Brick Files Suit To Force Unapproved Orthodox Jewish School To Stop Operating

BRICK, NJ — Brick Township has filed a lawsuit demanding a private school for Orthodox Jewish boys cease operations at the former Temple Beth Or site immediately, Mayor John G. Ducey said Friday night.

"Today, at my instruction, Brick has filed a lawsuit in Superior Court to force the unauthorized school on Van Zile Road to immediately cease and desist operations," Ducey said in an email. "In Brick, all property owners are required to obey our zoning regulations and we will enforce the law."

The 154-page lawsuit, filed Friday, follows a formal warning issued Monday by the township and stop work orders issued by the township's code enforcement officials to Congregation Kehilos Yisroel, the new owner of the property.

A message was sent to the attorney representing Congregation Kehilos Yisroel seeking comment on the matter.

The 4.1-acre property, home to the former synagogue and a rabbi's residence, was purchased by Congregation Kehilos Yisroel in March for $3.6 million, according to the deed filed with the Ocean County Clerk's office.

Neighbors have complained that the site was being operated as a private school for Orthodox Jewish boys; township officials have said that while a school is a permitted use, Congregation Kehilos Yisroel is required to file a site plan for the change of use and seek permits for the change.

According to the lawsuit, township officials have repeatedly warned the congregation that it must file the permits and site plan, but those warnings — including a formal one issued Aug. 16 — have been ignored.

On Thursday, Orthodox Jewish boys could be seen on the grounds at the former synagogue, and buses were still arriving at the site after 9 p.m.

In late July, flyers circulated on social media claiming there was a site plan being pushed through the Planning Board without proper notification, which includes notices to neighbors and public advertisements.

Brick Township business administrator Joanne Bergin at the time said the posting "was inaccurate."

"We have received phone calls regarding a posting indicating there was a Planning Board meeting scheduled to hear an application for the Temple Beth Or site. That posting was inaccurate and created confusion," she said.

"There is no application filed and there is no hearing date," she said at the time.

After the Aug. 10 township council meeting, Ducey said the township was compiling documentation of the activities. On Aug. 16, the town served Congregation Kehilos Yisroel with a zoning violation notice, warning it had to comply and file a site plan and seek permits for the change of use.

Bergin said the violation notice, which carries fines of up to $2,000 per day, was issued after efforts by Brick Township's land use attorney, Ronald Cucchiaro, to meet with the attorneys for Congregation Kehilos Yisroel had not received a response.

"There has not been any meetings or word from them on their plans to file a site plan application," Bergin said.

The lawsuit filed Friday includes a cease and desist demand for the school until it receives all the required Uniform Construction Code inspections and permits and land use approvals, including the site plan.

It says an initial zoning permit request was filed March 22 for a "bonei yerushalayim," which appears to translate to "builders of Jerusalem," according to an Israel tour website, Tour Your Way.

"The Zoning Permit did not mention a school use," the lawsuit said.

The lawsuit says the township started receiving complaints in May about activities and an inquiry to Samuel Pum, who filed the zoning permit application for Congregation Kehilos Yisroel, drew a reply that it was remaining a synagogue. In June, however, zoning officials learned the use had changed, and said Pum confirmed that in a phone conversation with Christopher Romano, the township's zoning officer. Romano repeatedly told Pum the congregation had to file a site plan for the change of use.

"Not only has CKY not applied for or obtained the required land use and Uniform Construction Code permits and approvals, the intensity of the school use has increased and upwards of 100 students began regular attendance in August," the lawsuit said.

The lawsuit, filed in Superior Court in Ocean County, asks for an immediate injunction on continued operations of the school until all the permits and land use rules are satisfied and seeks fined and monetary damages for the failure to follow the zoning laws.

In addition to complaints about the school, residents have been complaining to township officials about a home on Hendrickson Avenue that they say is operating as a dormitory. Bergin said there is a certificate of occupancy that was issued for the property but the township's code enforcement office is investigating to determine whether the occupancy exceeds what the certificate of occupancy permits.

"They are continuing those efforts and will address it accordingly," Bergin said.

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