Oyster Bay OKs a smaller expansion of Masjid Al-Baqi mosque in Bethpage

The Town of Oyster Bay agreed to allow a lesser expansion of the Masjid Al-Baqi mosque in Bethpage, signaling a conclusion to a monthslong legal battle as it neared the eve of a federal court trial.

The town board passed the resolution authorizing the settlement Tuesday night with a vote of 6-1. Councilman Lou Imbroto was the lone “no” vote.

Attorneys for Muslims on Long Island, the owners of the Central Avenue house of worship, did not respond to questions about the settlement. 

The settlement marks the second time the town agreed to approve the mosque expansion and end the legal battle that began when MOLI sued the town in January, claiming Oyster Bay's code violated federal land use laws by treating secular and nonsecular buildings differently. The first settlement, which would have required Oyster Bay to pay $3.95 million in legal fees and other expenses, was never authorized by the town board.

Under the new agreement, the mosque will be limited to 9,950 square feet at ground level or above, which is around 1,100 fewer square feet than in the original proposal, officials said. The facility also will have a voluntary maximum occupancy of 295 people, a decrease from the 464 people allowed under the previous plans.  

Additionally, MOLI will pay for a crossing guard for 18 months after the issuance of a certificate of occupancy, and work with the town to establish other safety measures, including an enhanced crosswalk and a new caution light, according to the town's resolution. 

The original expansion called for a 16,000-square-foot building, which included a basement-level multipurpose room. Currently, two separate buildings on the site cover a total of roughly 5,000 square feet, attorneys for the mosque said in court documents. 

The reduced size of the expansion under the settlement allows for more parking spaces on the property, and an adjacent property will be considered for additional parking, town documents show. 

There isn't a specific financial agreement listed in the town resolution, which includes a settlement term that attorneys' fees can be determined in arbitration.

“I have read through the items on this,” Supervisor Joseph Saladino said during the town’s Tuesday evening board meeting. “I see that we have been able to achieve what the community has asked for, what we believe creates a safer situation.” 

The two sides were set to begin a trial in federal court on Monday after attorneys for the town attempted to postpone the start date. U.S. District Court Judge Sanket J. Bulsara denied the town’s request last week. 

Oyster Bay racked up $387,000 in legal fees through August defending itself in the case. That total was expected to climb as the town hired a second firm earlier this month. 

“The parties, by their attorneys, have engaged in extensive mediation and settlement efforts to amicably resolve the litigation without the need for additional costly and time-consuming litigation,” Elizabeth Faughnan, the deputy town attorney, wrote in a town memo.

MOLI's case largely centered on a 2022 town law that changed parking requirements for religious buildings. The change was made while the town was reviewing the application for the Bethpage mosque expansion. 

That law required one parking space for every three people at houses of worship.

Owners of the mosque alleged in court documents that the change had caused the number of parking spots that would be required in the expansion plan to spike significantly.

By Joseph Ostapiuk

joseph.ostapiuk@newsday.com@OstapiukJ