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Millburn, NJ - Town and Rabbi Drop Lawsuits, Agree to Zoning Board Hearings

Published on:   Jul 14, 2009 at 07:14 PM
News Source:  Independent Press
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Rabbi Mendel Bogomilsky and his wife, Rivkah, want to combine their home at 1 Jefferson Ave. in Millburn with property next door and turn them into an official house of worship. Photo by Robert Wiener for NJJN
Rabbi Mendel Bogomilsky and his wife, Rivkah, want to combine their home at 1 Jefferson Ave. in Millburn with property next door and turn them into an official house of worship. Photo by Robert Wiener for NJJN
Millburn, NJ - Members of the township's Zoning Board of Adjustment have given themselves a March 31, 2010 deadline to decide on whether to allow Rabbi Mendel Bogomilsky to combine his two properties on Jefferson Avenue in Short Hills so he can operate a house of worship there.

Attorney Michael Kates of Kates Nussman Rapone Ellis & Farhi, LLP, the special counsel representing both the township and individual officials involved in litigation with the Bogomilskys over the matter, explained that at the request of the Zoning Board's chairman, the stipulation that dismissed without prejudice a complaint the township filed against the Bogomilskys and their countersuit has been amended to include the new date.

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The March 2010 date is "based upon reasonable expectations" Mr. Kates said, explaining that it's just a target date and not set in stone. The original date included in the stipulation was Dec. 31, 2009, he said.

Based upon a timetable that both parties agreed to, Rabbi Bogomilsky is expected to file an application with the Zoning Board by September and zoning officials have agreed to hold as many meetings as necessary to hear testimony and vote on the requested variances.

"The town's only thrust was to get them before the Zoning Board and that's been fulfilled," Mr. Kates said, referring to the complaint he filed earlier this year on behalf of the township directing the rabbi to apply for a variance for his 1 Jefferson Avenue property where officials said he was operating a house of worship in violation of zoning laws.

After Mr. Kates filed a limited complaint regarding the matter, the rabbi's attorney responded by filing a counterclaim and a third party complaint against township officials.

The 1.2 acre property at 1 Jefferson Avenue is located in an R-3 zone which requires that houses of worship be situated on at least three acres.

In a settlement reached last month between the rabbi and township officials, Rabbi Bogomilsky proposed merging his 1 Jefferson Avenue property with a second property he owns at 7 Jefferson Avenue. That would create a two-acre site for him to hold religious services. He will be asking the Zoning Board for approval to combine the lots and allow his home to be used for religious services although the size of the combined lot will still fall short of the three-acre minimum.


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Read Comments (13)  —  Post Yours »

1

 Jul 14, 2009 at 09:13 PM yenta Says:

http://www.theitemonline.com/NC/0/1872.html

for more info. $500,000.00 my foot!

2

 Jul 14, 2009 at 09:56 PM Anonymous Says:

I live in Millburn. And we would be just fine without a shul in a house. If I wanted that I (and my friends) would have moved to Brooklyn or Monsey

3

 Jul 14, 2009 at 10:20 PM flyotw Says:

Reply to #2  
Anonymous Says:

I live in Millburn. And we would be just fine without a shul in a house. If I wanted that I (and my friends) would have moved to Brooklyn or Monsey

I also live in Millburn, and we would be better off if people like you would move to Monsey or Brooklyn.
For that matter, you could also buy off the street, so nobody could park there, and the houses of all those Jews who do want to pray in an Orthodox setting and according to you should move out of town.

4

 Jul 14, 2009 at 10:41 PM chuchem Says:

Reply to #2  
Anonymous Says:

I live in Millburn. And we would be just fine without a shul in a house. If I wanted that I (and my friends) would have moved to Brooklyn or Monsey

Of course you would be ok completly without a shul. As long you have were to hang out

5

 Jul 15, 2009 at 02:22 AM Milhouse Says:

Reply to #2  
Anonymous Says:

I live in Millburn. And we would be just fine without a shul in a house. If I wanted that I (and my friends) would have moved to Brooklyn or Monsey

Well, tough luck. People are legally entitled to hold minyonim in their houses, and there's nothing you can do about it. The rabbi will submit his application and it will be granted, or else he will be back in court and it won't go well for the township, especially when the illegal police surveillance of mispalelim comes into the evidence..

6

 Jul 15, 2009 at 08:02 AM shmiel glassman Says:

comment #2 - selfish creature , even if you did not need a shul - does it harm you why are you allergic to a little chabad house isnt 2 acres enough space for a small shul
brooklyn has some problems but shuls is not one of them
i have a day camp in boro park & there is a neighbor across the street who in no way is affiliated with this chassidus & he graciously allows the boys to lock their bikes along his fence & occasionaly use his yard these are neighbors that are a kiddush hashem & hes not the only one - proud to be in brooklyn
ps his name is rav unger ( brother to rav mordechai duvid shlita)

7

 Jul 15, 2009 at 08:51 AM Anonymous Says:

If this is allowed, Millburn will become another Teaneck or West Orange.
NO THANK YOU!

8

 Jul 15, 2009 at 11:02 AM Anonymous Says:

Reply to #7  
Anonymous Says:

If this is allowed, Millburn will become another Teaneck or West Orange.
NO THANK YOU!

so let it become a Monroe

9

 Jul 15, 2009 at 11:02 AM Anonymous Says:

Reply to #7  
Anonymous Says:

If this is allowed, Millburn will become another Teaneck or West Orange.
NO THANK YOU!

They both have high real estate values.

10

 Jul 15, 2009 at 10:11 AM hello Says:

to #2 and 3.I am assuming you are jewish if youvisit this site. why the anti judaism, religion? move to theran if you so despise (religious) jews. in this crazy world most people (don't know about you) crave for religious inspiration.people in your town are entitled of it

11

 Jul 15, 2009 at 01:40 PM Anonymous Says:

I live in Milburn. This is the last thing we need. Why does Cahbad always push themselves were they are not wanted. You call this doing the Rebbe's work?

12

 Jul 16, 2009 at 12:24 AM PMO Says:

So long as the community is respected and the Rav works WITH the town to do things properly, I wish him all the success in the world! How great would it be to see this work out right such that the community can be satisfied and benefit from this shul. This has the potential to be a huge kiddush H" and we should all be supportive.

13

 Jul 16, 2009 at 12:13 PM Anonymous Says:

Really, no thank you. I enjoy living in a community that is secular and has plenty of shopping and eatery options on Fridays and Saturdays. We do not need the Taliban, I mean, an Orthodox presence here.

14

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