Jewish Group Questioned Over Site Use

Ponte Vedra Beach, FL — Without getting mired in religious issues, Municipal Service District trustees are taking issue with how a Jewish group is using its site, which is a residence within the district.

At an MSD meeting Monday, the trustees said they don’t approve of “intense commercial” events taking place at Chabad at the Beaches, a Jewish community and social services group that operates in a house.

MSD Chairman Rob Becker said the events, such as cooking classes, children’s services and speeches, constitute commercial uses, which aren’t allowed in a residential area. He said that more than a zoning issue, it’s a safety concern because Chabad leaders have children and cooking in a home without fire suppressant equipment. In addition, he said participants of Chabad events park along the shoulder of Florida A1A, a heavily traveled road, and have to park and pull out during peak traffic hours.

Rabbi Nochum Kurinsky, who runs Chabad, said what goes on in his home is no different from any other resident holding a Boy Scouts meeting or community gathering in their home, and he has every right to do so. He said they no longer hold cooking classes there and children are always there with a parent.

On the parking issue, Kurinsky said it came up a year ago and his organization is not doing anything wrong.

“They’re really stretching it,” Kurinsky said. He said the MSD is “fishing” to find a problem. For example, Becker said Monday the home isn’t hooked up to the area’s vacuum sewer system, a requirement for residents in the MSD. Instead, he said, the Kurinskys have to have their septic tank pumped out about once a month. But Kurinsky said he has repeatedly tried to get hooked into the new system but was told his home isn’t eligible.

Wayne Flowers, an attorney for the MSD, said Monday he’s talked with County Attorney Patrick McCormack about the concerns, including the parking. He said the trustees have collected newspaper clippings that show Chabad advertises for these “intense” uses, such as cooking classes, Hebrew school and comedians, and he has passed those along to McCormack.

Last year, when parking first became an issue, the MSD tried to get County Attorney Dan Bosanko involved, but he did not prosecute, Flowers said.

McCormack did not return calls on Wednesday.

In August, former MSD Chairman Bob Reesh said at least two statutes in the 2006 Florida Driver’s Handbook applied to the situation.

One law says vehicles can’t be parked within 30 feet of a flashing light, like the one next to Chabad on Library Boulevard. On most Friday nights, cars are parked from the Chabad driveway north to the traffic light pole.

But Tom Cavin, a Jacksonville engineer for the Florida Department of Transportation, said that rule doesn’t apply in this situation. He said because that flashing light allows drivers to turn west onto Library Boulevard and the houses are on the east, cars parked on the east side of A1A do not create a safety concern.

Kurinsky cited a similar case that was tried in Orlando in 2002. In that case, a rabbi was being fined for code enforcement issues, such as noise and parking violations, while he was holding religious services in his home. The judge ruled in favor of the rabbi in that case.