North Hempstead has filed an appeal of a Nassau County Supreme Court judge’s decision that overturned the town’s rejection of a site plan filed by the New Hyde Park’s Hillside Islamic Center.
“The issue here is really about the quality of life for local residents and how the town board can best protect it,” North Hempstead spokesperson Umberto Mignardi said. “In that light, our Town Attorney has filed a notice of appeal which allows them some time to explore their options with outside council and then advise the supervisor and board on how best to proceed.”
Judge Erica Prager reversed the North Hempstead Town Board’s decision to deny New Hyde Park’s Hillside Islamic Center’s expansion proposal last month after nearly a year-long court battle challenging the board’s action.
She called the town’s denial “arbitrary and capricious,” according to court documents.
She also said the board also failed to provide suggestions to accommodate the site plan and did not provide reasonable conditions despite the Islamic Center expressing a willingness to cooperate on addressing issues.
While she granted the reversal, Prager denied the Islamic Center’s request to have its legal fees covered.
Hillside Islamic Center Board of Trustees chairman Abdul Aziz Bhuiyan in response to the appeal referred back to the judge’s ruling that the town’s decision was “arbitrary and capricious.” He said the town is drawing out the legal process and burdening the town.
“We feel the town board is neglecting the judge’s decision and the religious rights of the community,” Bhuiyan wrote to Schneps Media Long Island. “In filing their appeal, the town board under the leadership of the supervisor is spending the community’s money against the community as well as burdening our community with unnecessary legal fees. It has been a very expensive and mentally exhausting experience for the community. I pray that the North Hempstead Town Board will realize this and end this legal maneuver at the expense of the community of New Hyde Park.”
The Hillside Islamic Center in New Hyde Park proposed enlarging the existing mosque by building a third story on the two-story structure and increasing the square footage from 5,428 square feet to 6,600 square feet.
The proposal also included expanding the center’s parking lot onto the three surrounding parcels of land, which the mosque purchased, to provide 63 parking spaces. The expansion is intended to provide for its current congregation and ease traffic impacts on the neighborhood, according to court documents.
After more than seven months of contentious public hearings, the Town of North Hempstead voted along party lines in January last year to deny the Hillside Islamic Center’s expansion plan. The site plan proposal did not require any variances and was compliant with the town code.
The town cited a “concern for safety” in rejecting the plan because the center’s Friday services create traffic congestion in the neighborhood.
The town Republicans—Council Members Ed Scott, Dennis Walsh, David Adhami, and Supervisor Jennifer DeSena—said they based their negative vote on concerns for public safety and calls for more action to address the current issues.
Democratic Council Members Robert Troiano and Christine Liu voted to accept the proposal, with Council Member Mariann Dalimonte abstaining.
Neighbors of the Hillside Islamic Center also opposed the proposal, with more than a dozen urging the board to vote “no” on the proposal. Their concerns included illegal parking by mosque congregants and public safety issues.
