Synagogue, city at odds over parking
Temple officials charge 'bigotry,' will fight ruling
The vote may be over but the fight is just beginning.
Citing what it terms "a pernicious act of religious bigotry," a Dedham Street Orthodox synagogue, in a press release, has vowed to challenge the Board of Aldermen's Dec. 15 refusal to waive parking restrictions around the temple. The congregation fears that the board decision could ultimately force the synagogue to close.
As of Thursday, city officials had not made any decisions about what actions, if any, they might take about the situation. Likewise, the synagogue had no plans to make changes to their schedule of services.
But the aldermen said the denial of the request of Beth Menachem Chabad for a waiver had nothing to do with religion but stemmed from public safety concerns. The south Newton neighborhood, they said, has traffic congestion and limited parking.
The congregation has not specified what action it plans to take. But Joel M. Sowalsky, a legal adviser for the synagogue, wrote in August to a member of the city's Planning Department that the congregation was legally entitled to a waiver under state and federal laws dealing with religious freedom.
The Dover Amendment, a state statute, and the federal Religious Land Use and Institutionalized Persons Act of 2000 both protect the right to freedom of religious expression, Sowalsky said.
But under both laws, communities have a right to impose reasonable restrictions.
In the wake of last week's vote by the aldermen, some who attend the synagogue are accusing officials in this city -- which has a sizable Jewish community -- of bigotry.
"It's a stupid, cowardly decision, with the aldermen caving in to basically well-disguised and genteel Jewish hatred," said Alan Radding, who occasionally attends services at Beth Menachem Chabad although he belongs to another synagogue, Temple Reyim in Newton. "Is this a public safety issue, or is it hordes of walkers clogging the sidewalks?"
Rabbi Chaim Prus of Beth Menachem Chabad said, "It was quite obvious the people who were against [the waiver] had a much deeper issue than a parking issue, which doesn't exist. You tell me, where should we go that they would be happy? This is really denying freedom of religion and expression for those people who live there."
The city's other Orthodox synagogues, in Newton Centre and Nonantum, are at least 3 miles away.
Alderman Rick Lipof who is Jewish, vehemently denied the board's vote had anything to do with religion.
The synagogue opened in a single-family home at 229 Dedham St. 3 1/2 years ago. Instead of getting the approval of the aldermen to operate, Lipof said, synagogue leaders worked out an informal arrangement with the city's Inspectional Services Department and the Zoning Board of Appeals.
The Inspectional Services Department at some point concluded, however, that the neighborhood didn't have enough parking spaces for worshipers. City officials said 46 spaces were needed.
Synagogue officials sought a waiver and later said that number was too high. They also noted that the city overestimated the number of parking spaces it said Boston College needed to be present when the college announced expansion plans. The college appealed a city ruling to a state appeals court and won.
The number of people attending services has remained stable since the synagogue's founding, said Sowalsky, typically 15 to 25, although high holy days, such as Rosh Hashana and Yom Kippur, might draw 70.
However, neighbors have complained about parking problems since the temple opened. Orthodox Jews are forbidden to drive on the Sabbath, from sundown Friday through sundown Saturday. But Lipof said neighbors contend that some worshipers drive their cars to the area beforehand and park overnight. In some cases, he said, cars that are parked in the front driveway extend onto the sidewalk.
But Radding said that soccer games at Countryside School next door generate more traffic and parking problems.
If the matter ended up in court, Lipof said, he was confident the city would prevail.
"There's no reason Newton can't be the precedent-setting case to show this just isn't right," he said. "This has been the whole problem -- no regard, no respect for the city's position at all. One of the things that really solidified my resolve in going against this was the fact that if you deal with this, you deal with it now."
Alan Kovacs, a neighbor who has lived on Dedham Street for 26 years, said the denial has nothing to do with religious freedom but with limited parking in the immediate vicinity. Countryside School has nearly 500 students and is the city's largest elementary school.
"The city of Newton is known for its tolerance of religious groups," he said. "When we say the city, the city is made up of all of its citizens, including neighbors around Countryside School. This is an accident waiting to happen. Why would you increase the parking burden, the traffic burden?"
