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The Jackson Township Council and Zoning Board have just formally agreed to settle Rabbi Abraham and Hana Matzliach's federal lawsuit appealing the Zoning Board's denial of their Use Variance which sought to convert their detached garage into "habitable space," FAA News has learned.
The final settlement agreement is expected to be signed and sealed this week.
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 their 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 formally agreed to settle the lawsuit.
The terms of the final settlement agreement is expected to be ratified by the governing body this Tuesday and by the Zoning Board this Wednesday. The agreement will then be filed in court.
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2 comments:
Imagine a parking lot next to your home expanding into residential zones in which schools, synagogues, dormitories and mikvahs are permitted. The last time I checked this is where my family lives, where I have lived for decades, where I made memeriors growing up as a kid,and its being completely over turned for the benefit of the Orthodox Community.Can I open my Auto Repair shop next door to your Shul or a house of worship in a residential area and the answer is no. I welcome your comments on this issues becuase this is why we non jewish people are all pissed off about.It is not a one way street and the answer on resolving this issue can be done in a respect and perfessonal matter.Never saw so much BS in my life. Remember Religious freedom in America means we all have the right to our religious beliefs, but it does not give us the right to use our religion to discriminate against and impose those beliefs on others who do not share them.
There is an established code that does not allow this. Does this mean now we can build a structure in our backyard for extended family living? This settlement is wrong. Jackson should have gone to trial on this. Nobody in Jackson in "residential" area is permitted this. Nobody is discriminating anybody's religious rights. You can just gather in your home to pray. Stop infringing on other residents by disturbing their quality of life as they have known it. This is very disturbing. Do you think Jackson attorney is part of this problem to be so quick to settle?
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