Brookline, MA Zoning Board Finds Issue With Chabad, Shliach Gears Up For Legal Battle

by CrownHeights.info

It’s another story of an unhappy zoning board attempting to block the growth of a local Chabad center. The story is the same, the arguments are the same, and the legal outcome will undoubtably be the same as well.

“I didn’t want to share this on Social Media but since so many are asking me and many are shocked by the zoning meetings that took place I am posting it here,” Rabbi Mendy Uminer of Chabad at Chestnut Hill wrote on social media.

The disagreement with the zoning board relates to a new property that Chabad of Chestnut Hill is looking to build upon, looking for some minor variances as they prepare to build a new Chabad Center for the local Jewish community. Apparently, one member of the three-person board just doesn’t like the idea of a new Jewish institution in the area.

“But let me speak plainly: this is not just about architecture or aesthetics — this is about denying a community its legal and religious right to gather and pray,” Rabbi Uminer explained. “What has happened here should deeply concern anyone who cares about the rule of law, religious liberty, and the character of our town.”

According to Rabbi Uminer, the proposed building had already recieved unanimous approval from the local planning board, but found a single ‘nay’ at the zoning board. Due to Brookline bylaws, only a unanimous decision can allow for the zoning changes.

“That lone dissenting member did not even propose reasonable alternatives. He simply told us to “tear up the plans and start over” — disregarding legal precedent, Town Counsel guidance, and the protections granted to religious institutions by The Dover Amendment,” Uminer explained. “This denial violates both the spirit and letter of the law. It sends a dangerous message that in Brookline, a single voice can stand in the way of a lawful, community-based religious project — not because of zoning, but because of personal preferences and pressure.”

Legal battles for the new center pace isn’t new to Chabad of Chestnut Hill, with a legal battle required to win the right to demolish an aging structure at the site after The Historic Commission attempted to derail the project. Chabad took the case to court and won.

According to Rabbi Uminer, Chabad has attempted to work with the zoning board, even bedning over backwords and accepting requested changes not required by law, including removing a rooftop deck and two classrooms from the planned structure.

“We reduced hallway space and moved the building to increase setbacks beyond those required for a single-family home,” Uminer explained. “We agreed to landscaping, lighting, and screening plans, even though these cannot be legally imposed on us under Dover [Massachusetts Law].”

Still the increasing demands did not stop.

“Parking, despite Brookline law explicitly exempting religious institutions. A traffic study, which Town Counsel ruled would violate the Dover Amendment. Let’s not pretend this is about minor tweaks. This is about whether religious institutions in Brookline will be treated with fairness and respect — or be subject to selective enforcement, double standards, and de facto discrimination,” Rabbi Uminer said.

Unhappy with how Chabad was being treated, Rabbi Uminer released a video from a February zoning board meeting where the animosity and excuses being made were plane to see.

Finally fed up, Rabbi Uminer has announced plans to take the fight to court, and will even roll back some of the voluntary changes to the building plans.

“And so, we will now pursue every legal recourse — including Land Court and possibly Federal Court under RLUIPA — to defend our rights,” Rabbi Uminer explained. “Moreover, we will seek to reinstate the rooftop deck we voluntarily removed, because compromise only works when both sides act in good faith. We’ve done our part — now we must stand up for our community.”

Read the Entirety of Rabbi Uminer’s Message Below:

➤ Please take 2 minutes to speak up.

Send a message to the Brookline Select Board, urging them to ensure that Town boards and officials follow the law, not personal bias.

bgreene@brooklinema.gov, jvanscoyoc@brooklinema.gov, dpearlman@brooklinema.gov, msandman@brooklinema.gov, pwarren@brooklinema.gov

Here are the letter and follow up I sent.

Dear Members of the Brookline Select Board,

Thank you for your service to our town and for taking an interest in the Chabad building project.

But let me speak plainly: this is not just about architecture or aesthetics — this is about denying a community its legal and religious right to gather and pray.

What has happened here should deeply concern anyone who cares about the rule of law, religious liberty, and the character of our town.

Chabad has been in Brookline for 25 years — 22 of them in this very location. We’ve welcomed thousands through our doors — children, families, seniors — and provided a spiritual home, education, community, and care to hundreds of families from Brookline and beyond. Yet we are now being told that despite having no space, running programs out of a tent for most of the year, and complying with every reasonable legal standard — we still may not build.

We were told the denial was not about our right to be here — yet all evidence points to the opposite. From the beginning, this project has been obstructed:

The Historic Commission wrongly denied us the right to tear down aging structures. We had to sue the Town — and we won, because the law was on our side.

The Planning Board unanimously recommended approval of our project.

The Zoning Board voted 2-1 in favor, yet because the law requires unanimity, one member’s personal opinion overrode the majority vote — effectively blocking our right to build.

That lone dissenting member did not even propose reasonable alternatives. He simply told us to “tear up the plans and start over” — disregarding legal precedent, Town Counsel guidance, and the protections granted to religious institutions by The Dover Amendment.

Let’s be very clear:

This denial violates both the spirit and letter of the law. It sends a dangerous message that in Brookline, a single voice can stand in the way of a lawful, community-based religious project — not because of zoning, but because of personal preferences and pressure.

Over the course of this process, we’ve bent over backwards to compromise:

We eliminated two classrooms and a rooftop deck.

We reduced hallway space and moved the building to increase setbacks beyond those required for a single-family home.

95% of the building’s height complies with the code. The small deviation — 6.5 feet — impacts no neighbor.

We agreed to landscaping, lighting, and screening plans, even though these cannot be legally imposed on us under Dover.

And still, the neighborhood continues to demand:

Parking, despite Brookline law explicitly exempting religious institutions.

A traffic study, which Town Counsel ruled would violate the Dover Amendment.

Let’s not pretend this is about minor tweaks. This is about whether religious institutions in Brookline will be treated with fairness and respect — or be subject to selective enforcement, double standards, and de facto discrimination.

Let me say this plainly:

Hundreds of families are being denied their right to gather, pray, and celebrate Jewish life in their town. That is not just wrong — it’s legally indefensible and morally unacceptable.

And so, we will now pursue every legal recourse — including Land Court and possibly Federal Court under RLUIPA — to defend our rights. Moreover, we will seek to reinstate the rooftop deck we voluntarily removed, because compromise only works when both sides act in good faith. We’ve done our part — now we must stand up for our community.

Brookline must be better than this. The Select Board must not stand silently while this injustice is allowed to proceed. We ask you — as leaders of this town — to speak up and ensure Brookline remains a place where religious liberty, community values, and the law are honored and upheld.

I strongly recommend an urge the select board not to trust what I’m saying, but to watch the videos of the actual hearing they were shocking to all of us that watched it.

Side note: It’s worth mentioning that two local media outlets have already reached out regarding this issue — a reminder that the public is paying close attention to how Brookline handles this situation.

Respectfully,

Rabbi Mendy Uminer

Chabad at Chestnut Hill