Oyster Bay could change zoning law it used in denial of Bethpage mosque expansion

Oyster Bay is considering changes to a controversial zoning law that it cited in its denial of a Bethpage mosque's expansion plan.

Muslims on Long Island, the owners of the Masjid Al-Baqi mosque on Central Avenue, cited the law when it sued the town in January for allegedly violating federal religious land use laws.

In 2022, the town imposed new parking requirements for houses of worship that differed from the regulations in place for buildings with secular uses. Parking spaces for religious institutions are now calculated based on total occupancy, rather than the number of seats in the building or square footage. The change imposed stricter requirements for religious facilities, lawyers for the mosque argued in federal court documents.

The change would apply the formula in effect for houses of worship to places of assembly such as theaters, museums and libraries. The town scheduled a hearing on the measure for Oct. 7.

MOLI said the 2022 change upped the parking space requirement for the mosque's expansion from 86 to 155. The MOLI proposal had originally called for 88 parking spaces, filings show. 

Muhammad Faridi, an attorney with Linklaters LLP, which represents MOLI, said the proposed change “on the eve of the trial” would make it “more difficult for theaters, libraries and other types of similar secular uses to be able to get a permit.”

“It’s basically doubling down on the requirements that they imposed on us by bringing other civic institutions into the mix and making it difficult for them,” Faridi said in a phone interview.

The town did not immediately respond to a request for comment. 

The mosque has sought to triple its footprint and move into a single facility with a large prayer room and new wudu stalls, where congregants can wash their hands as part of the Islamic cleansing ritual. 

In April, the U.S. Department of Justice’s Civil Rights Division filed a 17-page “statement of interest” that backed the mosque's case. The filing said Oyster Bay's 2022 law treats religious institutions "less favorably than comparable secular uses such as theaters, libraries, and museums ..." 

Under a proposed settlement announced in August, the town was ready to restore the prior parking code treating secular and nonsecular facilities the same. The town withdrew from the settlement days later, effectively nixing a series of concessions that would have ended the lawsuit, Newsday reported.

The 2022 change for houses of worship required one parking space for every three people based on the site’s overall occupancy.

Instead of reverting back to the old law, the town’s proposal raises parking requirements for other locations in Oyster Bay, lawyers for the mosque said.

“The town’s effectively punishing everybody,” said Diana Conner, an attorney with Linklaters LLP.

A draft of the new measure says theaters, museums and libraries would need, at minimum, one parking space for every three people based on the building’s overall occupancy. The current code requires parking spaces for museums and libraries be based on square footage. Parking space requirements for theaters are based on the number of seats in the venue.

A draft of the local law filing reads, “nothing contained in this Chapter or the Town Code shall be applied in a manner which results in a substantial burden on religious exercise,” adding exemptions can be given in cases where those rules pose a “substantial burden” on practicing religion.

By Joseph Ostapiuk

joseph.ostapiuk@newsday.com@OstapiukJ