After months of waiting, Joyce Doria didn’t get the answer she was hoping for.
Montgomery Circuit Court Judge Michael Mason ruled that the Harbor School will be allowed to occupy the former site of The German School on Newbridge Road.
“We’re looking at it to see what, if anything, can be done next,” said Norm Knopf, attorney for the residents. If residents appeal, the case would go to the Court of Special Appeals, Knopf said. A decision to appeal must be made by the end of this month.
Judge Mason also overturned some of the restrictions imposed by the Board of Appeals, allowing more students.
“It is most unusual that a judge pulls apart a decision,” Knopf said.
Typically, a case would be returned to the Board of Appeals if the judge finds a problem with a ruling, Knopf said. “It’s very extraordinary,” he said.
“The idea that it would have no effect on the people who live there is ludicrous,” Doria said.
The site was occupied by The German School until June of 1999. It had been approved for an enrollment of 250 students in kindergarten through high school, but according to Park and Planning documents, The German School’s peak enrollment was 190.
In January of 2001, the Harbor School applied for a special exception to be allowed to operate a school in a residential neighborhood.
Residents were concerned about safety and the number of cars coming in and out to drop off and pick up students every day. There are too many non-residential facilities, each with a special exception, operating on their road already, residents say.
In April of 2002, the Board of Appeals approved the school’s application, limiting the number of dismissals to 80 students per hour, and maximum enrollment to 220 students.
Residents filed an appeal, heard in court in November of 2002. Judge Mason issued his ruling, with apologies for the long delay, on July 25.
THE SCHOOL WILL take over a building about 700 feet from River Road. Residents like Doria say the site is not appropriate because of increased traffic.
“The amount of danger it poses is immense,” Doria said.
Additional vehicles making left turns on and off of River Road will create a hazard, Doria said.
Judge Mason disagreed: “The increased vehicular use of Newbridge Drive will be safely and adequately accommodated,” he wrote in the ruling.
Doria questioned the judge’s reasoning that traffic volume is the only indicator of a potential safety problem.
Additionally, residents say there are too many special exceptions on their street. The Bolger Center, a postal training center, is at one end of Newbridge, and Victory Housing, an assisted living facility, is under construction across the street from the school.
“Twenty-five percent of the land is taken up by institutions,” Doria said, pointing out that it is a residential neighborhood.
Judge Mason said that the school is a reasonable exception and upheld the Board’s decision. “The proposed use will be in harmony with the general character of the neighborhood,” Mason wrote in the ruling.
Further upsetting residents was the setting aside of the enrollment cap. Mason had decided that the Board of Appeals decision to limit dismissals to 80 per hour was based on faulty assumptions.
“We were kind of shocked, frankly,” Doria said of the finding.
Once the court determined that limiting to 80 per hour was wrong, the total enrollment of 220, which was based on the dismissal rate, was also determined to be wrong.
Judge Mason used mathematical formulas which resulted in the determination that the school could safely dismiss 100 students in an hour. Therefore, since additional dismissals are to be allowed, the school’s enrollment could be increased to 250 students, Mason ruled.
School officials are happy with the decision, and now plan to move forward.
“We are very pleased with the court’s decision,” said Head of School Linda Perry. “The Harbor School is committed to being a good neighbor and we look forward to discussing our construction plans with both our community and our new neighbors.”.