West of Boca, county planners and residents say new synagogue will be traffic nightmare

The delicate dynamic between religious places of worship and traffic congestion is at the forefront of a proposed synagogue off Clint Moore Road west of Boca Raton that has residents claiming the size of the lot is too small and the traffic impact will be too much for the surrounding area to handle.

Nonetheless, the County Zoning Commission voted 5-3 to issue a needed variance for the project to move forward despite a finding by county planners that one was not warranted.

Religious institutions are not required to meet all of the zoning code that is applied to other development. Critics argue the lot size — only 2.73 acre tract — is too small and other solutions have been ignored. The 18,065-square foot synagogue would have 246 seats and parking for 83 cars. Access would be from Clint Moore Road.

To build the synagogue, the Chabad wanted a setback variance passed to avoid "a bowling-like" building that it said would not work. Zoning Board Director Lisa Amara told The Post that the Zoning Commission approval was only for the variance, not the use which will be reviewed when site plans are submitted. Included in that review will be traffic plans, she said.

At the meeting, no one disputed the Chabad's claim there was a need for a synagogue to serve the growing Jewish population in central Boca Raton. The issue was the small lot size and the traffic impact and current owner Ron Simon's failure to work with the community to combine two lots, which residents say would have avoided the situation.

Why is the parcel for the proposed synagogue so small?

Simon, of Delay Beach, purchased the vacant 2.73-acre tract just east of the turnpike for the discounted price of $338,000 in 2013. The lot size was small and the rear setback of 100 feet was a red flag to a buyer because it made it difficult to build upon.

That small tract was available from an original 10-acre parcel after government agencies in 2002 used eminent domain to acquire land for road and drainage projects. The then owner of the property accepted a $806,000 buyout, which was nearly double the purchase price six years earlier.

With eminent domain chewing up so much of the property, Simon was not required to adhere to the minimum lot size of 5 acres but he needed a variance from the zoning commission to get around the required setback of 100 feet. He wanted it reduced to 60 feet.

Property setbacks are building restrictions imposed on property owners, usually involving distance from a curb or property line. They tell the owner where they can and can't build something.

Simon, founder and president of Jewish Adoption and Foster Care Options, worked out a deal to sell the land, pending approvals, to the Chabad of Boca Raton Central for the synagogue.

Simon’s agent, Josh Nichols, argued “the tough circumstances of the site were created by the county when a majority of it was dedicated to the Lake Worth Drainage district.” But the Zoning Division countered, claiming any hardship experienced by Simon was self-imposed.

“The county did not make the person (Simon) buy the parcel,” said Assistant Zoning Director Wendy Hernandez. “It was done of their own volition.”

County planners testified Simon proposed a design that did not meet code, noting he owns the property to the east. If Simon combined the two parcels, he would not need a variance, according to testimony.

In 2006, Simon obtained approval to build a school on a 10-acre parcel adjacent to the site of the synagogue. He has yet to build, raising questions from critics whether he ever intends to.

There was more than an hour of public testimony for and against the Chabad synagogue at the recent Zoning Commission hearing, with those opposed venting anger — not at the Chabad — but at Simon for, as one long-time resident said, "playing a shell game."

Rabbi Arele Gopin of Central Boca Chabad testified that the site is the only one available in the area for its synagogue. He noted many of its congregants reside in nearby developments, making it possible for them to walk to synagogue. Some members are Orthodox Jews who do not drive on the Sabbath or Jewish holidays.

Critics noted Clint Moore Road, between Jog and Lyons roads, is already heavily congested. More than 26,000 cars a day frequent that section of the roadway, according to data maintained by the County Engineer, making it one of the county's most heavily traveled four-lane streets.

Clint Moore Road communities weigh in against the project, objecting to increased traffic

Andrew Mossberg, president of Long Lake Estates, located across the street from the proposed synagogue, said “traffic will be a disaster.”

Land-use lawyer Peter Sachs, representing the nearby communities of Horseshoe Acres, Long Lake Estates and La Rivage, noted that county planners found that Simon needed to comply with seven criteria to obtain the variance; six were not met.

“The applicant (Simon) knew exactly what he was getting into. They can redesign this if they choose to.”

Several speakers said there is a daily backup of cars at Calusa Elementary School, located just to the east of the proposed synagogue, and that the presence of the Chabad will only exacerbate the problem.

Jon Channing, a 30-year resident of Long Lake Estates, accused Simon of playing “a shell game,” noting that he made no effort to obtain the support of neighboring communities. Channing, himself a prominent builder, said he worked for two years to gain the support of the Coalition of Boynton West Residential Communities to construct a commercial project off Boynton Beach Boulevard in the Ag Reserve.

“This was very frustrating to have them not work with us,” Channing testified, noting that preliminary plans were so poorly drawn that they show an internal road running into a building.

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Nicole Kaplan, a resident of Woodfield Country Club, is a long-time Chabad member. She praised the operation for fostering a sense of community that is sorely needed, adding: “The Chabad needs a permanent base. Something is going to be built there. I’d rather have it doing good deeds than a mulching center.”

Nichols said more detailed plans will be submitted soon and that the applicant and staff can address outstanding issues. He argued that denying the variance could be considered discrimination against a religious institution. Zoning Commission member Glenn Grohmann, who was one of the three to vote against the variance, said he did not appreciate “the veiled threat of litigation.”

Grohmann said the Zoning Commission is compelled to follow the rules. “It does not matter how much people need something. That is not a standard we can follow to approve a variance.”

Mike Diamond is a journalist at The Palm Beach Post, part of the USA TODAY Florida Network. He covers Palm Beach County government and transportation. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today.

This article originally appeared on Palm Beach Post: Synagogue headed for west Boca despite concerns of county planners