Randolph, NJ Jewish center runs into zoning troubles

A new Jewish center on West Hanover Avenue will be allowed to remain open during the High Holidays but will then have to shut until it gains required zoning, building and fire safety approvals.

Township officials said on Friday, Sept. 30, that the center known as Chabad of Randolph, failed to obtain zoning, building and fire safety approvals before opening its doors. Neighbors have complained that the center will add to traffic on busy West Hanover Avenue.

Chabad of Randolph relocated its worship and educational programs to a large home at 48 W. Hanover Ave. in the Mount Freedom section of town from the previous site in a home on Andrews Road.

Chabad is a worldwide movement led by members of the Lubavitch sect, based in Crown Heights, N. Y., and started 55 years ago by the late Rabbi Menachem Schneerson. Chabad of Randolph is led by Rabbi Avraham Bechor, a 34-year old native of Italy, and his wife, Chava, 30, who was raised in Randolph.

Municipal Planning Director Darren Carney said Chabad had obtained the necessary variances to build a single-family residence on the property, but never advised officials that the structure would also contain a place of assembly.

According to Carney, the builder was questioned when the plans were modified to install the kitchen on the second floor, but the township was assured the structure was only going to be used as a single family residence.

“There are all sorts of fire code requirements that apply to a place of assembly that do not apply to a single family residence,” said Carney. “You have to have the appropriate fire walls and emergency exits. It is a matter of safety.”

Township Manager John Lovell said on Monday that if the township had known about the intended use of the building, a fire wall would have been required between the upper floor where the rabbi and his family live and the ground-level area that serves as the chapel area and where Chabad conducts its educational programs. Programs include a school for children.

“We would also have addressed the parking problem,” said Lovell. “Parking on West Hanover Avenue is dangerous. Most of the congregants have to park elsewhere and walk to the property, but there are no sidewalks.”

Lovell said another problem is that the approvals granted in 2004 for a single family residence included a septic system designed to serve a four-bedroom home. The type of use as a place of assembly would require a larger septic system.

“Triggering all of this is the zoning use,” said Lovell. “While a house of worship is permitted in that zone, a minimum of five acres is normally required. It is only a one-acre lot. They received a variance on the assumption that it would only be used for a single family residence. If we had known it would be a house of worship, a larger lot would have provided space for on-site parking.”

Lovell said he began getting a lot of calls from Chabad’s neighbors complaining about the traffic being generated onto what is already a busy road. He visited the site and walked the neighborhood to judge the traffic problem, and was concerned when he had difficulty backing out of Chabad’s driveway.

“The driveway isn’t big enough to turn around in,” said Lovell.

In an effort to solve the problem, Lovell and attorney Alyse Landano of Township Attorney Edward Buzak’s office, met with Bechor and his legal advisors on Monday, Oct. 3.

“It was a productive meeting,” said Lovell. “Understanding that the Jewish high holy days were beginning, we worked it out so they would not be affected. Other than the high holy days, they agreed not to schedule any further activities until the appropriate approvals have been obtained. They will file an application with the Board of Adjustment as soon as possible.”

Meanwhile, Chabad has agreed to hire off-duty police officers, at their own expense, to help limit traffic problems on West Hanover Avenue.

“We had to consider the timing,” said Lovell. “If this matter were taken to court now, a judge is likely to question the fact that this issue has been raised just as the high holy days are about to begin.”

A similar timing issue was raised by a judge at the beginning of the summer when the township ordered a boarding kennel on Dover-Chester Road to close right before the Memorial Day weekend, one of the busiest weekends of the year for the kennel. In that case, the judge allowed the kennel to continue operating while it sought the necessary township approvals, noting how closure would adversely affect the kennel’s customers.

“Neighbors will have the opportunity to address the parking and traffic issues that concern them when Chabad’s application is heard by the Board of Adjustment,” said Lovell. “Chabad assured me that they will submit their application to the board very soon.”

Bechor could not be reached for comment because of the beginning of Rosh Hashanah on Monday.