May One Go To a Zoning Board to Prevent a Shul From Getting a Building Variance? 

Rav Shmuel Honigwachs

Question: A shul is attempting to build in a residential neighborhood and needs a variance in order to be built the way it wants. The neighbors won’t try to stop the shul from being built, of course, but want it to be built in way that it doesn’t use the variance. Can they go to the local zoning board to speak against the variance being granted?

Answer: We spoke in the past about the machlokes between the Bais Yosef and the Maharik wherein the Masharik allows someone to prevent a neighbor from getting a variance, even when Choshen Mishpat permits that type of structure to be built. Many Poskim rule accordingly and allow one to go to a zoning board to oppose the granting of a variance. With regard to a shul, however, there is an added level of complexity since the chochomim gave a special dispensation for a shul to be built even in a case where halacha would permit someone to prevent another business from opening. This leads the Acharonim to question if the Maharik’s opinion could be applied to prevent a shul from obtaining a variance.   

My rebbi, Rav Shlomo Miller told me that even though al pi din we can’t stop a person from speaking against granting a variance to a shul at a zoning board meeting, it is still a very bad idea and very misguided thing to do because if a person tries to prevent a shul from opening in the way it wants to open, it could be a big kitrug on that person. So, it is better to avoid it.