In recent letters to residents of Toms River, specifically Ward 2 and social media posts and articles, Mayor Daniel Rodrick would like the public to believe that the Civil Action taken by the US Department of Justice was politically orchestrated by former Mayor Maurice Hill; but once again, Daniel Rodrick’s lies when his lips move.
Religious Land Use and Institutionalized Persons Act (RLUIPA) is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
On December 9, 2018, the DOJ initiated an investigation of alleged violations by the Township of Toms River of RLUIPA. The Township cooperated fully with that investigation and following the investigation, the DOJ authorized to file a Complaint in federal district court, and the parties entered into discussions and reached an agreement to terms of a Consent Order. The Consent Order was signed by all parties on March 11, 2021, of which a copy is provided below.
Then Councilman Daniel Rodrick cast the lone “no vote” against the settlement because he said “we should fight the DOJ and not settle,” though counsel stated that without a settlement Toms River Land Use rules could change more and it would be very costly to the residents of Toms River. At that very meeting Booky Kaluszyner, a leader of the Toms River Jewish Community Council, chastised Rodrick for his actions and for calling him out as a lobbyist. At the time it appeared that Kaluszyner and Rodrick were foes, but as all have learned today, they are political allies and possibly friends.
Now Mayor Rodrick is saying he has been advised there is nothing he can do; though he is Mayor! At that time and in recent publications, Rodrick would have the public to believe that the Justice Department was paying no attention to Toms River and that Mayor Hill brought the Justice Department to Toms River and that there was never a Complaint. Mayor Rodrick is delusional and the facts are outlined on the Department of Justice webpage, not Toms River and not any news source. Get educated. Know the facts!
So, since the township accepted the deal with the DOJ, doesn’t our zoning board have every right to deny the requests for variance. Specifically those requests pertaining to residential properties?
We are by far no expert on the matter, but based upon reading the Settlement, there is an allowance provided for 2 acre residential parcels, but any non-compliance with zoning above and beyond requires variances that the Zoning Board does not have to rubber stamp. Just like any application, the applicant will have experts make their argument and the Zoning Board decides. The Settlement allows for the application and approval of 2 acres houses of worship, but the balance of zoning requirements must be adhered to or varied from with approval. With all that said, the Zoning Board needs to follow the Law! Not a legal opinion!