The decision reached by the Town in this matter is stunning. This is not about the Preservation Commission, which did its job by applying the same criteria that it applies to the property of other demolition permit applicants, regardless of their orientation, in finding the Chabad’s property significant. Instead, it is about the mandate of the Town’s Demolition Delay Bylaw – which, upon a finding of significance by the Commission, triggers a demolition delay. Had the Preservation Commission been presented with some reliable evidence that a demolition delay of several months would substantially burden the Chabad’s religious exercise, it may have been in a position to reconsider the stay. Instead, the Chabad appears to have been granted an outright exemption from the Bylaw, and the Commission never had this opportunity. Admittedly, there may be details that were discussed in executive session that I am not aware of; however, having followed this case closely, I am not aware of any reliable evidence in the public record of the case that would support a finding that the RLUIPA was violated.
Joslin Murphy is a Town Meeting member and former Brookline town counsel.