Randolph Chabad leader fights summonses for services at his home
RANDOLPH -- The rabbi who operates the Chabad Center of Randolph is maintaining that summonses issued by the township over the center's large prayer services violate his constitutional right to freedom of religion, his attorneys told a judge in municipal court.
Rabbi Avraham Bechor was in court on Wednesday over zoning summonses issued against him in October for holding large services in his home on West Hanover Avenue.
"There are serious constitutional issues," Bechor's attorney, Jack Dashosh, told Municipal Judge Ira Cohen.
"It's going to get to a religious issue," added Bechor's other attorney, Ronald Heymann.
Municipal prosecutor Michael Cresitello asked to move ahead with the matter of the four summonses. They were issued last year for not having proper site plan approval, not having the correct zoning permits for change of use, not having a certificate of occupancy required for use and deviating from the original approval.
Cohen eventually adjourned the case until Feb. 15.
Bechor and his attorneys have scheduled a Feb. 10 meeting with township attorney Ed Buzak and township manager John Lovell in an attempt to resolve the issue.
The house was built a couple of years ago, according to township officials. The developer received variances from the board of adjustment when building the single-family home. During construction there was a permit change to convert a three-bay garage into a family billiards room, as well as a request to move the kitchen upstairs.
The township began receiving complaints from neighbors over parking issues after people using the center parked on the lawn. There apparently were school services held for children there as well, officials said. Another potential problem was that the septic system was designed for a small family, not a congregation.
"I would say that we're going to be good listeners," Lovell said on Friday. "I think the township has staked out its position very clearly, and I think Chabad understands its position."
Lovell balked at the notion that the township was interfering with the rabbi's religious practices.
"We delayed any actions until after the (High Holy Days), much to the chagrin of the neighbors, who were furious with us," Lovell said.
The township and Bechor initially came to an agreement that the Chabad Center could house the following activities:
• Small family prayer services;
• A minyan, or a gathering of at least 10 men for prayer; and
• Counseling.
The township told Bechor that, if he wanted to continue to use the house as a Chabad center, he would have to make the required changes to the home and would need the township's approval to do so. For example, emergency exits and fire doors would be required.
"There are four summonses that say we're in violation because we need a use variance for a zone change," Heymann said last week.
"We received a variance for a single-family residential (use). The rabbi lives there with his wife and ... children. The law allows him to assemble and pray there."
Heymann conceded that the issue of parking likely will need to be addressed.
"I'm hoping that the meeting on the 10th has some resolution," Heymann said. "My principal concern would be parking. Short of that I don't have too many concerns."
Lovell said his concerns specifically address zoning laws and the safety of the center members and neighbors.
"There are zoning issues and construction code issues," he said.
"There are handicap and fire codes. It's now recognized as a house of assembly. ... The other aspect is parking on a side lot violates a wetlands area. These are very real issues. It's not just the town versus Chabad ...we're carrying out state mandates as well."
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