You are on page 1of 8

P A R T I

This is an investigative report that will appear in two parts. This part focuses on the story
behind the efforts of Kiryas Joel to build a water pipeline and Orange County’s efforts to
stop it. The second article, which will be published after Pesach, will examine disputes other
than the case of Kiryas Joel, involving zoning laws and ordinances which impede the
building of shuls, the setting up of eruvs, and the development of yeshivos, dormitories, and
bikur cholim apartments.
By Eli Simon

6 H a m o d i a M a g a z i n e M a r c h 24 , 2 010
very now and then you hear about anti-Semitism in America. A swastika painted on a row of cars. A dirty look, a spit
E on the ground, a vehement curse aimed directly at the Jews. It hurts, but you move on because you attribute it to a
loner who seeks attention or a lunatic who has grandiose ideas about becoming a Ku Klux Klan member.
We live in a country in which civil rights are sacrosanct, a country filled with freedom and opportunity, a country that
does not tolerate institutionalized anti-Semitism. But at times, isolated bigots have a way of seriously affecting the life
of an Orthodox Jew. These bigots know they can’t maim or injure you, but they realize that they can gather enough
momentum to enact laws and local ordinances that can harass, intimidate, and financially drain you.
Fortunately, segregation and designated ghettos are outlawed today; aside from civil rights laws, minorities in
America are expected to assimilate and aspire to live the American dream. For the average white American, that dream
is to move to a sprawling house in the suburbs with a swimming pool, a state-of-the-art grill, a two-acre yard, and a
three-car garage. However, not everyone living in the idyllic setting of suburbia shares that goal. And when aspirations
are different, there is a culture clash that is explosive at best and ugly at worst.

The Growth of Kiryas Joel its growth and see it as an encroachment have large families. Much of their housing
Travel seventy miles north of New that must be stopped. is apartments or townhouses, multiple-
York City to the Village of Kiryas Joel “The dynamic growth rate has pretty family housing akin to that of more urban
(“KJ”), built in 1974, by the Satmar Rebbe much spooked the surrounding areas. Even worse, they are politically
Grand Rabbi Joel Teitelbaum, zt”l. KJ communities,” said David Church, the astute and powerful, and are not afraid to
began with fourteen Satmar families and planning commissioner of Orange use this power. And worst of all, they
currently houses approximately 22,000 County. What the typical KJ neighbor is want their village to grow to
residents, all living within a 1.1-square “spooked” about is that before he knows accommodate more people. And these are
mile area. it, chassidim may be living next door to sins?”
Abraham Wieder has been KJ’s mayor him in a multi-unit complex, causing his In the same vein, Peter Applebome of
since 1990, and Gedalye Szegedin has property value to fall. There are several The New York Times writes, “Watching the
been the village administrator and clerk layers of fear in that statement: the fear events unfold here doesn’t leave a clear
since 1991. Both Mayor Wieder and that KJ’s growth will destroy the area’s picture of how much of the hysteria has to
Gedalye Szegedin are key figures in the rural character; the fear that the do with growth and land use and how
village’s development. Kiryas Joel is in neighboring homes will decrease in value; much has to do with who is growing and
the Town of Monroe, and both the Town and the fear that the chassidim will be using the land.”
of Monroe and the Village of KJ are under their next-door neighbors. One can understand the residents’
the jurisdiction of Orange County. Most “I will grant there are substantial and desire to maintain the character and value
of the villages in Orange County are legitimate growth and development of the place. But when communities
smaller than KJ in population but larger issues,” said Douglas Cunningham, an engage in an all-out war that even the
in area. editor for the Times Herald-Record, in an Times Herald-Record, the county’s main
While KJ’s accelerating growth is a opinion piece. “But I think there is anti- regional newspaper, describes as “troops
testament to Jewish resilience and Semitism at work too. It is apparently easy amassing” in a “battle,” there must be
entrepreneurship, many of the people of to dislike those who live in Kiryas Joel. something other than a fierce attachment
South Orange County, who live in the They dress differently. They have little to the rural landscape that is at stake. And
villages and towns surrounding KJ, resent interaction with other communities. They that is anti-Orthodox sentiment.

The multi-dwelling complexes of Kiryas Yoel


that Orange County residents oppose.

H a m o d i a M a g a z i n e 9 N i s a n 577 0 7
The Stalling Process supply to death, as well as its neighbors … get emotional. My answer to you [as to the
KJ’s neighbors know that there is no No oxygen, no fuel equals no fire.” sewer plant] now and forever is no.”
way they can control its growth, and they Ironically, McLaughlin wrote this letter Despite many obstacles, KJ was
also know that they can’t control its to the Times Herald-Record to explain why subsequently able to construct its plant
zoning laws since a village has the he is not an anti-Semite. However, his and share it with the other towns and
ultimate power to decide what type of virulent tirade suggested just the villages in the county, but McLaughlin, in
property can be built within its opposite. As a legislator, he was able to 1995, essentially had already conveyed his
boundaries. But community leaders such influence Orange County voters to the aversion to a “theocentric” village called
as the late Spencer McLaughlin, an extent that residents who weren’t decided Kiryas Joel.
Orange County legislator and a former one way or another joined in the county’s
deputy executive director of the New mighty efforts to stop KJ’s water supply. The Pipeline, the Hearings,
York City Human Rights Commission, McLaughlin had a history of trying to and the Ruckus
realized that the growth of KJ could be stifle KJ’s growth. In 1995 he was the In 1999, Orange County experienced a
stunted by cutting off its water supply chairman of the County Sewer Committee severe drought when its exclusive source
and sewage treatment. and tried to prevent the construction of a of water, groundwater wells, began to dry
You would think that an inflammatory desperately needed sewage facility. up. In New York City people have no
idea such as depriving a community of Without more sewage treatment, new concept of what it means to have no
water to squash its growth would be kept housing couldn’t be approved, and as a water, but communities in upstate New
private. On the contrary, in an opinion result, KJ was suffering from a housing York have to contend with this issue often.
piece in the Times Herald-Record, Spencer crisis. In response, the village innovatively It is especially difficult before Yom Tov,
McLaughlin, declared: “The village has proposed to build its own sewage plant. when KJ, at times, has had to truck in
become a Goliath in our midst and to McLaughlin was “adamantly opposed” to water.
continue to grow, the community needs the construction of a plant, calling it a Environmental studies have shown
raw land and enough water. Just about “theocentric sewer plant.” Once again, that one of the main reasons groundwater
built out—even under that village’s non- McLaughlin wrote furiously to Roberta wells dry up is the accumulation of
zoned, multi-storied, downtown Brooklyn Murphy, a county legislator: minerals in the wells’ veins. Yet Michael
mentality—it’s like a fire that has burned “To tell me and my neighbors that I not Amo, an Orange County legislator,
itself out, consuming the combustible fuel only have to stand by and watch our recalled that “the villages were quick to
of open space and environmentally communities being eaten up but have to blame KJ.” Of course, it was KJ’s highly
necessary oxygen. Kiryas Joel’s oxygen is help pay for the building of a theocentric dense population that was sapping the
water, and there’s just no more left for the sewer plant which water out of the
village to suck out of the ground. The will help the wells, leaving the
village has suckled its underground process occur, I do rest of the county
with nothing.
(Right) Map of the proposed pipeline route
Subsequently,
(Below) The proposed pipeline.
the Orange County
Water Authority
found that it was
not KJ’s fault. On
the contrary, while
an individual in KJ
uses fifty gallons of
water per person
Photo Credit/Times Herald-Record

per day, a typical


resident of Orange
County uses eighty
gallons a day, a
number that
reflects the fact that
KJ’s neighbors
need more water
for their pools and large lawns.
Regardless of where the blame lies for

8 H a m o d i a M a g a z i n e M a r c h 24 , 2 010
the water shortage, the Water Authority from what I see as economic terrorism.” Review Act), a law that required KJ to
urged the county to find alternate sources Had the neighboring municipalities review the impact the proposed pipeline
for water because the wells were bound to been practical, they would have would have on the environment. KJ did
lose even more capacity over time. The welcomed the idea of the pipeline, or at complete an Environmental Impact
single legislative entity that found a the very least realized that once all the Statement but the county believed that it
solution to this problem was KJ. procedural matters were cleared, there was not sufficient because, among other
In 2000, KJ proposed building a was really not much they could do to points, it did not address the issue of
thirteen-mile linear transmission pipeline prevent its installation. sewage. According to the county, it could
between the village and the Additionally, any lawyer— not handle an increase in KJ’s water
aqueduct in New Windsor, and there are a quite a few supply because the county did not have
to tap into New York who reside in the county adequate sewage facilities to drain the
City’s Catskill —would know that the influx of water.
Aqueduct. KJ and effort to block growth Spencer McLaughlin wasn’t the only
municipalities in by stalling the water leader in this flurry of litigation. Meet
Orange County are project was futile. Charlie Bohan, the Town of Blooming
statutorily permitted The Equal Protection Grove’s supervisor, a former New York
to tap into New York Clause of the United City firefighter, a father, a grandfather,
City’s water supply. States Constitution is and a community activist. Bohan is also a
Gedalye Szegedin, often evoked when a man who has no misgivings and makes
an innovative and government entity treats no effort to hide his views. According to
forward-thinking leader in one group differently from the Time Herald-Record, he has called the
A banner protesting the
KJ and the mastermind other groups, and in this Orthodox Jewish leadership of KJ
pipeline
and architect of the plan, instance, other towns in “cheats” and “liars,” and he sent a letter
thought the pipeline was a panacea, a Orange County, such as Newburgh, New to Orange County legislators calling KJ a
resolution that would benefit the entire Windsor, and the Village of Cornwall-on- “radical splinter of Judaism.”
county. After all, KJ would stop using Hudson, had already tapped into the
(Right) Supervisor
groundwater wells as its source for water, aqueduct. The only thing opponents of Charles Bohan
and more water would be available in the the pipeline could do was stall the project (Below) A letter from
aquifer for KJ’s neighbors. It seemed like in the hope that KJ would give up its plan. Charles Bohan to the
an ideal plan. And stall they did. County Legislator
Nonetheless, what seemed to be a
good idea turned into a difficult legal McLaughlin and Company
battle. During public hearings, Not everyone opposed the
participants fiercely opposed the pipeline pipeline, but a few hotheaded
because that would mean the county was anti-Semitic legislators were
endorsing KJ’s growth when Orange able to ignite the crowd,
County residents were thinking of ways creating a fiery opposition.
to shrink it. At the first hearing, the Orange County legislators were
atmosphere in the room was charged. now faced with angry
Robert Lawrence of the Hudson Valley constituents who were bent on
Realty Group described the hearing “as stopping the pipeline. And like
crammed with people, many holding big many politicians influenced by
signs with the words ‘Down with the their constituents’ demands,
Pipeline.’” the leaders of the legislative
Moreover, he recalled, “When I tried to body acquiesced.
defend KJ’s pipeline proposal on the Just when KJ thought that
podium, a legislator pointed her finger at Orange County would agree
me and in front of everyone said, ‘You to the proposal, Orange
cannot be trusted because you do County sued KJ in New York
business with the rest of them.’ Not only State Court. The county
that, but at one of the subsequent argued that KJ did not
hearings, I was literally shoved and comply with SEQRA (the
knocked down when I defended the Jews State Environmental Quality

H a m o d i a M a g a z i n e 9 N i s a n 577 0 9
In that same letter, Bohan went so far as with ACID so they all shrivel up and an issue brewing, my friends and I are
to claim that KJ residents would use all of burn from the inside out. Rotten rotten afraid to go out to the shopping centers
the county’s water because they “refuse to people they are.” at night because you feel the hatred in
close the tap from Friday through “They don’t need water, they don’t the air.”
Saturday,” and he warned that he would shower (hint, they stink). I am tired of Another resident describes “feeling
not “condone a parasite community looking at their curls—someone should terrorized. We get spit on at the gas
tearing up local roads, be they state, cut them.” station and I get cursed at.” It may be a
county, or town, in order to facilitate a “The Hassidics [sic] have a track few rabble-rousers, but they are leaving
community who constantly cry record for being con artists, scammers, a significant mark.
persecution as they bury the landscape.” thieves and generally filthy people ... we A Brooklyn resident described her
After the Times Herald-Record should drive them back to Brooklyn.” attempts to find the community of KJ. In
reprimanded Bohan for his attack on KJ, Aside from these blatant examples of response to her asking for directions, the
Bohan accused the village of anti-Semitism, there were numerous people at the area’s gas stations and
“threatening to smother the diverse instances of subtle anti-Orthodox convenience stores said they never
lifestyle of the region.” sentiment. One news reporter recalled heard of the village . "It was as though to
In January 2010 Charlie Bohan retired an Orange County legislator giving him them KJ did not exist at all. The minute I
from his position as Blooming Grove a tour of KJ. He said he cringed when he mentioned KJ, they just said, ‘Sorry, I
Supervisor after four consecutive terms. heard the legislator describing KJ don't know,' and that is where the
In reaction to Bohan’s departure, residents as “those people,” as though conversation ended.
Michele Murphy, an activist in the area, they were a group he generally wouldn’t “Later, when I finally found the place,
told the Times Herald-Record, “There deign to discuss. Another legislator I realized that it was impossible that they
were two sides to it; some people recalled a colleague introducing him to didn't know that KJ was just a mile up
thought of him as a racist, but others KJ as “though they were poor little the road."
[claimed that] he says exactly what urchins who were to be pitied—little did There might only be a few rabble-
everybody feels but are too afraid to I know how far that was from the truth.” rousers, but the general negative attitude
say.” is transmitted by too many others.
Actually, some aren’t so afraid to The Aftereffects
speak as long as they remain There has been no poll on how many The Courts’ Rulings
anonymous. An online petition posted Orange County residents dislike Jews. The New York State Supreme Court
by the Concerned Citizens of Blooming Regardless of numbers, KJ residents feel ruled that KJ had to do more research on
Grove generated comments such as the anti-Semitism in a very real, concrete the environmental impact the proposed
following: way. One woman, who lives in KJ and pipeline would have on the
“You are pushing the tolerance of non- wishes to remain anonymous, says that environment; the main issue was how
Jews to the limit. Beware of the when she waits on line in Wal-Mart, “I sewage would be affected by the
consequences [emphasis in original]!” get dirty looks, and they will begin increased use of water. KJ appealed the
“Enough with these people.” talking right in front of my face about decision to the New York State Appellate
“If this project does get approved, I how the area is changing. It’s as though I Division, which accepted KJ’s first
will personally contaminate the pipeline am invisible. When there is a hearing or environmental review but ordered the

The Village of Kiryas Joel’s current


sewage plant

10 H a m o d i a M a g a z i n e M a r c h 24 , 2 010
village to amend it with more research responsible. KJ won the lawsuit, and the The Incorporation of Villages
on the issue of sewage. State Supreme Court enjoined the county Another tactic in the plan to stop KJ’s
When KJ could not build the pipeline, from the sale of any sewage capacity to growth was the incorporation of villages.
residents of South Orange County were municipalities outside Sewer District I, To understand the process and the reason
thrilled. They believed that this was the including Woodbury. for the incorporation of villages, one must
first step in stopping KJ’s rapid growth. That left Orange County in a bind. On understand the provision of New York
Indeed, Jonathan Swiller, of SOCA, the the one hand, the injunction became a Municipal Home Rule Law. Under New
Southern Orange County Alliance, serious financial drain, because the county York law, villages are granted broad
whose motto was “Not One Inch” (for could not sell sewage capacity to powers enabling them to adopt zoning
KJ), remarked that the Appellate prospective realtors who wanted laws, provide services to their residents,
Division decision was a “gift and regulate the quality of
from the late Spencer life in their jurisdictions. If
McLaughlin … to make sure five hundred people living in
that the rules are followed and close proximity in a town
to protect the environment.” join forces and sign a petition
for incorporation as a village,
The Plan That Didn’t Work they may be able to restrict
When KJ studied the effects who they want residing in
of the pipeline on the sewage their vicinity.
plant, it learned that Orange In 2004, in the midst of all
County’s sense of victory the pipeline debates, the local
would be short-lived. In 1999, media created panic among
in a case brought by Orange Southern Orange County
Environment, the Federal residents by proclaiming in
Court ordered the county to big, bold headlines,
expand its sewage facilities “ANOTHER KJ IN THE
located in Harriman because MAKING.” One would have
the county is legally mandated thought that a homeless
to provide adequate sewage shelter or prison was going to
facilities to Sewer District I. be built next door to their
This district is comprised of the sprawling rural enclaves. That
Town of Monroe and the three wasn’t the case; it was a notice
villages in Monroe — to the towns that surround KJ,
Harriman, Monroe, and KJ. Blooming Grove, and
In accordance with that Woodbury that the chassidim
decision, the county agreed to A newspaper headline incites local residents were infiltrating.
a $26-million expansion of the People panicked. Residents
sewage plant. However, instead of adequate services for their developments. of the Town of Woodbury, by a ratio of
ensuring that all communities in Sewer Woodbury was also suffering because three to one, voted to incorporate almost
District I would receive adequate sewage although it had an adequate water supply, all of the Town of Woodbury into a
treatment, the county went ahead and it did not have enough sewage capacity village. Only a month and a half before
sold capacity in the sewer plant to and could not obtain more. On the other Woodbury became a village, South
Moodna communities—areas outside hand, lifting the injunction would mean Blooming Grove was incorporated as a
Sewer District I. The county thought it that it would have to allow KJ to go ahead village as well. This meant that a large
could have it both ways—increase its with the water proposal. group of residents thought the additional
sewage facilities and sell parts of them, For about two years, the county layer of village taxes, other than the town
while withholding space from KJ. It could refused to budge from its self-defeating and county taxes they were already
not. position. The county was stuck on the paying, was well worth the effort of
KJ sued the county, arguing that the notion that somehow KJ’s lack of water ensuring that KJ would not grow. As one
county could not maintain that there and sewage would actually get its woman explained to the Times Herald-
wasn’t enough sewage capacity for KJ in residents to pack their bags and leave, or Record, “I’m not supposed to say it, I
its facility when it was selling off space to at least force newly married couples to guess, but [it’s] the overrunning of
communities for whom it was not move back to Brooklyn. Hassidic Jews.”

H a m o d i a M a g a z i n e 9 N i s a n 577 0 11
Clearly, this was an all-out war against One KJ resident asked, “So we have a
the residents of KJ. What is so unfortunate
about this needless battle is that a village
But why are settlement. But why are we being treated
like second-class citizens? Are we taking
can’t really stop the expansion of a anything away from anybody? Why don’t
neighboring village. It can delay, it can
stall; but at the end of the day, the judicial
we being like they just leave us alone?”

system is meant to restore balance and “Why Don’t They Leave Us Alone?”
justice in the system, and the expansion
will take place one way or another. second class There is an array of answers to this
question. Speak to a resident of South
Orange County and you will hear that KJ
is congesting the area with traffic; that it
The Settlement
The court’s decision in the Harriman
sewage facility case, hurt the county
citizens? does not contribute economically because
it has its own stores; that it is creating a
deeply. After all, it couldn’t sell its extra city in a rural area.
sewage rights, as per the The notion that KJ’s
court order and, it couldn’t growth has caused an
finalize the sale of a 258- increase in traffic is untrue.
acre Camp La Guardia Actually, from the
property to a developer perspective of land
whose plans depended on planners and
receiving sewage treatment environmentalists, the
from the Harriman plant. village of KJ is preferred
Meanwhile, KJ could not because it has a dense
proceed with efforts to stop population living within a
the water shortage, and it small area and it is
was wasting valuable time. pedestrian-focused. KJ is a
Yet Southern Orange community in which only
County residents were not 1,500 of the 22,000 residents
giving up, and support drive and most people get
grew for another lawsuit around on foot. Although
against KJ’s pipeline plans. traffic in South Orange
Once again, at public County has increased, that
hearings many spoke of the KJ’s two water tanks (when under construction), which aid the groundwater wells in is attributable to the
impact the pipeline would dealing with peak and off-peak demand. revitalized shopping
have on growth in KJ and centers, such as Woodbury
complained of KJ’s political clout and its Orange County agreed to provide KJ with Common and Wal-Mart. David Church,
success in securing public grants. Even sewage services that would accommodate Orange County’s planning commissioner,
though the village issued an “amended the influx of water from the proposed notes that KJ “is environmentally superior
findings statement” in March to move the pipeline, and KJ agreed to prepare a to the sprawl that surrounds it.”
proposal along, the county found that the county-approved protocol for the Regarding the argument that KJ does
amended findings did not comply with management of construction along not contribute economically to the
the environmental review law. On July 30, roadways during the installation of the neighboring communities, Ari Felberman,
2009, Orange County sued again. pipeline. Everything was right back to the Kiryas Joel government relations
About six weeks later, despite the where it had all started in 2000—except coordinator, points out that a large
ensuing litigation, county leaders began to that the county had frittered away time percentage of staff members at KJ’s health-
negotiate a settlement. It is not particularly and taxpayers’ money, with absolutely care centers and special-education schools
clear what precipitated this change when nothing to show for it. As of now, the are drawn from the surrounding villages.
the settlement should have occurred long battle is over and the county cannot claim While KJ has its own stores, most of them
before. It could have been the inability to victory. cater specifically to the culturally sensitive
sell Camp La Guardia because of the One would think that upon hearing of needs of the community; it has kosher
property's lack of sewage, and the the settlement, KJ residents would be supermarkets, hardware stores with
ensuing financial strain. ecstatic. They are not—because they are mikva’os, and toy stores that don’t carry
Whatever it was, on February 21, 2010, exhausted. the latest icon dolls. Moreover, KJ

12 H a m o d i a M a g a z i n e M a r c h 24 , 2 010
residents do not hesitate to shop in stores from many other urban-like developments hate KJ for it.
and markets in Southern Orange County. growing in rural areas. Douglas Cunningham, in his column
They are, and always have been, good Nonetheless, South Orange County is in the Times Herald-Record, excoriated the
customers. blind to that. residents of Southern Orange County,
Then there is the issue of KJ destroying writing that what they want KJ to do is
the rural quality of the town. The residents Lessons to Be Learned “stay within Kiryas Joel, abandon all
who are concerned about this argue that Michael Amo has urged neighboring thoughts of growth or movement, and
they are not anti-Semites. Indeed, one towns to learn from KJ. The attitude that willingly accept the barbed wire the rest
resident who wished to remain anything KJ does must be stopped at all of us ever-so-tolerant citizens will string
anonymous pointed out that all her best costs is a mentality that is self- around the outside. November 1938,
friends are Jewish but that didn’t change destructive. anyone?”
the fact that KJ “was going to make Kiryas Joel is based on “90% hard We have a democratic system that is
Woodbury look like Brooklyn and work and brains,” says Amo. He referred doing its very best to ensure that 1938
devalue a house I put a lot of money into.” to KJ’s hiring of seventy people during will not happen here in the United States.
However, this trend isn’t specific to the 2000 Census to make sure that all But the judicial process is exhausting and
Orange County alone. The urbanization of residents of KJ would fill out their forms. anti-Semitism is humiliating. “[KJ has]
suburbs is a process that has occurred Based on the information in the census, built a beautiful community,” said
throughout the United States. In fact, KJ received grants for the creation of former congressman Benjamin Gilman,
Newburgh, in Orange County, the same state-of-the-art health-care facilities, who represented KJ for twenty-six years
county that criticizes KJ, is a city in the security, sidewalks, and public and remembers it as a very small village
midst of a very rural area. It is a process transportation. Indeed, there are when it was incorporated in 1977.
that cannot be legally reversed or choked. neighboring residents who use KJ’s After all that hard work, KJ residents
Unlike the typical city, KJ has an almost Hatzolah and health-care facilities have no plans to leave. The hope is that
nonexistent crime rate. It does not use because they know how quick and even though there will always be those
taxpayer funds but rather supports its sophisticated their medical services are. who hate Jews, for the most part, KJ and
own education system, and it pays annual Some neighboring communities its neighbors will figure out a way of co-
property taxes in excess of a million wonder why they didn’t receive the existing, as long as there is a “good fence”
dollars to the Town of Monroe. The village grants. Amo says the simple answer is between them—because, as they say,
is a far cry from Brooklyn and a far cry “because they didn’t apply.” Still, many good fences makes good neighbors. ❚ M

Aishes Chayil Women’s Relief Center in KJ.

H a m o d i a M a g a z i n e 9 N i s a n 577 0 13

You might also like