Friday, July 31, 2009

Judge Allows Temporary Occupancy of Synagogue After Code Controversy

The Middletown (NY) Times Herald-Record yesterday reported on a building code controversy between the town of Bethel, New York and the local Satmar Bungalow Colony of Hasidic Jews. Apparently town building inspector Tim Dexter issued a building permit for a synagogue and community center building without plans havng gone through the town Planning Board. Brooklyn-based United Talmudical Academy rapidly constructed the building and began using its upper floor prayer space before obtaining a certificate of occupancy. The basement is not yet finished. Dexter inspected the building as it was being built and was ready to issue a temporary certificate of occupancy when town Supervisor Dan Sturm had the city issue a stop work order and an order to vacate the building. The synagogue sued.

After County Court Judge Frank LaBuda personally toured the building, he granted a six-week temporary occupancy certificate, and ordered UTA to allow engineers into the building. According to the River Reporter, the judge had some safety concerns, such as door opening inward instead of outward, but he allowed the building to be used temporarily for religious purposes. No meals or other activities may take place there. Meanwhile the Town board has ordered an investigation of the town's Building Department. Lawyers and engineers will look into 6 to 10 projects.

UPDATE: Judge LaBuda has filed a written opinion granting the temporary occupancy certificate. It is United Talmudical Academy Torah V'Yirah, Inc. v Town of Bethel, (Sup. Ct. Sullivan Co., Aug. 24, 2009).