A Superior Court judge ruled Monday that the Way Education Center had all of the proper documents in order when it submitted its application to relocate a school to Totowa Road and place dormitories on the property earlier this year.
Milky Way applied Feb. 9 to relocate its 18,000 square-foot facility, The Pioneer Science Academy, from Clifton to the BAE Systems building on Totowa Road.
The company wants to construct a 160,000-square foot facility and more than triple its enrollment from 177 students to 600. The new facility would have dormitories to accommodate its students, who hail mostly from eastern European countries.
The that amends the rules and regulations governing dormitories in the town code. Officials at the council meeting said that the application was incomplete when Milky Way submitted it and that only completed applications would be exempt from the new regulations.
The ordinance amends the code to allow dormitories to exist only in open space/government use districts. The BAE Systems building is not located in such a district. Dozens of proponents of the move filled the council chamber that night.
A. Michael Rubin, the attorney representing Milky Way, said at the meeting that the regulations pertaining to the application should have been those already on the books, not those adopted later by the governing body.
Milky Way March 9. Judge Ralph DeLuccia Jr. also ruled Monday that dormatories may be included in the application.
Rubin said that he was “very pleased with the decision.”
Rubin said there are several positive aspects to the project.
“We’re going to take a fair number of children out of the Wayne Public School System and put them into a public school,” Rubin said. “We think there will be a substantial savings to the taxpayers.”
Town counsel Matthew Giacobbe could not be reached for comment. Council President Joseph Scuralli did not return messages seeking comment.