adequately weigh in on the decision.

A related problem was the question of whether or not the members should vote solely on the variances requested (height and lot coverage) or whether the entire development plan could be reevaluated. At the recommendation of Board Attorney Steven Warner, both parties agreed to carry the application to the August 4 Board of Adjustment meeting while Bisogno and Warner researched former case law to determine if a pre-approved plan (in this case the Planning Board's decisions in 2000) is binding or not.

After the clarification is made, Board members will either vote on the variances requested, or potentially ask for further testimony involving the issues dealt with in the original Planning Board hearing but not brought up before the Zoning Board.