Rutherford Institute Joins Suit Against Zoning Board Over Right of Jewish Congregation to Hold Prayer Meetings in Private Home
The Rutherford Institute News - 04-18-2011
Harold Ritvo, Esq.for the Board of Adjustments: Answer to Complaint 02-04-2011
Superior Court Bergen County on 12-17-2010: Complaint in Lieu of Prerogative Writs
On Wednesday August 11, 2010 the Board of Adjustment approved the request to allow 554 Queen Anne Road to operate as a house of worship with various restrictions and conditions. After a postponement in September the resolution was memorialized at the October 7, 2010 meeting.
To the best of my understanding the resolution was unchanged from the resolution below with the exception of the spelling corrections in the first three remarks. If an unannotated version becomes available, it will be posted.
Resolution in the Matter of 554 Queen Anne Road, LLC
The above includes comments from E. Trawinski representing 554 Queen Anne Road, LLC.
Trawinski to Ritvo on 8-31-2010 regarding resolution and comments
Transcripts of of the 03-18-2010, 06-16-2010, 8-11-2010 and 9-2-2010 meetings are not available.
If anyone has copies and would like to see them online please send them to list@554queenanne.info.
Transcript of 01-20-2010 BofA Special Meeting
Planning & Zone Analysis Block 2409 Lot 8 - prepared by Kauker&Kauker 11/23/2009 = presented at the 1/20/2009 hearing.
Transcript of 12-16-2009 BofA Special Meeting
To get emails about the date and location of these meetings, please email Tom Abbott at list@554queenanne.info. Please include your full name.
A "family room" was constructed at 554 Queen Anne and a CofO was issued by the township. It was immediately placed in use for religious services. A statement was sent to the Teaneck Construction Official and Zoning Officer, with copies to the Township Manager, the Township Council and the Board of Adjustment. It includes much of the history of the events leading up to the building of the "family room" and provides evidence that the intention was to use it as a house of worship as well as pictures showing it used as a house of worship:
Statement concerning use of "family room" as a house of worship - 07-22-2008
- Exhibit 1 - Petition and letters from "Betty Gable" (names and addresses have been omitted for posting.)
- Exhibit 2 - Deed to 554 Queen Anne Road, Inc. and related documents
- Exhibit 3 - Certificate of Incorporation 554 Queen Anne Road, Inc.
- Exhibit 4 - Construction Permit Application -10-29-07
- Exhibit 5 - Construction Permit Application - 11-02-07
- Exhibit 6 - Construction Permit Application - 11-09-07
- Exhibit 7 - Email correspondence with Teaneck personnel
- Exhibit 8 - Various Etz Chaim Announcements
- Exhibit 9 - Photos of people entering 554 Queen Anne Road (large)
- Exhibit 10 - Etz Chaim of Teaneck Membership Application
- Exhibit 11 - Etz Chaim of Teaneck - Rosh Hashannah and Yom Kippur 2008 reservation form
Prior to the sending of the above, the building department issued a CofO. This followed discovery of additional work performed without permits including the renovation of the basement (see pages 28 and 32 for descriptions). Also a zoning permit was applied for and issued (page 37) to retain the current path to the houses main entrance.
Included also is a Letter from Etz Chaim's lawyer to Construction Official/Zoning Officer on 06-20-2008, "memorializing the activities that take place" at 554
A meeting was held on May 28, 2008. The following includes a Letter from Etz Chaim's lawyer to Construction Official/Zoning Officer on 06-20-2008, "memorializing the activities that take place" at 554. The following also includes email correspondence relative to the final inspections and violations (see above work performed without permits).
The town responded with an order to stop using it as a house of worship and outlining an appeal process:
Decision and Order from Mr. Gluck to Etz Chaim and Feldman - 08-08-2008
Etz Chaim appealed with:
On 11-19-2008, the Construction Officer/Zoning Official sent a "follow up to the Decision and Order dated August 8, 2008". Despite OPRA requests, (including one in March of 2009) this was not provided till October of 2009 just before the scheduled variance hearing.
In addition to the above the following was also supplied to requestors in October of 2009 rather than is response to ealier OPRA requests. It includes a letter from 554's lawyer, stating it wishes to amend it's appeal request to include requesting a variance dated the day after the "follow up" letter.
When it was noticed that the appeal was not being heard within the 120 days required by township ordinances, neighbors inquired and were informed that Etz Chaim had indicated that instead of going through an appeal process, Etz Chaim was going to apply for a variance. Etz Chaim applied for a zoning permit which was denied in March.
Application for Zoning Permit - 03-03-2009 and Denial - 03-06-2009
A second town denial in April included a list of required variances:
Refusal of Permit and list of required variances - 04-15-2009
A hearing was scheduled before the Board of Adjustment on October 14, 2009 and adjourned.
A letter was sent by Daniel Melfi, Zoning Official to Robert Erlich on December 17, 2009 (list of proposed spaces omitted):