Here is what community members think of the Chabad of the Beaches, Atlantic Beach settlement

The settlement between the Chabad of the Beaches and the Village of Atlantic Beach has left some residents unsettled.

In November 2021, the Chabad, a Long Beach religious organization, purchased the property at 2025 Park St., in Atlantic Beach, planning to build a Jewish community center. Weeks later, village officials announced plans to acquire the property through eminent domain, a governmental procedure to convert private property to public use after compensating the owner.

In 2022, the Chabad filed suit against the village in federal court, and last November the parties settled. The village agreed to pay the Chabad $400,000 over four years, to drop the eminent domain proceeding and to refrain from interfering with the Chabad’s ownership and use of the Park Street property.

At recent village board meetings, community members have expressed concerns about the legal fees paid by the village, the settlement terms and zoning regulations.

Jim Miskiewicz, the lawyer representing the village in the case, gave an updated report on the settlement at the Dec. 11 meeting, which prompted a community conversation.

“All of the parties have executed the agreement,” Miskiewicz said, adding that the next steps included the Chabad’s submission of its plans for the Park Street property, the former site of a Capital One Bank branch, to the Atlantic Beach Board of Zoning Appeals, and then a return to federal court for finalization of the settlement.

Miskiewicz said he understood that the village attorney, Dominick Minerva, had reviewed the Chabad’s preliminary building plans, and Miskiewicz did not anticipate any unusual zoning requests.

A resident asked if there was a stipulation in the settlement that the Chabad cannot sue the village based on the ruling of the zoning board, and Miskiewicz said there was.

“Settlements like this have provisions that as long as both parties abide by the previsions, it’s no, the answer is no, this settles everything between companies,” Miskiewicz said.

Asked by another meeting attendee whether the signing of the settlement was contingent on the approval of the zoning board, Miskiewicz said he did not represent the zoning board, but assured residents that the settlement had been signed.

The zoning board has 62 days to complete its review once the Chabad files petitions, variances or special permit requests as long as the requests fall within village ordinances and zoning requirements, Miskiewicz said. Miskiewicz did not clarify whether this includes the basic plans for the property.

Jeremy Dys, the Chabad’s lawyer, said earlier this month that the Chabad was taking the necessary steps to occupy the 2025 Park St. building, but had not yet contacted the zoning board.

“If it hasn’t, it will. If it’s not required it won’t,” Dys said of the Chabad bringing plans to the zoning board. It remains unclear if filing property plans with the zoning board is a requirement.

The Board of Zoning Appeals did not respond to a request for comment by press time.

At the December meeting, former Atlantic Beach Mayor Stephen Mahler expressed his dissatisfaction with the legal fees the village paid, totaling over $300,000, and the $400,000 it agreed to pay the Chabad.

“You didn’t have a trial, and they had free lawyers,” he said of the Chabad, so no part of the settlement covered legal fees.

Dys confirmed that all of the services provided by the legal organization he works for, First Liberty Institute, are pro bono.

“That was the agreement,” Deputy Mayor Edward Sullivan said, responding to Mahler’s comments.

Mayor George Pappas, who did not attend the meeting, did not respond to a request to comment.

Have an opinion on the village’s settlement with Chabad of the Beaches? Send a letter to jbessen@liherald.com.