By Michael Morton
“I'm very, very disappointed and shocked, I must say,” Richard Hellenbrecht, chairman of eastern Queens' Community Board 13, said Tuesday. Although he had not yet read the ruling, he added, “I think the court overstepped its bounds on this one.”The shelter, the Saratoga Interfaith Family Inn on 175-15 Rockaway Blvd., is located within Hellenbrecht's board and hosts 259 families in two old adjacent hotels. When Homes for the Homeless, the non-profit that operates Saratoga, sought to add 91 families in a separate building on the same property, in effect creating the largest shelter in the city, both Board 13 and Borough President Helen Marshall objected.The case went before the city Board of Standards and Appeals, the five-member group appointed by the mayor to rule on zoning disputes, and it voted against the expansion plan in February. Homes for the Homeless challenged the decision in State Supreme Court in Manhattan, and Justice Faviola Soto concluded in the non-profit's favor in a ruling issued in early July and entered in the New York Law Journal last week.In its earlier decision, the BSA found that Homes for the Homeless did not demonstrate that more space was needed at Saratoga despite a standing citywide request from the Department of Homeless Services for more shelter space.But according to a copy of Soto's ruling, Homes for the Homeless argued in court that the board had given in to community pressure and was using the shelter space issue as cover. Soto did not address the claim but said the board had not treated the non-profit in a consistent and fair manner.”However, even assuming (without deciding) that the decision was not based upon community pressure, BSA's findings regarding programmatic needs were arbitrary and capricious,” the judge wrote. Soto deemed that there was indeed a proven need for more shelter space but wrote “the real question is where to build the transitional housing.” He ruled that Saratoga needed to keep its services centralized at the existing site.For CB 13, the problem with Saratoga has always been location. Hellenbrecht and other community members have said 12 shelters with a capacity of more than 1,000 families lie within 5 1/2 miles of Saratoga, leaving the neighborhood oversaturated and handling more than its fair share. The additional residents, board members have said, will only further burden public services and schools. The nearby Carlton House, run by the Salvation Army, is already the largest city shelter, and if the Saratoga expands as planned it would claim that title.”We're very gratified that the court agreed with us,” said Howard Hornstein, the lawyer for Homes for the Homeless. He would not comment on how his client would proceed, but said that to add more families would require a contract from the Department of Homeless Services.The Board of Standards and Appeals has 30 days to appeal the decision. A spokesman said it would not comment on judicial rulings and that a decision on the appeal has not yet been made.Saratoga has not sought a new contract from the Department of Homeless Services. Jim Anderson, a spokesman for the department, said, “it would be inappropriate to pre-judge a proposal before we've seen it. At the same time, it would be fair to say that it would create a very large shelter in a community that already supports a large family shelter, and that's not something we'd look favorably on.”Reach reporter Michael Morton by e-mail at news@timesledger.com or by phone at 718-229-0300, Ext. 154.
