The Jackson Township Council and Zoning Board have just signed on the dotted line - they will permit Rabbi Abraham and Hana Matzliach to use their detached garage for "habitable space" for them and "their invitees."
Additionally, the Township has agreed to pay the Matzliach's $100,000 as compensation and legal fees in return for agreeing to settle their federal lawsuit.
A number of years ago, Rabbi Matzliach converted their detached garage into a small shul.
On January 4, 2021, Township Zoning Officer Jeffrey Purpuro issued violations for the changed use without Zoning approval.
In response, the Matzliach's applied for a Zoning Permit to change the use from a private detached garage, to a residential use, which included an indoor recreation area and residential home worship.
The Zoning Official denied the Application, explaining that the Township’s ordinances differentiate between a private detached garage and an attached garage, and consequently, what the Matzliach's sought was to convert a permitted accessory use and structure into a habitable and/or residential dwelling space, thus creating a second permitted principal use on the same lot.
The Zoning Official denied the Application because a Use Variance - which only the Zoning Board could grant - would be required for the change of use of the detached garage to a use which is not otherwise permitted in the Zone.
The Matzliach's did not immediately file an application to the Zoning Board for a Use Variance. Rather, they filed an application seeking to have the Board review the Zoning Official’s interpretation of the Code.
As previously reported here on FAA News, back in April 2023, the Board voted unanimously to uphold the Zoning Officer's determination that the use of a shul is not permitted and requires a Use Variance.
The Board explained that case law has established only that "home worship" is permitted inside of a home and not in a detached garage, especially in Jackson Township where a garage is permitted as an accessory use only for parking and storage.
Subsequently, the Matzliach's submitted an application to the Board for a Use Variance - simply to change the use of his detached garage to habitable space of the residence for "additional living space for the extended family." At the public hearing, there was no mention of any proposed shul use.
As previously reported here on FAA News, in September 2023, the Board denied this application, finding that the Matzliach's failed to burden of proof as required for a Use Variance, and that they failed to even identify the positive criteria, let alone satisfy the positive criteria.
In the meantime, as previously reported here on FAA News, in December 2023, as part of the Township's negotiated settlements with the U.S. Department of Justice and Agudath Israel, the Township Council adopted new ordinances which will bring signatures into action and pave the way for shul, schools, dormitories, and mikvahs.
Just weeks later, as previously reported here on FAA News, the Matzliach's, who are represented by Freehold Attorneys Sieglinde K. Rath and Christopher K. Costa, Esq. of Storzer & Associates, P.C., filed a lawsuit in federal court appealing the Zoning Board's denial of their applications.
While at the public hearing they insisted that the habitable space was as "a recreation room for family life," in their lawsuit they are asserting that their application for "daily living space" was intended to "include home worship," as they "pray in this additional home space as part of their daily life."
The Board's denial of their application - which was based on the fact that the garage is detached and therefore only permitted for the accessory uses of parking and storage - "discriminates against religious land use generally and specifically against Orthodox Jewish religious practice," the suit charges.
The complaint further challenges that the Township's new shul ordinance still discriminates against such religious land uses, as compared to nonreligious assembly and/or institutional land uses.
"Accordingly, as with the prior version of the Township’s zoning code, its amended code continues to treat religious land uses differently and worse than various nonreligious assembly and institutional land uses," the complaint alleges.
After haggling over the matter for a year, including through mediating the litigation before Retired Judge Douglas E. Arpert, the Township Council and Zoning Board have just settled the lawsuit.
According to the terms of the consent agreement filed today and signed by Judge Robert Kirsch, the Township will cease any Code Enforcement violations and permit the Matzliach's to use their detached garage for "habitable space" for them and "their invitees."
Additionally, Township officials have agreed to pay the Matzliach's $100,000 as compensation and legal fees in return for agreeing to settle their federal lawsuit.
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4 comments:
The current Administration is nuts.
Bottom line, Matzliach lost his pants. (Legal fees $200k+ and the town is NOT paying legal fees)
They are paying his legal fees PLUS $100K.
Incorrect. Agreement says "$100,000 inclusive of legal fees"
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