By:Jeff Lipton
A Nassau County Supreme Court judge has ruled that an orthodox synagogue converted from a private house in Cedarhurst about two years ago fails to provide adequate off-street parking to safely operate as a temple and should be denied a variance.
In rendering his decision earlier this month, Judge John W. Burke upheld an Aug. 30, 2000 decision by the Village of Cedarhurst Board of Zoning Appeals to deny the synagogue at West Broadway and Oakland Avenue, known as the "Red Shul," a parking variance. The temple, Bais Yehudah Tzvi, formerly known as Congregation Eitz Chaim, appealed the zoning board's decision to the court, seeking to overturn it on the grounds that it was "arbitrary and capricious" and "an abuse of discretion by the board," violating the congregation's First Amendment rights of freedom of religion.
"Here the circumstances are such that the board cannot craft conditions which would provide off-street parking sufficient to meet the spirit of the village ordinance," the judge wrote in his four-page decision received by the village March 21. "Neither the property itself nor the surrounding area has sufficient open area which could reasonably be used ... for off-street parking."
The congregation requested 161 seats for the temple, requiring 41 off-street parking spaces. The congregation was able to supply only four spaces, including one handicapped spot, and thus sought a variance from the off-street parking requirement because "it can furnish at best only a small fraction of the off-street parking required," the judge wrote.
A traffic engineer retained by the village said the four parking spaces were substandard because they abutted the property line next to the sidewalk, and car doors, when opened, could swing into pedestrians.
Fire department officials testified that Oakland Avenue was narrow, and if congregants parked up and down the block, it would pose a hazard and make it difficult for fire trucks to access the block during an emergency.
The congregation has maintained that because it is an orthodox synagogue, its members are permitted to drive only on weekdays and on two religious holidays and that virtually all of its members live a half-mile to three-quarters of a mile away from the synagogue and walk to religious service. A traffic engineer, who testified on behalf of the congregation, said that activities at the synagogue have drawn between 8 and 14 vehicles, figures disputed by neighbors who said they have witnessed the vehicle count to be much higher. Neighbors also said that area street parking is at a premium and congregants park close to driveways and corners, hampering the visibility for motorists.
Because the congregation fails to provide adequate off-street parking for its members, the synagogue has been operating illegally, said Jerry Levenberg, Cedarhurst Village attorney. But while court proceedings have been ongoing, the congregation cannot keep congregants from meeting there for religious services. Levenberg expects the attorney for the congregation, Tom Pantelis, to appeal the court decision. Pantelis could not be reached for comment.
"If they don't prevail, at some point they are going to have to pack up and leave," Levenberg said. "I would feel terrible about that because they have invested a lot of money in the place."
The village attorney said the temple presents a safety hazard to its own membership, as well as to residents who live nearby.
"The site they chose for this particular facility is not appropriate for that area," Levenberg said. "The village wants to make sure that the safety of the community is preserved, observed and obeyed. If they were in a suitable place, with reasonable parking, it would not be a hazard."
The wood-frame building was purchased by the congregation more than two years ago to use as a house of worship, and the owners then applied to the state to permit public assembly. They applied to the state for variances of the building and fire code, which were granted on Sept. 19, 1999, with 13 conditions. The Nassau County Planning Commission then recommended that the case be turned over to the village for review. It was turned down by the Buildings Department and went to the zoning board.
