In The Name of “The Community”

Regarding: Chabad Lubavitch Hospitality Center Eshel Hachnosas Orchim, Inc.
274-276 Kingston Ave. Brooklyn, NY 11213

Back in June 23, 2011 CHLEAKS explained to you how it was that Menachem Mendel Hendel was able to bypass city zoning laws to build his money making hotel. View that post here: Menachem Mendel Hendel Above and Beyond.

October 2012, Mendel Hendel filed an application to convert the property  to a Use Group 3 community facility, more specifically, a non-profit institution with sleeping accommodations.

Those of us that live in the Crown Heights neighborhood know that all of Hendels claims regarding what takes place at the Eshel premises is  a bunch of hippy dippy boloney.

Read the text of Hendels request:

[TEXT]

It has recently come to our attention that in order to approve the above-referenced application to convert the property (the “Premises”) to a Use Group 3 community facility, more specifically, a non-profit institution with sleeping accommodations, DOB requires an explanation as to the necessity of the sleeping accommodations provided on the Premises and its nexus to the non-profit purpose of the owner and operating entity, Chabad Lubavitch Hospitality Center Eshel Hachnosas Orchim, Inc. (“Chabad Hospitality Center”). An analysis of the mission of Chabad Hospitality Center and the international umbrella Chabad organization, as well as the locale of the Premises will show that the intended use of the Premises does in fact qualify as a Use Group 3 non-profit with sleeping accommodations.

The Board of Standards and Appeals (“BSA”) has held that under section 22-13 of the New York City Zoning Resolution (“ZR”), “‘non-profit institutions with sleeping accommodations’ has a plain and unambiguous meaning, yet encompasses a broad and disparate range of facades._ and._ the language of the [ZR] text describing these permitted uses does not distinguish among the many facilities that may be chartered as non-profit institutions under several state laws…[T]he language of the [NYC Zoning Resolution] text describing these permitted uses further makes no distinction among the many different functions that all other ‘non-profit institutions with sleeping accommodations may necessitate.” (see BSA Calendar No. 79-82-A annexed hereto as Exhibit A). Furthermore, BSA has approved the New York City Department of Buildings’ (“DOB”) interpretation of section 22-13 of the ZR to require a “reasonable nexus between the non-profit purpose and its provision of sleeping accommodations° (see BSA Calendar No. 307-06-A, at p. 3, annexed hereto as Exhibit B).

In the instant application, pursuant to its mission provided in its certificate of incorporation (see Certificate of Incorporation annexed hereto as Exhibit C), Chabad Hospitality Center intends to provide affordable transient room and board, as well as free meals exclusively to those seeking to participate in its religious programs. Furthermore, pursuant to the mission of the international umbrella Chabad organization to promote and spread the observance of Orthodox Jewry to Jews of all backgrounds and from all over the world (see Certificates of incorporation of Machne Yisrael Inc. and Merkos L’inyonei Chinuch annexed hereto as Exhibits Dan E, respectively, as well as printouts of mission statements from Chabad websites annexed hereto as Exhibit F), Chabad Hospitality Center will be providing daily, as well as Sabbath and Jewish Holiday agendas, which will include religious sermons, group discussions and prayer services on the Premises and the attendance of which will be mandatory for lodgers (see Chabad Hospitality Center program annexed hereto as Exhibit G).

The locale of the Premises is crucial to the purpose of Chabad Hospitality Center, as it will provide the only sleeping accommodations within approximately a 1 mile radius (see Goggle Maps annexed hereto as Exhibit H) of the international mecca and central headquarters of the Chabad organization, the premises located at 770 Eastern Parkway (“770”). Every day, Jews from all over the world visit 770 to pay tribute to the last Chabad leader, Rabbi Menachem Mendel Schneerson, who resided and worked at 770 until his death in 1994. Visitors of 770 participate in the various religious programs provided at 770, including daily, as well as Sabbath and Jewish Holiday prayer services, the study of religious texts, group discussions about observance of Jewish law, and religious sermons on a wide array of topics (see 770 information annexed hereto as Exhibit I).

In addition to participating in the programs provided by Chabad Hospitality Center, lodgers of the Premises will pay tribute to 770 and participate in its programs. The Premises will provide the only sleeping accommodations within walking distance of 770, and the distance of the closest alternative would prove to be difficult for the elderly and families with small children. Furthermore, the nightly charge of the closest alternative is significantly more expensive and would require costly transportation arrangements, which would not even be possible on Sabbath and Jewish Holidays as such activities are forbidden on these days.

This arrangement is similar to that of the Ronald McDonald House located at 405 East 73rd Street, New York, New York (Block 1467, Lot 5). The Ronald McDonald House provides affordable housing and meals to families whose children are patients in participating nearby hospitals (see Ronald McDonald website printouts annexed hereto as Exhibit J). The certificate of occupancy of the Ronald McDonald House indicates that it is classified as a Use Group 3 community facility with J-1 sleeping accommodations (see Ronald McDonald certificate of occupancy annexed hereto as Exhibit K).

It should also be noted that Ronald McDonald’s Certificate of Incorporation specifically limits its onsite not-for-profit purpose and activity to “own and operate a temporary residence for children and the parents of children who are undergoing diagnosis and/or treatment for leukemia and other oncologic diseases” (see Ronald McDonald Certificate of Incorporation annexed hereto as Exhibit L). In addition, in a letter dated July 9, 1990 from the president of the Ronald McDonald House to DOB regarding its New Building application to construct the facility, she described the Ronald McDonald House as a “dormitory facility which provides temporary housing for children afflicted with cancer, and their families… [and] a ‘home away from home’ while the children are in New York for cancer treatment at the major area hospitals.” (See Ronald McDonald letter to DOB annexed hereto as Exhibit M).

Hence, the primary not-for-profit purpose of the Ronald McDonald House is to provide transient sleeping accommodations, despite DOB’s and BSAs explicit mandate that the ‘primary purpose of a ‘philanthropic or non-profit institution with sleeping accommodations’ properly classified within Use Group 3 cannot be the provision of sleeping accommodations” (Exhibit B at p.3). In contrast, as explained above, Chabad Hospitality Center’s primary not-for-profit purpose is the provision of affordable transient room and board, as well as free meals exclusively to those seeking to participate in its own religious programs and those provided by 770.

Chabad Hospitality Center’s arrangement is also similar to that of the Teacher’s College of Columbia University and the Landmark Guest Rooms, wherein these non-profit institutions provide transient sleeping accommodations to those wishing to participate in nearby programs and services provided by other non-profit institutions (see website printouts of the Teacher’s College and Landmark Guest Rooms annexed hereto as Exhibits N and 0, respectively). Their certificates of occupancy indicate that they are classified as a Use Group 3 (see certificates of occupancy for the Teacher’s College and Landmark Guest Rooms annexed hereto as Exhibits P and Q, respectively), not a Use Group 5 (as would be for a hotel), despite the fact that they do not provide any on-site non-profit programs or services. In fact, the Landmark Guest Rooms do not require that their guests participate in, or have any affiliation with, any off-site nonprofit programs or services.

Similarly, in the instant application, in addition to its own program, Chabad Hospitality Center will provide sleeping accommodations for those who wish to participate in 770’s religious programs and prayer services. This intended use better fits within the parameters of a non-profit institution with sleeping accommodations than do the Teacher’s College of Columbia University and Landmark Guest Rooms, which do not provide any on-site non-profit programs or services and are more akin to transient hotels in their overall operations and functionality.

Alternatively, Chabad Hospitality Center can be designated as a Use Group 4 Club pursuant to section 22-14 of the ZR. Under section 22-14 of the ZR:

“Use Group 4 consists primarily of community facilities that:

(1) may appropriately be located in residential areas to provide recreational, religious, health, and other essential services for the residents; or

(2) can perform their activities more effectively in a residential environment, unaffected by objectionable influences from adjacent medium and heavy industrial uses; and As explained in greater detail above, Chabad Hospitality Center clearly meets these requirements. There are no other requirements, rules, or regulations regarding the designation of a building as a Use Group 4 Club. In addition, Chabad Hospitality Center is no different than other not-for-profit institutions classified as Use Group 4 Clubs and that have transient sleeping accommodations. For example, Chabad Hospitality Center is no different than the Metropolitan Club, which is designated as a Use Group 4 Club and contains transient sleeping accommodations (see Metropolitan Club CO annexed hereto as Exhibit R). Moreover, unlike other clubs throughout the city, Chabad Hospitality Center intends to limit use of the Premises to members of Chabad.

Chabad Hospitality Center looks forward to this unique opportunity to serve its community and is willing to cooperate with your office in order begin operation of its facility as soon as possible.

On October 29,2012 the request was denied:

View original documents HERE.

March 6, 2013: Hendel is asked to give a more detailed explanation as to why the “premises” qualifies for a UG3 Community Facility.

March 19, 2013: Law office of Stuart A. Klien responds to above request on behalf of Menachem Mendel Hendel.

[TEXT]

LAW OFFICES OF STUART A. KLEIN
90 BROAD STREET, 6TH FLOOR, SUITE 602, NEW YORK, N.Y. 10004
TELEPHONE: (212) 564-7560 – TELEFAX: (212) 564-7845

March 19, 2013

Via Hand Delivery and Email
Thomas Fariello, RA, Esq.
First Deputy Commissioner
New York City Department of Buildings
280 Broadway, 7th Floor
New York, NY 10007

Re: 274 Kingston Avenue, Brooklyn, New York (the “Premises”)
Block 1264, Lot 38
DOB BIN No 3392421
Response to Inquiry Dated March 6, 2013 Regarding Proposed Designation as
Use Group 3 Community Facility and Use Group 4 Club

Commissioner Fariello,

We are writing in response to your inquiries in your letter dated March 6, 2013 regarding the above-referenced application, which are copied below in bold italics for your convenience:

 1.   Specifically, please provide a clear description, including frequency, length, and location within the Premises of the daily and special agendas you mention in your letter that are “mandatory for lodgers”.

As mentioned in our letter dated July 31, 2012 and subsequent ZRD1 dated October 25, 2012 (collectively, the “Application”), pursuant to its mission statement contained in its Certificate of Incorporation (see Certificate of Incorporation annexed to the ZRD1 as Exhibit C), Chabad Hospitality Center will provide affordable transient room and board, as well as free meals exclusively to those seeking to participate in its religious programs. Furthermore, pursuant to the mission of the international umbrella Chabad organization (as well as the proposed amended Certificate of Incorporation of Chabad Hospitality Center, annexed hereto as Exhibit V) to promote and spread the observance of Orthodox Jewry to Jews of all backgrounds and from all over the world (see Certificates of Incorporation of Machne Yisrael Inc. and Merkos L’inyonei Chinuch annexed to the ZRD1 as Exhibits D and E, respectively, which are the two worldwide central Chabad entities, as well as printouts of mission statements from Chabad websites annexed to the ZRD1 as Exhibit F), Chabad Hospitality Center will be providing daily, as well as Sabbath and Jewish Holiday agendas, including religious sermons, group discussions and prayer services on the Premises, the attendance of which will be mandatory for lodgers (see Chabad Hospitality Center program annexed to the ZRD1 as Exhibit G).

More specifically, on weekdays, Chabad Hospitality Center will be providing approximately four daily religious study sessions and/or sermons in the assembly room on the first floor of the Premises [1] (the “Assembly Room”) and/or the dining room on the basement floor (the “Dining Room”) [2] from the morning until the late afternoon, each lasting approximately two hours. These study sessions and sermons will cover various religious topics including, without limitation, the study of religious texts, observance of the Torah and Jewish law, and Jewish philosophy.

Furthermore, Chabad Hospitality Center will be conducting a nightly “Farbrengen” for its lodgers in the Assembly Room and/or Dining Room. “Farbrengen” is Yiddish for “joyous gathering” wherein the participants converse on various Torah subjects, with an emphasis on Hasidic philosophy, relating of Hasidic stories and the singing of praise to G-d. A Farbrengen often includes a keynote speaker who issues a religious sermon.

On Sabbath and Jewish Holidays, Chabad Hospitality Center will be providing a two-hour sermon prior to morning prayer services in the Assembly Room and/or Dining Room, followed by “Kiddush” [3] and lunch in the Assembly Room and/or Dining Room, during which the participants will sing praise to G-d and share Torah insights. In addition, there will be a two-hour Farbrengen between afternoon and evening prayer services. Immediately following the conclusion of the Sabbath, Chabad Hospitality Center will provide a “Melave Malka” meal, which is Hebrew for “Escorting the Queen”, a reference to the departing Sabbath [4].

Finally, Chabad Hospitality Center will be providing at least three daily prayer services in the Assembly Room and/or Dining Room, from morning until night, in accordance with Jewish law. Typically, during the week, morning prayer services will last approximately one hour, and the afternoon and evening prayers each will last approximately twenty minutes. On Sabbath and Jewish Holidays, the morning prayer services will last approximately 2 1/2 hours, the afternoon prayer services will last approximately thirty minutes and evening prayer services will last approximately twenty minutes.

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1.    It should be noted that the applicant intends to amend the plans by reclassifying the open space on the first floor currently designated as “Dining Space” to “Recreational Room”, but cannot do so at this time due to the current hold on the job.

2.    Chabad Hospitality Center intends to use both the Assembly Room and Dining Room for its programs, services and meals, depending on the size and gender of participating groups. Jewish law requires that men and women be separated for religious study sessions and sermons, as well as prayer services. In addition, Jewish law prohibits a man from listening to the singing of a non- relative female. Therefore, Chabad Hospitality Center intends to provide its services and programs, and sometimes its meals (for example, for an adolescent female group), in different rooms for male and female participants.

3.    The term “Kiddush” is sometimes used to refer to the serving of refreshments following morning prayer services on Sabbath or a Jewish Holiday, during which the “Kiddush” blessing is recited in accordance with Jewish law (http://en.wikipedia.org/wiki/kiddush).

4.    In accordance with Jewish law, a “Melave Malka” is the meal that is eaten upon the departure of the Sabbath that is meant to “escort” the departing Sabbath “Queen” and which entails singing of praise to G-d, dancing and sharing of Torah insights
(http:// http://en.wikipedia.org/wiki/Melaveh_Malkah;
http://www.torah.org/qanda/seequanda.php?id=964).
___________________________________________________

Please refer to Exhibit G to the ZRD1 as an exemplary four-day program at the Premises.

2.     Also, please provide additional information as to whether the programming that
is mandatory for residents is also available to those not residing at the Premises,
and if not, why participants in your religious programs must sleep at the Premises.

We are confused as to the relevance of the first part of this inquiry and respectfully request further clarification as to the authoritative source of its relevancy to the instant application, as we are not aware of any provision in the New York City Zoning Resolution (the “ZR”), New York City Administrative Code (the “Code”) or any other applicable law, rule, or regulation requiring that the provision of the programs or services of a non-profit institution with sleeping accommodations be limited to its lodgers, or that such a condition would be a valid consideration in the instant application.

Notwithstanding the above, and without waiving our right to object to such considerations or augment the instant application accordingly, the programs and services at the Premises will be mandated for its lodgers and made available for local members of the Chabad organization who reside walking distance of the Premises (“Local Participants”).

As mentioned in the Application, the locale of the Premises is crucial to the purpose of Chabad Hospitality Center, as it will provide the only sleeping accommodations within approximately a 1 mile radius (see Google Maps annexed to the ZRD1 as Exhibit H) of the international mecca and central headquarters of the Chabad organization, the premises located at 770 Eastern Parkway (“770”). Every day, Jews from all over the world visit 770 to pay tribute to the last Chabad leader, Rabbi Menachem Mendel Schneerson, who resided and worked at 770 until his death in 1994. Visitors to 770 participate in the various religious programs provided at 770, including daily, as well as Sabbath and Jewish Holiday prayer services, the study of religious texts, group discussions about observance of Jewish law, and religious sermons on a wide array of topics (see 770 information annexed to the ZRD1 as Exhibit I). In addition to participating in the programs provided by Chabad Hospitality Center, lodgers of the Premises will pay tribute to 770 and participate in its programs.

Since many of the participants of the religious programs of Chabad Hospitality Center and 770 are nonresidents of New York City who are visiting from other cities, states and countries (“Nonlocals”), sleeping accommodations are required at or near the Premises. In addition, the rigorous schedule of the programs at the Premises, especially the late night Farbregens,, would make offsite sleeping accommodations quite difficult for participants, if not impossible.

Moreover, the Premises will provide the only sleeping accommodations within a reasonable walking distance of the Premises and 770, and the distance of the closest alternative would prove especially difficult for the elderly and families with small children. In fact, walking to the Premises on Sabbath and Jewish holidays would be impossible for any Nonlocal participant, as Jewish law prohibits carrying any object on Sabbath and Jewish Holidays [5], including carrying valuables, keys, a child or pushing a stroller or wheelchair. Finally, the nightly charge of the closest alternative is significantly more expensive6 and would require costly transportation arrangements, which would not even be possible on Sabbath and Jewish Holidays as mechanical transportation of any type is forbidden Sabbath and Jewish Holidays.

Other Similarly Situated Approved Sites

a. The Ronald McDonald House

Chabad Hospitality Center’s proposed arrangement is similar to that of the Ronald McDonald House located at 405 East 73rd Street, New York, New York (Block 1467, Lot 5). The Ronald McDonald House provides affordable housing and meals to families whose children are patients in participating nearby hospitals (see Ronald McDonald website printouts annexed to the ZRD1 as Exhibit J). The certificate of occupancy of the Ronald McDonald House indicates that it is classified as a Use Group 3 community facility with J-1 sleeping accommodations (see Ronald McDonald certificate of occupancy annexed hereto as Exhibit K).

It should also be noted that Ronald McDonald’s Certificate of Incorporation specifically limits its onsite not-for-profit purpose and activity to “own and operate a temporary residence for children and the parents of children who are undergoing diagnosis and/or treatment for leukemia and other oncologic diseases” (see Ronald McDonald Certificate of Incorporation annexed to the ZRD1 as Exhibit L). In addition, in a letter dated July 9, 1990 from the president of the Ronald McDonald House to DOB regarding its New Building application to construct the facility, she described the Ronald McDonald House as a “dormitory facility which provides temporary housing for children afflicted with cancer, and their families…[and] a ‘home away from home’ while the children are in New York for cancer treatment at the major area hospitals.” (See Ronald McDonald letter to DOB annexed to the ZRD1 as Exhibit M).

Hence, the primary not-for-profit purpose of the Ronald McDonald House is merely to provide transient sleeping accommodations. In contrast, as explained above, Chabad Hospitality Center’s primary not-for-profit purpose is the provision of religious programs and services, while providing affordable transient room and board exclusively to those seeking to participate in its own programs and those provided by 770. Thus, Chabad Hospitality Center’s proposed use of the Premises better fits within the prescribed parameters of a non-profit institution with sleeping accommodations than that of the Ronald McDonald House.
___________________________________________________
5.    Carrying objects on Sabbath and Jewish Holidays is forbidden in areas without a ritual enclosure called an “Eruv”, which Brooklyn lacks (http://en.wikipedia.org/wiki/Eruv).

6.    Chabad Hospitality Center will not mandate payment for its program or accommodations, rather it will request a donation to cover costs. Donations are not mandatory.
___________________________________________________

b. Teacher’s College of Columbia University and the Landmark Guest Rooms

Chabad Hospitality Center’s arrangement is also similar to that of the Teacher’s College of Columbia University and the Landmark Guest Rooms, wherein these non-profit institutions provide transient sleeping accommodations to those wishing to participate in nearby programs and services provided by other non-profit institutions (see website printouts of the Teacher’s College and Landmark Guest Rooms annexed to the ZRD1 as Exhibits N and O, respectively). Their certificates of occupancy indicate that they are classified as a Use Group 3 (see certificates of occupancy for the Teacher’s College and Landmark Guest Rooms annexed to the ZRD1. as Exhibits P and Q, respectively), not a Use Group 5 (as would be for a hotel), despite the fact that they do not provide any on-site non-profit programs or services other than the provision of sleeping accommodations. In fact, the Landmark Guest Rooms do not require that their guests participate in, or have any affiliation with, any off-site non-profit programs or services.

In the instant application, in addition to its own program, Chabad Hospitality Center will provide sleeping accommodations for those who wish to participate in 770’s religious programs and prayer services. This intended use better fits within the parameters of a non-profit institution with sleeping accommodations than do the Teacher’s College of Columbia University and Landmark Guest Rooms, neither of which provide any on-site non-profit programs or services and are more akin to transient hotels in their overall operations and functionality.

b. The International Counselor Exchange Program

Finally, there is stronger nexus between the sleeping accommodations and religious program at the Premises than that at the International Counselor Exchange Program located at 3W, 88th Street in Manhattan (the “88th St. ICEP”). The mission of the 88th St. ICEP is “to create opportunities that will facilitate a healthy interaction between international counselors, American children, and American camp staff, with the ultimate aim of nurturing friendships and a better understanding between peoples from different cultures” by means of placing young people from around the world to serve as counselors in children’s summer camps (see 88th St. ICEP website printout, certificate of incorporation and CO annexed hereto as Exhibit W). Other than providing sleeping accommodations for foreign counselors, there is no documented nexus between the sleeping accommodations and non-profit program of the 88th St. ICEP (see Exhibit W). Yet, its CO classifies its use as a Use Group 3 non-profit institution with sleeping accommodations (Exhibit W). As explained in greater detail above, there is a significantly stronger nexus between the transient sleeping accommodations at the Premises and Chabad Hospitality Center’s programs and services than that of the 88th St. ICEP.

3.   Further, please also explain why your proposed plans show dining space for
approximately 300 people but only 40 dwelling units.

Once again, we are confused as to the relevancy of this inquiry and respectfully request further clarification as to the authoritative source of its relevancy to the instant application.

Notwithstanding the above, and without waiving our right to object to such considerations or augment the instant application accordingly, the DOB approved plans and public assembly drawings (annexed hereto as Exhibit S) indicate that there is a “Dining Space” both on the basement and first floors. Approximately 109 people can legally occupy the Dining Room, while approximately 290 people can legally occupy the Assembly Room. As mentioned in footnote (1) above, the applicant intends to amend the plans to change the current designation of “Dining Space” on the first floor to “Recreational Room”. The 40 dwelling units can accommodate approximately 150 lodgers. As explained in greater detail above, Chabad Hospitality Center intends to use both the Assembly Room and Dining Room in providing its religious programs and services, Farbrengens and free meals for lodgers and Local Participants.

The discrepancy between the. maximum number of lodgers and maximum occupancy of the Assembly Room is merely due to the limitations imposed on the Premises by the ZR and Code, Otherwise, Chabad Hospitality Center would provide sleeping accommodations for as many people who wish to participate in its programs and services. it would be inequitable and counter-intuitive to now penalize Chabad Hospitality Center for complying with the ZR and Code in limiting the number of dwelling units.

4.     Lastly, provide a more detailed justification for your argument that the
Premises qualifies as UG 4 Club entitled to have transient sleeping accommodations.

Under section 22-44 of the New York City Zoning Resolution:

Use Group 4 consists primarily of community facilities that:
(1) may appropriately be located in residential areas to provide recreational, religious, health, and other essential services for the residents; or
(2) can perform their activities more effectively in a residential environment, unaffected by objectionable influences from adjacent medium and heavy industrial uses; and
(3) do not create significant objectionable influences in residential areas.

As explained in greater detail above and in the Application, Chabad Hospitality Center clearly meets these requirements. There are no other known requirements, rules, or regulations regarding the designation of a building as a Use Group 4 club.

In addition, Chabad Hospitality Center is no different than other not-for-profit institutions classified by DOB as Use Group 4 Clubs that have transient sleeping accommodations. For example, Chabad Hospitality Center is no different than the Metropolitan Club, which is designated as a Use Group 4 Club and contains transient sleeping accommodations (see Metropolitan Club CO annexed hereto as Exhibit R [7]). Other examples of similarly situated Use Group 4 Clubs with transient sleeping accommodations operating under the approval of DOB include, without limitation, the YMCA Club on 47th in Manhattan (the “47th St. YMCA”),the YMCA Club on Meserole Avenue in Brooklyn, the Lotus Club on 66th Street in Manhattan, and the Yale Club on Vanderbilt Avenue in Manhattan (see CO’s annexed hereto as Exhibit U). Moreover, the CO’s of the aforementioned clubs (aside from the 47th St. YMCA), as well as others throughout the city, do not limit the use of the premises to members. However, similar to the 47th St. YMCA, Chabad Hospitality Center intends to limit use of the Premises to members of Chabad, as well as limit the stay for its sleeping quarters to a daily or weekly basis.
___________________________________________________
7.      The BSA decision referenced in the Metropolitan Club CO is completely unrelated to the occupancy of the building and only relates to the proposed expansion of the building (see BSA 294-03-BZ resolution annexed hereto as Exhibit T).
___________________________________________________

It is unclear from public records and our research as to whether DOB approved the sleeping accommodations of the aforementioned clubs as part of their proposed primary uses or as accessory thereto. If the latter, then it is clear that DOB has determined that sleeping accommodations are “incidental and customarily found in connection with” a Use Group 4 Club, and thus, are accessory thereto. Similarly, in the instant case, as explained in greater detail above, the proposed transient sleeping accommodations at the Premises are accessory to Chabad Hospitality Center’s programs and services. In either event, a Use Group 4 Club can legally have transient sleeping accommodations.

Therefore, Chabad Hospitality Center merely requests that it be afforded equal treatment afforded to other similarly situated Use Group 3 and 4 community facilities throughout the city and be allowed to provide transient sleeping accommodations to those participating in its religious programs and services.

Chabad Hospitality Center looks forward to this unique opportunity to serve its community and is willing to cooperate with your office in order begin operation of its facility as soon as possible.

Please feel free to contact our office if you require any further information or if you would like to further discuss this matter. Thank you for your time and consideration.

Sincerely,
Law Offices of Stuart A. Klein
[Signature]
Simon Omner, Esq.

Enclosures
Cc to: Mona Sehgal
Felicia Miller

View original documents HERE.

Menachem Mendel Hendel is being deceitful all in the name of “the community”, as to how he is using the premises located at  274-276 Kingston Ave. Brooklyn, NY 11213. We all know good and well that Hendel has always had the intentions of operating a for-profit hotel and this is exactly what he is currently doing, operation an illegal hotel without a C of O.

None of  the activities that Hendel describes above has been taking place.

Why didn’t Hendel attach the following advertisement:

STOP THE CORRUPTION, STOP THE FRAUD