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Freehold, Township, NJ - Zoning Board: Rabbi in Violation for Using Home as House of Worship |
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Freehold, Township, NJ - Seven members of the township Zoning Board of Adjustment unanimously decided last night 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.
The township does permit houses of worship in residential areas, but requires a use variance for their operation. Bernstein — a member of Chabad Lubavitch — does not have a use variance to run services out of his home.
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.
The board chose to vote on the matter last night despite written protests received from Bernstein's new attorney, Vincent Manning of Freehold.
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.
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Read Comments (5) — Post Yours »
1
Jul 25, 2008 at 08:08 AM Der Nister Says:
What can't he apply for the necesary variance?
2
Jul 25, 2008 at 08:10 AM A maven Says:
Why can't he do things the right way instead of being an oiber chochom! Apply for a variance and be legit!
3
Jul 25, 2008 at 09:51 AM In the know Says:
Why do you assume he hasn't tried that already?
Applying for a variance will do no good because the township doesn't want him there. If you have followed this story over the past year, you will know of all the tricks Freehold has played to try and get rid of him.
4
Jul 25, 2008 at 12:04 PM yenta pesha Says:
why is everybody commenting. just learn chofetz chaim & shiral haloshon, & if you love your fellow yid!!!!!!
5
Jul 25, 2008 at 01:23 PM Anonymous Says:
The U.S. constitution allows people to assemble for a common purpose, in this case a religious assembly. It is unconstitutional not to allow people to assemble together for worship.