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Board Approves Ohel Expansion, Demands Reduction of Hours of Operation

The New York City Board of Standards and Appeals approved a zoning variance for the expansion of Ohel Chabad Lubavitch in Queens, over the local community’s opposition. However, the approval is contingent upon several conditions, including the limiting of hours that the gravesite can be accessed by visitors.

From the CityLand law blog:

Congregation Ohel Chabad Lubavitch owns the property at 226-10 Francis Lewis Boulevard, Queens adjacent to the Montefiore Cemetery where the Lubavitch spiritual leader Rebbe Menachem M. Schneerson and his predecessor Rebbe Yosef J. Schneerson are buried. Daily visitors numbering in the several hundreds use the property to access the graves of the Lubavitch leaders.  In 1994 the Congregation purchased the property which comprises five adjacent buildings used by the visitors as a synagogue sanctuary and 24-hour per day access point to the gravesite.

The Congregation applied to the Board of Standards and Appeals for a variance to allow it to legalize and enlarge a synagogue and accessory uses at the property, and to waive the FAR, lot coverage, yard, and parking requirements. The Congregation’s initial application proposed to merge the five homes and legalize the operation of the synagogue and visitor’s center, while also providing accessory uses to visitors including synagogue services, prayer space, and a Shabbos house with overnight transient sleeping accommodations. The Congregation also proposed to connect the cellar, first story, and second story of the five homes, thereby increasing the FAR and lot coverage, and decreasing rear and side yards and parking space requirements, contrary to the existing R2A zoning regulations.

Queens Community Board 13, local City Councilman Leroy Comrie, New York State Assemblywoman Barbara Clark, and the Cambria Heights Civic Association all opposed the variance for the synagogue and visitor’s center, citing concerns about the Congregation’s garbage and litter, visitors’ lack of consideration for the neighbors, the Shabbos house sleeping accommodations, and increased traffic and parking needs.

Heeding the concerns of the community and elected officials, the BSA asked the Congregation to revise its proposal and address excessive bus idling and traffic, poor maintenance of the property, 24-hour use, and other issues. In response, the Congregation agreed to limit overnight sleeping accommodations (Fridays and special holidays) to 65 days a year, reduce the number of Shabbos house beds from 52 to 34, and agreed to ask the Department of Transportation to establish a no-parking zone in front of the property.

The Congregation was unwilling to limit access to the Rebbe’s grave to less than 24-hours per day, claiming that prohibiting access would interfere with the Congregation’s right to perform religious ceremonies. In an attempt to remedy the BSA’s concerns, the Congregation proposed constructing a partition wall at the side yard entrance to partially obstruct visitors between 12:00 a.m. and 6:00 a.m. daily, and provide posts on its website that access to the gravesite would be limited during those hours. The BSA ruled, however, that complete cessation of operations and access to the property for some portion of the day was necessary and restricted the Congregation’s operation hours and gravesite accessibility to 6:00 a.m. to 10:00 p.m. daily.

The BSA granted the Congregation’s variance application, but insisted that the Congregation comply with a number of conditions. In addition to imposing restrictions on the Congregation’s hours of operation and access to the gravesites, the BSA also required that the Congregation post signs restricting loitering, littering, and trespassing on neighbors property; limit idling of cars and buses in front of the property to no more than one minute; store garbage inside; and provide private garbage pickups on event days. The BSA also attached a 10-year term to the variance, anticipating a future review of the functionality of the Congregation and appropriateness of the imposed conditions.

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27 Comments

  • nu

    churban!!!!! restricted hours???

    all though it is true that this opposition is due to peoples lack of consderation to the neighbors and chilul hashem occurs all the time over there with garbage and lack of menchlechkeit.

    • Anonymous

      Churban? If people like yourself didn’t throw trash all over the neighbors’ yards and park in their driveways we wouldn’t be having this discussion, Nu? This has nothing to do with antisemitism and everything to do with Jews behaving badly.

  • Discrimination

    Sometimes I want to go to the Ohel late at night when it is quieter. Can they get away with this?

    L’havdil, I believe S. Patrick’s Cathedral is open 24/7.

    So what is the final outcome? We can’t go to the Ohel between 10:00 & 6:00?

  • disturbing

    some of their concerns are very valid but restricting access is illegal & discrimination & should not cannot be tolerated.Additionally what needs to be done is to purchase property nearby of of Springfield Boulevard for use as well

  • Yisroel Aryeh Leib, Esq

    The uses are protected by the federal “Religious Land Use and Institutional Purposes Act” (RLUIPA), 42 U.S.C. § 2000cc et seq. We should win in court.

    • Yisroel Aryeh Leib, Esq

      I haven’t researched it but maybe a federal Civil Rights lawsuit, too. Proceeds to fund expansion of Ohel facility and protection of neighbors from disturbance.

  • Access

    Cemeteries close. Although a shul on private property can be opened 24/7 religious freedom laws can’t force a cemetery to open for you at 2 in the morning.

  • Rediculous!

    Over the past 19 and a half years I’ve been going regularly to the Ohel between midnight and 4am, always very quiet and peaceful.

    In the past 3 years Ive been at the Ohel for Shabbos Gimmel Tammuz, very peaceful in the street, the Ohel had janitors 24 hours a day walking up and down the sidewalk to see if there is garbage outside. People have been very respectful despite several neighbors walking back and forth at all hours looking for that one thing wrong to snap a picture of…

  • Hire guards

    Maybe the ohel should have guards to oversee sanitation in and around the ohel, to help people with parking, and to ensure quiet.

  • oximoronic

    Limiting hours that people can daven so that people can eat and sleep there more comfortably? Do that it will look nicer? Seem to have missed the wile point of the ohel and the concept of kivrei tzadikim!

  • Lifelight

    How does one “protect” from Chillul Hashem, Chillul Lubavitch? That, and only that, is why there are refusals from the BSA. They would welcome with open arms any request from those who are mentchlich. Unfortunately, that is NOT the case at the Ohel. Mentchlichkeit is tragically NON-EXISTANT in too many of those who frequent the Ohel. And we will all have to pay the price.

  • to no. 12.

    What you are saying is totally baseless and simply not true. I go often to the ohel and I am quite satisfied with the standard of respect and behavior of the visitors to the ohel.

  • dont understand

    There are not many homes very close to the ohel. and honestly I dont think the noise level is so much. People are not partying in the streets or blasting music. It is just normal noise of people coming and going. I dont think hours should be limited because people coming to the ohel cannot control when their flights are etc and they need access. It defeats the purpose to expand the place and then limit access. So in my opinion dont expand if you will limit people going there. It wont work, practically speaking. It will make things too complicated and will deter some people from visiting the ohel.

  • Yisroel Simon

    I have to disagree with many of the above posted comments.
    This is a regular zoning issue, Someone who was living on the street has had a major change to their neighborhood and they have a right to dislike it and fight against it.

    The issue of mentschlichkeit is not the real issue even if we would be perfect citizens (and we are pretty close if one considers the amount of people traffic and the facilities allowed) they would still not like the change and they would see a corresponding drop in property value.

    The zoning variance application (besides for helping the Ohel) helps the community by enabling the Ohel to better service all the visitors, which is to the benefit of the surrounding community.

    It is interesting that the appeals board has granted many of the zoning request changes of the Ohel, seemingly agreeing that the changes are to the benefit of the existing community, but are asking for a time restriction.

    It is interesting to note that the ten year review seems a little unenforceable in that if the building has been built, what are they going to do? Take it down? Though that might be a chilul Hashem to blatantly disregard the appeals board. Perhaps as they appeal they can do both build and stay open?

  • feh

    Ill jump the fence at 10 PM i dont care. I jumped fences in Poland and Ukraine at kivrei reboiseinu i can do it in queens.

  • The best time is the middle of the night

    I was there last night, 1am. It was so quiet and peaceful.

  • I am a woman

    And being that the expansion will not help me anyways (davening with minyan, sleeping over), I vote keep the unlimited hours vs an expansion.

  • Uncle Mendel

    Did the neighbors stop to realize that there street is now crime free due to the constant flow of people?

  • Very Sorry

    Lately the premises have been kept very clean, and there are extra staff cleaning at busy times. I think the board it bringing up old things

  • value of property

    I understand that the value of properties near the ohel has increased many times more than value in other neighborhoods in Queens. The neighbors of the ohel have done very nicely from the ohel regarding the prices of their properties.

  • satmar Rebba

    the world needs 24 hr access to the holiest place in america . if u cant expand then just buy more homes

  • Ego

    This expansion is unnecessary and it’s an ego trip. If it ain’t broke down fix it. And if you think it’s broke it’s only because of your actions not the neighbors etc. had the rebbe felt the need to build he would have done it by the frierdiker rebbe. He didn’t he never sai he would go sleep at the tzion or go for shabbos. This is a group of people making trouble.

    • dear ego

      You bring stupidity and ignorance to a whole new level. Bh the rebbe has many chasiddim who feel the importance of being in the daled amos of the rebbe and therefore should be accommodated. Obviously restricting the hours isn’t an option as the administration by the ohel responded to the board quoted in the article above(if your literate enough to read it).