Around this time last year, dozens of local residents gathered at a hearing of the Hempstead Town Board of Zoning Appeals (BZA) to discuss their opposition regarding a possible church construction on the North Village Green in Levittown. The issue at hand was whether or not the BZA should grant a variance allowing the St. Thomas Malankara Orthodox Church to provide off-street parking for its membership. Two weeks later, the board announced its decision to not grant the variance. Last month, the NYS Supreme Court reversed the BZA's decision. Now the BZA is looking to once again have it reversed.

According to Hempstead Town Supervisor Kate Murray, the BZA, which is autonomous from the Hempstead Town Board, plans to appeal the Supreme Court's decision in Appellate Court, the highest court in New York State.

"The board of zoning appeals originally made its decision - sided with the residents - saying that there should be no off-street parking," Murray explained. "The St. Thomas Malankara Orthodox Church appealed that BZA decision through an article 78 proceeding in Supreme Court, the challenge to governmental action and the Supreme Court reversed the board of zoning appeals' decision. The evidentiary standard on Article 78 is whether the decision was arbitrary and capricious."

Murray noted that she completely disagrees that the board's decision was at all arbitrary and capricious.

"That standard kind of speaks to the idea that there's a total lack of evidence that the BZA had to make that decision," she said. "I disagree with the [court's] decision and I'm glad that the board of zoning appeals is going to appeal. I'm pleased with the BZA's actions. Their decisions and actions are completely separate and apart from the town board - but I certainly applaud their actions thus far."

The supervisor explained that now the case will go up to the appellate division. It will probably take a number of months, as appeals often do, for the appeal to be written and heard.

"The board of zoning appeals is, as it originally was, concerned about the level of passion and opposition amongst the neighbors in the area," Murray said. "I think that the BZA's decision and actions to this point have been very much driven and responsive to the neighbors, so they continue to aggressively pursue the appeal on behalf of the neighbors."

Based on the evidence, Murray noted that she feels the BZA's original decision was reasoned.

"It was a disappointing decision by the Supreme Court, but I guess that's me speaking as a neighbor and as a community resident," Murray said. "[Town Councilman] Gary Hudes and I are both committed to see this appeal go through because that is really the will of the residents at this time and we hope to have a positive resolution."

Murray and Hudes are not the only ones hoping for a positive resolution. Representatives of the Levittown Property Owners Association (LPOA) have been fighting this battle from the beginning. Last year, they met with the project architect and attorney, in addition to the Very Rev. Mathai Yohannan and four of his parishioners from the church.

While church representatives agreed to meet with community residents and listen to their concerns, no compromises could be reached and many questions were often left unanswered. The issue was brought up again and again throughout the year.

The building at the North Village Green, located at Parkside Drive and Schoolhouse Road/Wolcott Road, has been vacant for a number of years. The church purchased the building and the lot, partially demolished the building and surrounded it with a locked fence. The church approached the BZA when it sought relief from the town's off-street parking requirements, needed variances for 73 parking spaces.

When meeting with church representatives, residents and members of the LPOA had and continue to have many questions, some of which remain unanswered. Residents, especially those who reside near the property, are concerned about traffic, possible asbestos containment in the demolition process, where parishioners will come from (Rev. Yohannan said at a January 2003 meeting of the LPOA that three church members live in Levittown), how the church will benefit the community, why they chose this location and when church activities will take place.

At this meeting, most in attendance generally felt that the village greens were conceived of and built to serve the needs of the taxpaying residents of Levittown, not to draw users from outside the community who are non-taxpayers who use town-maintained parking. Major concerns include the fact that non-residents using the site would increase traffic and density, thereby compromising the qualify of life of surrounding homeowners.

The North Village Green is already the location of two schools, a community pool, a bowling alley and a playground/park. While most residents agreed that something needed to be done with the eyesore, they did not feel this was the answer. Now the destiny of the property is in the hands of the courts.