To allow time for a safety inspection, a judge on Friday put a
temporary restraining order on a condominium that had been converted
into a synagogue in a senior community. The decision seemed only to
delay a resolution of the controversy that has pitted residents against
one another for more than a year.
Superior Court Judge Frank A.
Buczynski Jr. ordered the Orthodox Jewish prayer gatherings to halt at
the one-story home in A Country Place until an independent engineer
determines the dwelling, which has undergone major renovations, is
safe. Of particular concern, Buczynski noted, was whether a wall that
had been removed was one that supported other parts of the house. The
postponement will likely last into July.
"If a bearing wall were removed, I can assure you there'd be a restraint in 30 seconds," the judge said.
A
Country Place filed a lawsuit in February against the condo owner, Anna
Kahan, saying she violated the private community's bylaws by renovating
without permission and using the unit for reasons other than
residential.
Kahan's attorney, Gary Theodore, described the
residence on Azalea Court as not an official synagogue but a private
"prayer group" for mainly elderly handicapped residents who can't walk
to another temple.
He has accused the condominium association of
selective enforcement and mixed messages. A former association
president said at a past meeting not to bother seeking board permission
for interior renovations, according to Theodore.
"The way they
interpret (the bylaws) is ridiculous," he said. The attorney for A
Country Place, Martin Crevina, could not be reached for comment
following the hearing.
Each side has charged the other with
disruption, ranging from trespassing on lawns to dog attacks. Some
people say the makeshift synagogue has decreased property values.
Theodore said he will have a real estate agent testify at the next
court hearing that the values have either stayed the same or improved.
About
50 to 85 of the community's 376 units are owned by Orthodox residents,
with the number increasing recently with several purchases, according
to Theodore. The attorney pointed to this population rise as an
underlying reason for some of the concern about the ad hoc synagogue.
"Lakewood
is showing a change in demographics and composition of owners and
developers with the introduction of the yeshiva," Theodore said after
Friday's hearing, referring to the Beth Medrash Gevoha, one of the
country's largest yeshiva universities. "A lot of people fear change."
But
the people objecting to the converted condo say their motives mostly
lie in protecting quality of life. Crevina told the judge that the
gathering "violates the character" of the neighborhood.
At least
one Orthodox resident disagrees with the condo operators' tactics.
Rabbi Martin Boas said he was pressured by what he called a
"manipulated" Beth Medrash Gevoha dean to refrain from submitting a
critical letter to the association's board. In a subsequent letter
addressed to the board, however, he wrote: "It is not the existence of
a synagogue per se that rankles me. It is the underhanded fashion by
which it was done."
Kahan lives in Brooklyn and only occasionally
visits the Lakewood condo, people from both sides of the case said.
Theodore said the 91-year-old does sometimes stay there — a cot remains
in a front room — and pointed out many residents use their condos as
summer or weekend homes.
While not ruling on the issue, Buczynski
did offer some comments. He called the situation of living in an open
room with a Torah ark "highly unusual," but added that "if someone
wanted to invite and gather people to a home to pray, certainly there's
no prohibition in that, correct?"
Theodore said after the hearing
that an alternative approach would be to call a special meeting with
the association and vote on changing the bylaws. The bylaws state that
signatures from a third of the residents are needed to call such a
meeting.(ap)
Recommend this article... |