Three years of public hearings regarding the proposal of Chabad of Great Neck to construct a sanctuary, school and community center on an eight-acre slice of land in the Village of Kings Point, abutting 10 residences on East Shore Road, has resulted in a drastically reduced building plan that was unveiled on Jan. 26 at the continued hearing. Along with a reduction from the 87,000 square foot building plan originally proposed to a more modest 23,500 square foot plan, additional concessions, contained in a nine-page proposed document of covenants and restrictions between the Chabad and the village, were distributed. The new plan would also not request a variance to exceed height restrictions.

Village residents were not mollified by the new proposal and Chabad's promises to ameliorate traffic, parking, environmental, and noise concerns that have been strenuously expressed over the years during the hearing process. The board of trustees listened to angry, frustrated residents for over two hours and adjourned the hearing without taking action.

Although expecting the village to accept the Final Environmental Impact Statement (FEIS) that evening, attorney for the Chabad, Peter Mineo was sanguine saying that it would only result in a one-month delay in the process.

While sympathizing with the concerns of the residents, Mayor Michael Kalnich repeatedly explained that the village cannot outright refuse the application because the Religious Land Use law, passed at the end of President Clinton's term, severely restricts municipalities from applying zoning codes to religious institutions. Some residents proposed that the village purchase the land from Chabad so that they could find a more "appropriate location such as the old Waldbaum's property." But Mayor Kalnich reminded them that such a plan requires a willing seller and that such an action would set a costly precedent.

In the concessions offered, the Chabad would expressly not request a use change or expansion for a period of five years after the certificate of occupancy was granted. While residents scoffed at this offer as gaining a "foothold," attorney for the village, Steven Limmer, stated that under zoning laws, it is the right of an applicant to reapply at any time. However, such a request would trigger a requirement for a new and full environmental impact study.

In prior meetings, residents have adamantly complained about congregants parking in the neighborhood choking the narrow streets and presenting an obstacle to emergency vehicles. Under the proposed covenant document, the Chabad would not restrict access to the 126 parking spaces on the west side of the property on the Sabbath.

Addressing the concerns of noise, the Chabad would restrict the size of parties such as weddings and bar/bat mitzvahs to 226 persons and would require that they end by midnight. The residents attending met this promise with skepticism. Several people pointed out that parties in the summer would not begin before sunset, leaving scant time for celebration if a midnight curfew were observed. One woman challenged the board to enforce such a limitation and noted that the cost of a summons would simply be factored into the cost of the party. Mayor Kalnich said that of this restriction was not adhered to, the village could seek an injunction.

During the High Holy Days, the occupancy of the building would be limited to 425 attendees. The use of tents or outdoor canopies would be limited to the period of observation during Succah and L'Ag B'Omer.

The covenant document also states that the Chabad will make "reasonable attempts to educate its members on safe pedestrian measures" due to concerns raised about congregants walking abreast in the street in areas where there are no sidewalks.

Mayor Kalnick encouraged residents to stay involved in the entire process, as eventually the proposal will go before the Architectural Review Board. At that time, there will be an opportunity for community input to require landscaping to ensure adequate screening and placement of outdoor lighting to avoid light pollution.

One resident, whose property is adjacent to the site, complained that Chabad is an inconsiderate neighbor already with an overflowing garbage receptacle close to her property line. "I see rats there all the time," she said. Mayor Kalnick advised her to report any such condition to the village and Peter Mineo spoke on behalf of his client saying, "There's no excuse for that and it will be addressed immediately."

When a resident insistently asked once more why the village board could not just say, "No," Mr. Limmer replied that from a practical standpoint, the village would be taken to court and that the Chabad would likely sue for its original proposal. "To ignore the practical reality would be a mistake," he said.