By Ayala Ben-Yehuda
A lawsuit filed by a group of Baysiders seeking to overturn the city’s approval of a controversial synagogue construction project has been dismissed by a Queens judge, participants in the suit said this week.
The East Bayside Homeowners Association and neighbors living near the Chabad of Northeast Queens, at 26-06 213th St., filed suit in State Supreme Court in Jamaica in November after the Board of Standards and Appeals gave its approval for the construction of a larger house of worship on the site of a small, one-family home.
In a June 11 decision, Judge Charles J. Thomas said the EBHA’s lawsuit, which names the BSA, the Buildings commissioner and the city, had failed to name the Chabad in its complaint.
“It is undisputed that Chabad of NE Queens is a necessary party to this proceeding and is subject to the jurisdiction of this court,” the judge wrote in dismissing the case.
Attorney Patrick Jones, who represented the neighbors and EBHA, would not comment on why Chabad was not originally named in the complaint but vowed to appeal the judge’s decision.
BSA spokesman Pat Pacifico could not be reached for comment, but Chabad’s Rabbi Yossi Blesofsky expressed satisfaction with the dismissal.
“We went through the legal process, we came to the BSA, we modified our original plan … and we are very gratified that this latest obstacle was dismissed,” said Blesofsky. “What we’re doing is for the benefit of the community.”
Chabad sought the zoning variances because plans for its new Yankel Rosenbaum Center at 26-06 213th St. exceeded the height and square footage restrictions for its plot of land, and the planned building was located too close to the 26th Avenue sidewalk.
After Chabad modified its plans to shorten the height of the building from 35.5 to 20.5 feet and reduced its total size from 9,241 to 8,789 square feet, the BSA granted four variances for the construction.
The decision angered neighbors who had long fought the project on the grounds that it was out of character with the neighborhood, would bring congestion and set a precedent for overdevelopment in the area, according to their lawsuit.
Frank Skala, president of the EBHA, said his fellow petitioners would be meeting to discuss their next step.
“On the merits of the case, we want an answer,” said Skala. “It’s not finished.”
Bob Klein, an accountant who lives near the Chabad site and is a plaintiff in the lawsuit, acknowledged that the dismissal was a setback but vowed to press on.
“The neighbors here always thought this would be a long fight and I believe they’ll be willing to stay in it,” said Klein.
The action against the Chabad’s expansion has drawn support from other civic groups such as the Douglaston Civic Association, which pledged $2,000 to support EBHA’s effort.
Meanwhile, Blesofsky said plans to build the Yankel Rosenbaum Center were moving ahead, with soil analysis performed on the site this week.
Reach reporter Ayala Ben-Yehuda by e-mail at Timesledger@aol.com or call 718-229-0300, Ext. 146.
