St. Savior’s demolition halted

A group that includes the Juniper Park Civic Association, West Maspeth Land Development Corp., three parishioners and nearby property owners have taken legal action against the Maspeth Development Corp. and their bid to demolish St. Savior’s Church and build more than 70 residential units.
The group received a temporary restraining order ceasing all demolition and construction on the property and a Jamaica court is expected to hear arguments on the matter on June 7, after the court granted a two-week adjournment.
Helen Gavaris, a partner at Loeb & Loeb, who specializes in employment and labor litigation as well as trust and estate litigation, said that her firm will represent Maspeth Development Corp., but she could not comment on the case at this time because she has not received all of the papers on the matter.
The plaintiffs claim that an 1878 historical deed contains language that limits the use of the site of St. Savior’s and the land surrounding it to religious purposes – not for commercial or residential usage that the developer’s plans for the site illustrate.
“The legal grounds upon which we believe we are entitled to relief rest largely upon the restrictions contained in the original deed,” said Marc Bresky, the attorney representing the plaintiffs in the case. Bresky said that he has located cases in the second appellate division from 1896 in which a similar transaction was voided because the proposed usage of the land was not for religious purposes.
In addition to the deed, Bresky said multiple nearby residents have submitted affidavits saying that they believe a number of graves exist only a few feet from the church, squarely on the land in which the developer plans to build.
While the plaintiffs are hopeful that their legal action may save the church, it is also pursuing other measures including continuing talks with the City’s Landmarks Preservation Commission in order to get the site landmark status as well as urging local politicians to reject a zoning change for the land that the developer needs to construct the new residential units.
“That’s why it is important to approach it in a number of ways, with the ultimate goal to save St. Savior’s,” President of the Juniper Park Civic Association Bob Holden said.