Court ruling favors Harborview shul

A Nassau County Supreme Court ruling has upheld the removal of a restrictive covenant, which will allow a Village of Lawrence shul to operate unrestricted for seven days a week during a one-year trial period that began in July and will be reviewed next summer.
The Bais Medrash of Harborview synagogue, an Orthodox congregation, was permitted to meet only on Shabbos and selected holidays based on its agreement with the Lawrence’s Board of Appeals. Last year, the shul sought to expand its days of operation and build a parking lot on one of the three parcels it owns on Harborview South.
Construction of the 23-stall parking lot was denied, but the Board of Appeals approved the trial period. A group of Lawrence residents who opposed the expanded use then filed a legal action in August. The Article 78 petition claimed that the Board of Appeals lacked the power to consent to conditional permits of limited periods, and because conditions had not changed since the covenant was implemented, there was no reason to alter it now.
Judge Daniel Palmieri rejected those arguments and found that the village code sanctioned the Board of Appeals’ action. “Citing a need to accommodate religious activity under New York law, and the limitations on the synagogue’s ability to offer weekly services, important to orthodox Jewish practices, but also declaring itself unpersuaded by either side’s argument regards the effect on the surrounding neighborhood, [the BOA] granted relief from the restrictive covenant precluding such weekly services for a one-year trial period, to be re-evaluated after the year had passed.”
Uniondale-based lawyer Christian Browne, who represented the residents, said that his clients didn’t want to bring the action, but the anticipated increase in traffic due to the expanded days and hours of operation in a residential area forced the issue.