FREEHOLD TOWNSHIP, NJ — Seven members of the township Zoning Board of Adjustment unanimously decided Thursday that a local rabbi is, in fact, running a house of worship out of his home.
“If it walks like a duck, and talks like a duck, it probably is a duck,” zoning board member William Nero said before the board voted. “And without question, this is a duck.”
Zoning Board Finds Rabbi in Violation
FREEHOLD TOWNSHIP, NJ — Seven members of the township Zoning Board of Adjustment unanimously decided Thursday that a local rabbi is, in fact, running a house of worship out of his home.
“If it walks like a duck, and talks like a duck, it probably is a duck,” zoning board member William Nero said before the board voted. “And without question, this is a duck.”
Nero was referring to 351 Stillwells Corner Road, the home of Rabbi Avraham Bernstein.
Bernstein’s neighbors have long complained that Bernstein is running religious services out of his home, which is located across the street from the township Municipal Complex.
The township does permit houses of worship in residential areas, but requires a use variance for their operation. Bernstein — a member of the Jewish organization Chabad Lubavitch — does not have a use variance to run services out of his home.
After years of mounting frustration among his neighbors, one — Paul Sweda, who lives next to Bernstein — asked the zoning board to determine whether Bernstein is operating a house of worship in violation of the township’s zoning ordinances.
The board began hearing the case in January. During the hearing process, the board heard from several witnesses who described watching people visit Bernstein’s home on Fridays and Saturdays, and observing what they believed to be religious celebrations at the house.
Based on that testimony and their own observations, board members said they felt assured that Bernstein’s home met the definition of a house of worship.
To be a house of worship, a property must be used for traditional services, meetings or gatherings of an organized religious body or community, which are presided over by an ordained or “otherwise officially recognized” leader of the body or community.
“I have heard sufficient evidence to indicate indeed this (house) is being used as a religious site,” said board Chairman Edward McCloskey.
The board chose to vote on the matter Thursday night despite written protests received from Bernstein’s new attorney, Vincent Manning of Freehold, said the zoning board’s attorney, Dennis Galvin. Manning replaced Red Bank attorney Gerald Marks.
After the vote, Sweda said he was pleased with the vote but did not want to comment at length.
“They (the board members) said it well,” Sweda said.
It was not clear what the next step would be for Bernstein, and he did not attend the hearing.
Bernstein still has remaining legal issues with the township, which he has sued in both federal and state courts. In both suits, he alleges — in part — that his constitutional rights to worship freely have been violated by the township.
S & H Bortunk
Rabbi B, you have our support here in Miami Beach!! Let us know how we can help…
puzzled
Sorry, but if the local law is to have a “use variance”, whatever that is, why didn’t Rabbi Bernstein get one??? It seems to me that all this could’ve been avoided if acted on responsibly. Of course, there may well be more to it, but we wouldn’t know, would we?
J to the rescue
i agree with puzzled. thats the problem with these people, they don’t do things according to the law, then they sue everyone and claim anti-semitism. get real!
A Shliach
As a Shliach who has gone through a similar challenge, I would like to point out to the previous poster:
Before one can judge the Rebbe’s Shliach who is out there trying to battle all kinds of forces that may come his way, you need to be very knowledgeable in the details of the circumstances in his city, and only then can one perhaps have the Chutzpah to start judging.
I believe that the Shliach deserves basic respect and benefit of the doubt. Trust him that he knows his city and his place of Shlichus well enough to make the right decisions.
Wanda Ring
Did he apply for a variance? Was he unreasonably denied? Does he claim for some reason that an application would have beed futile?
infringment on our rights
The average Chabad house could be considered to be running a “house of worship”, just buy the amount of guests on the average Friday night, they have no right to stop us from having our Friday night meals late into the night!
Attorney
He did the right thing to sue in court, especially Federal Court, rather than to waste his time seeking a “variance” from a bunch of anti-Semites. He doesn’t need a variance according to the First Amendment of the United States Constitution, which invalidates any local ordinance that trys to prohibit the free exercise of one’s religion.
a suffering chassid
let’s face the real issues 1. Revenge 2. Antisemitism.They (the board, township can’t win on the merits so they create issues.Let’s look at things for real even if people Daaven by him so what? The longest time is Shachris & musaf.Are they really bothering any body? is it so loud that people can’t hear or watch their televisions?You get the point!!
Kop Doktar
A variance costs money and takes time – both are in short commodity. Not to mention, that the success is questionable. Plus it bring on unwanted attention. The shaliach on site knows who he is dealing with and their attitudes towards his activities! So, please think (a little) before you judge, and even then, try to judge others favourably!
Suzie Q
Why must a Chabad House be in the middle of a residential area? Why not a store front or house out of the way of other homes? Of course, in America, there are all kinds of rights, but the neighbors have rights, too. Is it okay for cars to block their driveways? For people to be leaving garbage on their lawns? If your neighbor were throwing parties every week and sometimes 2 or 3 times a week, you might call the authorities to do something about the nuisance.
I believe in the work the shluchim are doing, but I don’t believe they are above the law. I also don’t believe they know the laws of the cities they come to. Before settling in, maybe they should find a lawyer who can tell them what the laws are. I really can’t imagine the Rebbe would want his shluchim to go around and break laws and make a chillul Lubavitch. America is not Russia. We don’t have to sneak around and go underground.
The truth
He did apply, and was turned down, he is a staright shooter, and lives in a ver hard town.
curious?
Whose house is pictured at the beginning of the article? It is certainly not 351 Stillwells Corner Rd.
Wanda Ring
To Attorney:
Have you never heard of the legal rule of “Exhaustion of Administrative Remedies”? See my inquiries above. Unless the Shaliach can prove a claim of “futility”, a Federal judge will probably be required to throw this case out on these grounds alone. Learn the law.
Get Real
Suzie Q asks: Why must a Chabad House be in the middle of a residential area? Why not a store front or house out of the way of other homes?
Simple, it’s a “Chabad HOUSE”, not a Chabad Store, and it’s to service residential community, not tucked away behind some factory on the outskirts of civilization.
Better yet, become a shliach/shlucha and you won’t have the question.