North Hempstead weighs options after judge rules that Hillside Islamic Center can expand

The Hillside Islamic Center won its lawsuit challenging the Town of North Hempstead’s decision to block its planned expansion, but the timeline for the project remains murky as the town weighs its legal options.

The New Hyde Park mosque had presented its site plan, which included the addition of a third story and the creation of additional parking spaces, during a June 2023 town board meeting. After months of public hearings, the board denied the Center’s application in a 4-2 vote along party lines last January.

The Center filed an Article 78 suit — which is used to appeal decisions made by state, city or local municipalities — in state Supreme Court, and earlier this month, Judge Erica Prager ruled in favor of the Center. She wrote that the resolution should be “remanded to the town board with the direction to grant the initial application.”

But Umberto Mignardi, the town’s spokesperson, told Newsday that a resolution to approve the application will not be on the agenda at the town board's next meeting, on Feb. 4.

“We are currently reviewing the court’s ruling as well as what our legal options are. Suffice to say that our Town Board’s priority remains protecting the quality of life for our residents and it will do everything it can to preserve it,” Mignardi said in a statement.

A growing congregation

The mosque, which opened in 2005, hosts thousands of congregants every week, said Abdul Bhuiyan, chairman of the Center’s board of trustees. The 5,428-square-foot, two-story building looms large on Hillside Avenue, with its beige brick exterior and bright lights. Black lettering outside reads: “May Peace Be With You.”

The congregation has grown rapidly in recent years, leading the mosque to set up a worship center in the parking lot, with a tent and loudspeakers, according to the lawsuit.

“This created a visual and audible situation that many neighbors cited in their objections to the Town, and which reduced the number of parking spaces available on site,” the litigation states.

The mosque purchased three adjacent properties in recent years, with plans to knock down the homes to create more parking. The site plan, which also included erecting the third story, was meant to ease the concerns of residents who’ve complained about congregants parking in residential areas, Bhuiyan said. The Center eventually amended its application to increase the number of parking spaces from 29 to 63, per the lawsuit.

The town’s planning board reviewed the project and sent a proposed resolution for approval of the application to the town board. At the first public hearing, in June 2023, residents in opposition to the plan complained of congregants blocking driveways with their cars and parking in residents’ driveways, among other issues. 

Months of public hearings crescendoed at the meeting last January, when Supervisor Jennifer DeSena, a registered Democrat who caucuses with Republicans, joined Republican councilmembers David Adhami, Ed Scott and Dennis Walsh in voting against the application. Democrats Robert Troiano and Christine Liu voted to approve it, and Democrat Mariann Dalimonte abstained.

Then, in a resolution last March formally disapproving the application, the board wrote that “law does not mandate that the board approve an application made by a religious institution.”

“The general presumption that religious institutions are beneficial, and are entitled to accommodation, can be rebutted with evidence of a significant impact on traffic congestion, property values, municipal services and other similar negative impacts,” the resolution read.

'Arbitrary and capricious' denial

Prager, the judge presiding over the case, wrote in her Jan. 15 decision that the board’s denial was “arbitrary and capricious.”

“Hillside represented the efforts it was willing to undertake to mitigate the negative impact caused by parking and traffic congestion on residential streets,” Prager wrote.

Bhuiyan said in an interview that construction is still several months away, given the need to apply for permits and solicit funds from congregants. But until the town board approves the site plan resolution, the process cannot begin.

DeSena declined to comment through Mignardi, who cited “active legal matters.”

Bhuiyan said in an interview that he hoped the complaints weren’t rooted in “discriminatory” or “prejudiced” beliefs.

“Our Center is open to everyone,” he said. “We have nothing to hide. … We have no ill feelings toward our neighbors.”

On Monday night, in an effort to strengthen community bonds, Bhuiyan hosted several members of the Lakeville Civic Association, which has advocated for residents with complaints about parking and traffic congestion around the Center, as well as councilmember Christine Liu, at the mosque.

The guests sat on chairs in the musalla, or Muslim prayer area. 

The civic members reaffirmed their concerns about parking and traffic. And they also listened as Bhuiyan and others explained the core tenets of their faith. Afterward, the big group sat down together for dinner at the New Hyde Park Diner, 200 feet away.

Bhuiyan said it was a productive evening and he felt the members gained a better understanding of the mosque and the Islamic faith. 

"Muslims are not aliens from Mars, Muslims are people like you and I," Bhuiyan said.

By Joshua Needelman

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Joshua Needelman covers the Town of North Hempstead for Newsday. A Long Island native and University of Maryland graduate, his work has appeared in publications including The New York Times and The Washington Post.