2011-03-10 / Front Page

Chabad heads to mediation

By Sylvie Belmond

The Ventura County Board of Supervisors continued their hearing last week on a request to increase the number of congregants allowed at the Oak Park Chabad in order to give supporters and opponents one more chance to reconcile their differences.

After four hours of testimony and debate, Supervisor Linda Parks, who chairs the board and represents Oak Park, offered to meet with Chabad leaders and residents who live near the neighborhood synagogue in an attempt to mediate an agreement that would be suitable for both parties.

“I know that there are some concerns expressed by both supporters and opponents. . . . What I envision is being able to come back with an agreement that the county, neighborhood and Chabad can accept,” Parks said.

Chabad has operated a synagogue inside a residential home in the 5900 block of Conifer Street since 1994.

Last year, the synagogue asked for permission to increase occupancy from 70 to 145 people for Saturday services and from 10 to 25 people for Sunday morning gatherings at the temple.

The request raised protests from several homeowners who argued that the increased occupancy would bring more traffic and disruption to the neighborhood and set a precedent for more expansions in the future.

In July 2010 the county planning commission rejected the synagogue’s requests to double occupancy. Commissioners also required the religious organization to remove an enclosed patio that had been built behind the home without permission.

Chabad filed an appeal, charging that the 70-person occupancy cap was an attack on its right to worship.

The argument didn’t convince the county planning commission, which in December rejected the claim that the county had infringed on religious freedoms when it denied Chabad of Oak Park’s request to increase occupancy.

At the board of supervisors meeting on March 1, attorney Philip Dunn, who represents Chabad, said the occupancy limit poses a “substantial burden” on the congregation’s religious privileges.

“Many individuals, families and children have been denied access to this Chabad. That is a violation of the free exercise of religion for these people,” Dunn said.

The attorney said a suggestion to move the Chabad to another location is not viable because Orthodox Jews, who are prohibited from driving on the Sabbath, must walk to the temple for their religious services on Fridays and Saturdays.

Rabbi Shlomo Bistritzky, head of Chabad of Oak Park, said opponents have mischaracterized the impacts of the synagogue.

“There are no big crowds disrupting the community,” the rabbi said.

But opponents offered their own arguments.

“ We sympathize with the Chabad, yet I think they have a fair sweetheart deal. . . . Religion is not the issue of the objection,” resident Walter Egeler said. “The issue is that it doesn’t fit into the neighborhood.”

Park said the idea to mediate came to her after Chabad representatives indicated that they might be willing to sign a contract guaranteeing to cap occupancy in perpetuity and waiving their rights to sue the county for alleged religious land use violations if an acceptable agreement is reached.

“It seems to me that we’re close enough that we could all walk away pleased with the decision. Both parties are willing to compromise, which made me hopeful that we could have a peaceful resolution. I think that’s what everybody would like,” Parks said.

“ I really like the idea of nobody suing anybody, and I want to make sure the quality of life isn’t compromised for the neighborhood.”

Chabad leaders said they look forward to a positive resolution.

“ We’re really happy that everyone is willing to come together and try to find a compromise that can work for the whole community so we can put this all behind us,” Bistritzky said.

“If we come to terms that I feel will support the community for the long term, we could potentially come to a settlement to give up our RLUIPA rights,” he said.

RLUIPA is the Religious Land Use and Institutionalized Persons Act of 2000, which provides protection for religious freedom in the context of land use and prisoners.

In May 2010 the Oak Park Municipal Advisory Council recommended a limit of 127 people and a review of the synagogue’s permit every 10 years instead of the 20 years that Chabad requested.

The board of supervisors will reconsider the Chabad matter at 1:30 p.m. Tues., May 3.

“I hope that Linda can find a good compromise that works for both Chabad and the neighbors. We do want to make sure we balance the rights of citizens and the rights of people to practice their religion,” Supervisor Peter Foy said.

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