Lawrence shul given variance approval

The Lawrence Board of Zoning Appeals (BZA) unanimously approved a new variance on Jan. 13 for Congregation Bais Medrash of Harborview's new building under construction that will operate only on the Sabbath and high holidays. However, while the BZA is allowing the synagogue to construct a facility beyond what village code allows, they also sent a message to Bais Medrash officials never to consider trying to operate a 24/7 congregation that requires parking. The variance approved by the Lawrence BZA is for a 23-foot setback from the curb, five feet less than what had been granted by the zoning board in its initial approval for the new synagogue facility in 2005. Synagogue officials requested the variance after determining that they would not be able to build a basement. If the BZA had denied Bais Medrash’s request for these modified plans, the shul would have needed to spend about $400,000 to conform to village standards, according to the synagogue's attorney, Thomas Pantelis.

"The granting of a five foot variance will produce no undesirable change in the character of the neighborhood nor be a determinant to nearby properties," said BZA chairman Lloyd Keilson at the Dec. 13 hearing held at Lawrence Village Country Club.

Keilson is a member of Bais Medrash, but did not recuse himself from deliberations on the synagogue because an independent law firm determined that he did not have a conflict of interest.

"We're pleased with the outcome," said Pantelis moments after the BZA granted the setback variance.

Bais Medrash now operates out of a house at 218 Harborview South while its new facility is being built next door. Its proposal for an even larger facility than initially proposed has drawn strong opposition from residents who live in the vicinity of the Orthodox congregation, who expressed concern that synagogue officials may eventually try to make it a fully operational religious institution that requires parking.

Charles Kovit, an attorney for one of the opposing neighbors, Christine Moushoutasan, said "there is a distinct possibility" that an article 78 proceeding will be brought to try and get the decision overturned by an appellate court. Kovit added that while the variance was still granted he hopes the opposition raised in the hearing will deter Bais Medrash from considering coming back to the BZA to seek turning its new synagogue into a full-time operation that requires parking.

"Our victory was sending the message that the residents are doing everything possible to protect their residential neighborhood," he said.