An Orthodox Jewish boys school in Brick? Attorney says federal law is on its side
BRICK — Traffic congestion and religious rights were the focus of a hearing Monday on a proposed Orthodox Jewish boys school that is seeking a variance before the Brick Board of Adjustment.
Congregation Kehilos Yisroel of Lakewood wants to convert most of a temple located at 200 Van Zile Road into a Talmudic school for boys ages 14 to 17.
No decision was rendered on the proposal, which has rankled some neighbors — partly because the school began operations over the summer without community notice. It subsequently closed, but plans for the school remain very much alive.
David Pollak, the school's administrator, told the board during the 5½-hour meeting the school day would begin at 7:50 a.m. and end at 8:30 p.m. for younger students and end at 9:30 p.m. for older students.
Students would dismiss early on Friday to join their families before sundown for the Sabbath and return to class on Sunday, he said.
No more than about 100 students would be enrolled, he said.
Plans submitted to the board show the primary structure on the 4.11-acre lot will have four classrooms with capacity for 100 students, a kitchen, offices, a sanctuary and multiple purpose hall with room with a capacity for an additional 574 people.
About a quarter of the building would be used for religious services for about 40 to 50 members of the congregation, Pollak said.
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The congregation is seeking a "change of use" variance before the board, but both schools and houses of worship are allowed in the Van Zile Road neighborhood, said attorney Adam Pfeffer, who represents the congregation.
"The township has already decided this is an appropriate zone, both for the house of worship and the school," he told the board.
Pfeffer also cited the Religious Land Use and Institutionalized Persons Act at the hearing, noting the federal law's protections against religious discrimination.
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Enacted by Congress in 2000, the law protects religious institutions from "unduly burdensome or discriminatory land-use regulations," according to the U.S. Department of Justice.
The law bars government entities from discriminating among religions, from imposing "substantial burden" on religious exercise, and requires they treat houses of worship as favorably as non-religious assemblies, such as fraternity halls and banquet facilities.
"Denial of the application would substantially burden the congregation's religious exercise," Pfeffer said. "The congregation here does not have a readily available alternative (to the school building) and inability to operate will prevent it from fulfilling its religious mission to teach Orthodox Jewish students religious and secular subjects."
Board attorney Ronald D. Cucchiaro said board members would have to "harmonize" federal law, state statute and municipal land-use rules in their decision making. He said the board was obligated to use its powers of approval or denial in the "least restrictive" way as a result of the federal law.
Board professional and members spent much of the hearing asking questions about how parent pick up and drop off would impact traffic in the neighborhood, which is already the main artery for buses to and from Veterans Memorial Elementary and Middle schools.
The board did not reach a decision on the variance application. Instead, at 11:30 p.m., board members voted to continue the hearing on Feb. 16. The next meeting will start at 7 p.m. in Civic Plaza, 270 Chambers Bridge Road.
Experts for Congregation Kehilos Yisroel are expected to discuss traffic impacts in more detail at the February meeting and also be met with pushback from an attorney hired by neighbors of the proposed school.
Joe Orth, an outspoken critic of the congregation's plan, said he helped to hire an attorney to object to the proposal, but due to a personal emergency, the attorney was not present at Monday's hearing.
In September, Orth helped lead a group of protesters through the neighborhood to object to the school, which was operating at the time without Board of Adjustment approval.
After initially opening in August, the school was forced to close by a Superior Court judge in response to a lawsuit filed by Brick officials. Superior Court Judge Craig L. Wellerson ordered safety inspections of the school and ordered congregation officials to present their plans to Brick's land use board, in order to ensure the building was safe for students.
Prior to the judge's order, Pfeffer had argued that a hearing with the land-use board was not necessary because the temple had held religious classes under its former owner.
In November, the Van Zile Road property was cited by Brick code enforcement officials for having dead trees and trash on site, boarded up windows and fence in disrepair. The violations have since been fixed, board officials said Monday.
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Amanda Oglesby is an Ocean County native who covers Brick, Barnegat and Lacey townships as well as the environment. She has worked for the Press for more than a decade. Reach her at @OglesbyAPP, aoglesby@gannettnj.com or 732-557-5701.
This article originally appeared on Asbury Park Press: Brick Orthodox Jewish boys school attorney cites federal law to board
