|
Rabbi mulls next step after town denies request for building permit
Millburn Township has denied a building permit to a rabbi who had hoped to expand the Jefferson Avenue house he currently uses as a residence and house of worship. The township said the request by Rabbi Mendel Bogomilsky, which called for a 2,500-square-foot addition to his property at 1 Jefferson Ave., did not meet the property’s residential zoning requirements. Bogomilsky, however, suggested the board’s decision was “political” and has sought the assistance of a well-known Washington attorney, Nathan Lewin, who often works on behalf of Orthodox Jewish clients in zoning and land-use disputes. Although the original permit request was denied in November, Bogomilsky has not filed an appeal with the township’s zoning board. “We are not sure what we are filing for,” said Bogomilsky. “The town said ‘no’ because of how they think we will use the house at a future date. The town thinks we will use the property as a house of worship.” Bogomilsky told NJ Jewish News that the addition would be used primarily as a residence and secondarily as a place for davening, or prayer services. He added that that is how the existing building is being used. “The town is not happy with this setup,” he said. Bogomilsky, associated with the Chabad-Lubavitch hasidic outreach movement, directs the Chai Center, which includes a synagogue at 437 Millburn Ave. and the Chai Judaica store at 515 Millburn Ave. The rabbi acknowledged that a supporter of the Chai Center purchased the house next door to 1 Jefferson Ave. “as an investment” and currently rents it out. He did not say what the supporter’s plans are for the property. Bogomilsky said that the township shouldn’t have denied a permit on the basis of what they think the property will be used for in the future; rather, he said, they should have waited to issue a violation if and when one actually occurred. Letters have been written by the attorneys on both sides since the initial complaint was denied. Various representatives for the township directed calls to the township attorney, Richard Trenk. Trenk did not return repeated phone calls from NJJN. Millburn Mayor Dan Baer also did not return calls. Rick Keating, head of a neighborhood association opposing the center, could not be reached for comment. According to one resident on the block, who asked that her name not be used, neighbors are relieved the application was denied. “I don’t think any of us on Jefferson Avenue want the traffic of a center with a lot of activity on our residential street,” the neighbor said. “It’s already hard enough to get out onto Old Short Hills Road. We don’t need more congestion and activity.” While the neighbor has not had any interaction with Bogomilsky, she was not aware that there are already services and gatherings occurring at the residence. Still, she said, “anyone I know is not in favor of having a community center at that location.” Bogomilsky insists he is within his rights. “We feel we are being denied our rights as homeowners and citizens,” said Bogomilsky. “It’s up to the town to right that wrong.” The last conversation he had with the town was several weeks ago. “It’s a developing situation,” said Bogomilsky, who added that he is hopeful that he would be able to work things out with the township without resorting to the courts. “Nobody wants to litigate because of the acrimony and the time and the cost.” For now, he added, “the ball is in their court to get back to us.” Comment | | | |
| ©2006 New Jersey Jewish News
All rights reserved |