BY MICHAEL OLOHAN
OF PASCACK PRESS
MONTVALE, NEW JERSEY —— Noting that the Bergen Rockland Eruv Association has been “extremely accommodating,” Mayor Michael Ghassali told council members Jan. 30 that the association had extended Montvale’s deadline until Feb. 13 to come up with a viable plan to extend an eruv—a religious boundary—into the borough.
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An eruv is an area marked by lechis (PVC pipes) that allows Orthodox Jews to conduct common outdoor activities such as pushing a stroller or carrying car keys on Saturdays (Sabbath) and other Jewish holidays.
The association and five Orthodox Jewish Rockland County residents sued the borough in October for blocking an eruv expansion into Montvale that infringed their rights to “fully and freely” practice their religion.
The Monsey, N.Y.-based eruv association tried to extend a 26-mile eruv from Rockland County into Mahwah, Upper Saddle River and Montvale last summer—with all three towns taking actions to stop the expansion.
Litter violation
Ghassali issued a “stop work” order in July to prevent lechis (PVC pipes marking an eruv boundary) from being installed on local utility poles, saying the eruv markers violated Montvale’s “litter” ordinance.
Over the past month, Montvale’s borough attorney and mayor have been negotiating out of court directly with eruv association representatives to try to settle the litigation.
The council tabled a settlement agreement Jan. 30 after a closed session phone call was made to Rabbi Chaim Steinmetz—who approved a settlement extension to the council’s Feb. 13 meeting—and local officials will continue working with the association to create a path for the eruv.
Due to ongoing litigation, the council twice went into closed session—for approximately 90 minutes—to discuss legal issues related to the lawsuit and declined to release details. No potential costs to implement either planned route being considered were made available.
“We will finish it, absolutely 100 percent certain on Feb. 13,” Ghassali said.
Bradley Lane plan
On Jan. 31, Ghassali said if agreements are not secured from all property owners on Bradley Lane – which borders New York – by Feb. 2, it was likely the council would revert to “Plan B” originally proposed by the association.
The council had been working to accommodate five Orthodox Jewish residents of Rockland County whose homes border Montvale and were part of the lawsuit filed against the borough. That route requires agreements with property owners to allow a pole or fence on their property to continue the eruv boundary and several owners had not been located.
If homeowners cannot be found or decline to allow the eruv installation, a secondary route originally proposed by the association, using utility poles starting on Upper Saddle River Road coming from Upper Saddle River, right on Chestnut Ridge Road, left on Summit Avenue, and all the way to the New York border through Summit Avenue, will be used.
Ghassali said this route—revealed in the mayor’s Dec. 26 email update—would not require any private property easements as the eruv would be located on utility poles on public property.
Several residents on Jan. 30 had advocated an alternate path for the eruv, one that apparently uses less land and runs through their properties on Bradley Lane near the New York border. The eruv would be marked by lechis (PVC pipes) on fence posts that homeowners would permit on their property.
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Getting permissions
The Bradley Lane to Fox Hill Road eruv route would involve getting permissions from several property owners that have not been secured, said Ghassali. It affects approximately eight homeowners on Bradley Lane and uses less land than the originally proposed route.
Lisa Adler, of Bradley Lane, wondered about how the mayor approached property owners for permission while other residents of Bradley Lane and Lark Lane at the meeting suggested alternatives to extend the eruv without needing to secure easements from affected property owners.
Another possible route for the eruv may include parts of Chestnut Ridge Road, Upper Saddle River Road, Fox Hill Road, Lark Lane and Wren Way through Montvale.
‘Not divisive’
“So many [local] people directly impacted are so willing to work with the town and the eruv association to resolve this issue, to stay out of court … we are not divisive; we want everyone to stay out of court and work this out,” said Dina Madonick, of Bradley Lane.
Following a phone call with Rabbi Steinmetz during closed session, the mayor told approximately seven residents at the meeting that time was critical to get a viable eruv extension plan in place.
“The rabbi has been extremely accommodating and helpful, and wants to make it work. We asked for an extension to Feb. 13 to look at all the options,” said Ghassali.
“Between now and then … we will need assistance to get to residents and through this,” he said, referring to residents’ cooperation to permit an eruv on private properties.
“Everyone wants to make this work. That’s what we’re trying to do,” Ghassali added.
Several times, Ghassali mentioned how “comfortable” eruv association members have been negotiating one-on-one with Montvale officials over the last month and said he hoped to conclude negotiations successfully.
Several Bradley Lane and Lark Lane homeowners in attendance—who supported a settlement using their properties—pointed out there would have been more citizens present had the meeting agenda mentioned the eruv.
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BREA on agenda
An item indicating the eruv issue was listed once under “closed/executive session” and cryptically as an acronym, “BREA vs. Borough of Montvale.”
Madonick suggested that the mayor should inform affected residents of all aspects of both plans being considered.
Ghassali said more discussion would occur at a mayor-council town hall forum Jan. 31 though “we can’t talk about numbers or settlements or litigation,” he noted.
The association is also suing Mahwah and Upper Saddle River to expand its eruv through both towns. Under a federal deadline to settle, a split Mahwah Council voted 5-2 to settle its eruv litigation Jan. 30. No details were made available.
Some residents in all three towns have expressed fears that an influx of Orthodox Jews from Rockland County may follow expansion of an eruv into Bergen County, leading to issues with schools, housing and overcrowding.