Neighbors sue to block new Brighton synagogue

A group of residents living near the site of a proposed synagogue on Bennett Street in Brighton yesterday sued to block its construction, saying the new building and attached rabbi's residence would simply be far too large for a congested, narrow street.

In a suit filed in Suffolk Superior Court, 19 residents of Bennett, Parsons and Arlington streets say the Zoning Board of Appeal should not have approved variances for Congregation Khal Tiferes Yosef's proposal for 49 Bennett St. and that they were ignored throughout the approval process and even accused of anti-Semitism despite the fact that a number of the opponents are themselves Jewish.

The suit, which asks the court to rescind the board's Dec. 6 decision, says that even aside from the issue of allowing a large building on a street with mostly single-family homes, the synagogue would be too close to the street and neighboring homes, could cause drainage problems for downhill neighbors, that its roof-mounted heavy-duty HVAC system would be noisy and that the project could even lead to Bennett Street becoming blocked after snowstorms because plans show no room in which to dump shoveled or plowed snow.

The absence of any snow removal plan represents a serious public health and safety concern.

The neighbors say the lot has no particular "hardships" to require variances, because it's large enough under its existing zoning to support a much larger house than the current two-family the congregation wants to replace, just not a building as large as the congregation wants - roughly 14,000 square feet, compared to the roughly 2,000-square-foot house there now. In addition to worship spaces, the new building would include a residence for the rabbi, a room for after-service get-togethers, a ritual bath and an 800-square-foot rear deck.

The neighbors argue that the board should not have approved plans that call for just five parking spaces rather than the 16 they say the zoning code requires. Despite the orthodox congregation's assertions that members don't drive to Saturday services, the congregation's existing home, in the basement of Rabbi Shloimy Halpern nearby house, already clogs up roads with weekday visitors even with its seven off-street spaces. The new shul, which could have an occupancy of 300 people, compared to the 59 who can now fit into Halpern's basement, would only invite even more people for weddings and other events, the complaint charges.

At the zoning hearing, an attorney for the congregation said it would not be renting out the food area for large gatherings, such as weddings.

Also, the neighbors don't buy the argument that nobody would drive to the synagogue on Saturday, because congregants might have less observant friends who would drive there.

The building, they continue, would cast shadows on some neighboring homes and that a proposed rear deck would be eye level with the second floor windows of some homes off Arlington Street:

This imposing structure will loom over Plaintiffs' abutting properties to the substantial detriment of their reasonable use of their property and the quality of their lives.

Watch the board's hearing: