Hearing Set In Brick's Suit To Shut Down Orthodox Jewish School

BRICK, NJ — A hearing has been scheduled in Ocean County Superior Court on Brick Township's request to stop the operation of an Orthodox Jewish school at the former Temple Beth Or property.

Brick Township filed the lawsuit Aug. 20, after weeks of emails and phone calls to Congregation Kehilos Yisroel, the new owner of the property, informing it that permits have to be obtained and a site plan must be approved for a change of use to a school.

On Friday, township business administrator Joanne Bergin said the township's complaint and request for a cease-and-desist order to halt operations at the school is scheduled to be heard Sept. 13.

Messages seeking comment from attorney Adam Pfeffer of Levin, Shea, Pfeffer, and Goldman, who is representing Congregation Kehilos Yisroel in the dealings with the township, have not been answered.

Congregation Kehilos Yisroel purchased the former Temple Beth Or property at 200 Van Zile Road in March. It initially filed a zoning permit request March 22 for to continue to operate it as a house of worship.

The township started receiving complaints in May about activities at the building, 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.

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.

Bergin said fines of up to $2,000 per day are accumulating against Congregation Kehilos Yisroel for continuing to operate the school without the Uniform Construction Code permits and without a site plan approved by township Planning Board.

"Township code requires the new owners submit a site plan application before our Township Planning Board if they plan on changing the use to a school," Bergin said. "That process includes an open public meeting where neighbors can hear testimony regarding the intended use of the site. The public will have an opportunity to ask questions of the professionals providing testimony and provide comment as well."

The school is not the only issue that has neighbors angry. Two homes nearby, one on Hendrickson Avenue and the other on Van Zile Road, have sparked multiple complaints to township officials.

Bergin said the Hendrickson Avenue property has a certificate of occupancy. Brick Township code enforcement officials have issued violations for overcrowding, which comes with a penalty that includes fines up to $2,000 per day.

"If not addressed, that matter will also go before a Municipal Court judge for a formal decision and penalties," Bergin said.

The other home, on Van Zile Road, does not have a certificate of occupancy, she said.

"There is an application for a CO, but it has failed inspections twice so the CO is pending," she said. That means the house cannot be legally occupied.

"Should the code enforcement officer observe tenants living there in the meantime, he can issue a violation for renting without a CO," Bergin said.

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