BayPeople
Inc
1421
Sheepshead
Bay
Rd.
Post
Mail
Box
288
Brooklyn,
NY
11235
www.BayPeople.org
info@baypeople.org
June
27,
2012
Mayor
Michael
R.
Bloomberg
City
Hall
New
York,
NY
10007
Honorable
Mayor
Bloomberg,
Bay
People
Inc.
is
a
New
York
based
organization
that
was
created
by
residents
of
Sheepshead
Bay
with
a
goal
of
protecting
the
quality
of
life
in
our
residential
neighborhood.
We
are
writing
to
you
in
connection
with
a
construction
going
on
at
2812
Voorhies
Avenue,
Brooklyn,
NY
11235.
The
prop0sed
Mosque
/
Community
Center
is
being
built
in
place
of
a
single
‐
family
home
previously
occupied
by
an
elderly
couple.
Once
completed,
it
will
be
able
to
accommodate
up
to
1,500
people
daily,
yet
not
a
single
parking
spot
has
been
allocated
for
its
use.
This
facility
is
being
constructed
without
any
regard
to
the
impact
on
the
surrounding
community
.
Religion
must
not
be
an
excuse
for
zoning
violations
and
inappropriate
development.
As
residents
of
the
community,
we
demand
that
our
rights
be
protected
as
well.
Attached
please
find
Bay
People’s
report
No:
2,
detailing
the
problem
with
the
current
zoning
regulations,
which
instead
of
protecting
the
community,
created
loopholes
that
are
being
exploited
by
this
and
similar
construction
projects.
These
projects
will
create
nuisance
and
will
destroy
the
quality
of
life
of
the
residents.
Thank
you.
cc:
D.
Storobin
–
NYS
Senator,
M.
Markowitz
–
Brooklyn
Borough
President,
R.
Turner
‐
Congressman,
L.
Fidler
–
NYC
Councilman,
S.
Cymbrowitz
–
NYS
Assemblyman,
T.
Scavo
‐
Community
Board
No:15,
M.
Nelson
–
NYC
Councilman,
M.
Golden
–
NYS
Senator,
H.
Weinstein
–
NYS
Assemblywoman,
Current
zoning
regulations
are
in
dire
need
of
revision.
The
neighborhood
residents
object
to
the
automatic
“as
‐
of
‐
right”
status
this
construction
received
from
the
city.
The
prop0sed
Mosque
/
Community
Center
is
being
built
in
place
of
a
single
‐
family
home
previously
occupied
by
an
elderly
couple.
Once
completed
it
will
be
able
to
accommodate
up
to
1,500
people
daily,
yet
not
a
single
parking
spot
has
been
allocated.
This
facility
is
being
constructed
without
any
regard
to
the
impact
on
the
surrounding
community
.
Allowing
such
constructions
to
be
sited
in
the
current
location
jeopardizes
the
fundamental
purpose
of
the
ZR
to
"promote
and
protect
public
health,
safety
and
general
welfare."
As
set
forth
in
the
ZR,
"the
zoning
districts
established
in
this
Resolution
.
.
.
are
designed
to
guide
the
future
use
of
the
City's
land
by
encouraging
the
development
of
desirable
residential,
commercial
and
manufacturing
areas
with
appropriate
groupings
of
compatible
and
related
uses
and
thus
to
promote
and
to
protect
public
health,
safety
and
general
welfare."
Before
- 1,200 sq/ft. 2 People
Site
of
the
proposed
community
facility
Unfinished
Mosque
/
Community
Center.
Once
completed,
it
will
stand
over
35
ft.
tall,
over
8,500
sq.
ft
and
this
structure
will
be
able
to
accommodate
up
to
1,500
people
daily,
yet
not
a
single
parking
spot
has
been
allocated
Residents
of
Sheepshead
Bay
have
constitutional
rights
to
enjoy
their
property
and
protect
their
quality
of
life,
yet
Department
of
Buildings
(DOB)
ignored
all
of
it
when
it
signed
off
on
this
project.
DOB
has
the
power
and
authority
to
reject
applications,
Board
of
Standards
and
Appeal
(BSA)
has
the
power
and
authority
to
affirm
such
rejections
in
order
to
prevent
abuses
that
would
go
against
the
purpose
of
the
ZR.
DOB
‐
Our
Vision
1
:
The
New
York
City
Buildings
Department
is
committed
to
becoming
a
premier
municipal
building
organization,
dedicated
to
enhancing
the
quality
of
life
for
all
New
Yorkers
and
making
our
city
safer.
Board
of
Standards
and
Appeal
‐
Authority
and
Composition
2
:
The
Board
is
empowered
by
the
City
Charter
to
interpret
the
meaning
or
applicability
of
the
Zoning
Resolution,
Building
and
Fire
Codes,
Multiple
Dwelling
Law,
and
Labor
Law.
This
power
includes
the
ability
to
vary
in
certain
instances
the
provisions
of
these
regulations.
The
Court
of
Appeals
has
made
clear
that
the
interpretation
of
the
ZR
by
BSA
and
DOB
must
be
"given
great
weight
and
judicial
deference,"
it
has
also
made
clear
that
such
deference
is
only
afforded
"so
long
as
the
interpretation
is
neither
irrational,
unreasonable,
nor
inconsistent
with
the
governing
statute."
Appelbaum
,
66
N.Y.2d
at
977
‐
78.
BSA
ignored
the
evidence
as
well
as
the
intent
of
the
ZR
and
related
regulations
in
order
to
affirm
DOB's
approval
of
this
Mosque
/
Community
center.
BSA's
determination
is
irrational,
unreasonable.
Thus,
BSA's
decision
is
arbitrary
and
capricious
and
affected
by
an
error
of
law
and
should
be
annulled.
In
Fischer
v.
Taub
,
127
Misc.2d
518,
525
‐
26
(1st
Dept
1984),
the
First
Department
stated
that
the
plain
meaning
of
the
relevant
terms
made
clear
that:
facility
is
the
sum
of
its
parts
and
not
a
manifestation
of
any
one
of
them
.
Accordingly,
the
Mosque
/
Community
Center
should
be
looked
at
a
sum
of
all
parts
and
not
any
single
one
taken
separately.
The
facility
at
2812
Voorhies
Avenue
has
been
advertising
itself
as
a
community
center
and
as
part
of
the
community
facility,
they
are
planning
to
provide
prayer
space,
known
as
a
Mosque,
but
the
facility
itself
is
not
a
Mosque.
If
is
a
Community
Center,
hence
it
should
be
treated
like
one
and