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Sullivan County Court Judge Frank LaBuda toured a controversial shul and community center in Bethel on Friday and then promptly gave the Hasidic sect permission to occupy the building over the objections of town officials.

LaBuda granted a temporary certificate of occupancy to the United Talmudical Academy, allowing it to use the building for six weeks for religious purposes only. He also granted the right for town engineers to inspect the building. He ordered the UTA not to use an unfinished parking lot, the lower level of the building and one of the prayer rooms.

The UTA sued Bethel after the town ordered the academy to leave the building and stop work about two weeks ago. Sect members have defied the town and denied an engineer access.

With members of the Brooklyn-based Satmar group peeking through the windows, LaBuda walked through the 6,900-square-foot building. At one point, he banged his hand against the heavy masonry wall and stomped his foot on the concrete floor.

"Anybody want to point out anything unsafe here?" he said.

Members have owned the colony for 30 years. The shul is located about 300 yards off Route 17B on Schultz Road.

"We are law-abiding citizens," said Bernard Stein, who lives in Brooklyn and was among about 60 members of the sect who watched the proceedings. "For something like this to happen, it hurts us a lot."

The morning hearing pitted Bethel's attorneys against the town's own building inspector, Tim Dexter, who has worked for the town for 16 years. Dexter sat with the Satmar group during the hearing and was called by the group's attorney, Henri Shawn, as a witness.

The town's Planning Board attorney, Kimberlea Rea, said Dexter made several errors.

Among these, she said, was that he issued a building permit on his own when the project needed a special-use permit and Planning Board approval. The Planning Board never reviewed this project. There were no traffic or environmental studies done.

Town engineers pointed out that the plans lacked basic structural information about the roof, floors and heavy masonry walls. There were no mechanical, electrical or plumbing plans in the file. Because the information is missing, engineers aren't sure the building was built correctly and is safe.

Dexter testified that he inspected the shul at least once a week over three months. In early July, he informed the group that the town would issue a temporary certificate with some minor conditions.

Dexter said Supervisor Daniel Sturm attended a meeting where the certificate was discussed. Soon after, Sturm told him not to issue it.

Dexter said the first floor, which is used as a shul — a religious facility — and also has four prayer rooms, was safe to occupy. The lower level, which includes a mikvah — a ritual bathing area — and bathrooms, isn't finished.

Sturm said he doesn't believe the building is safe. He said the Town Board will look more deeply into the mistakes that were made.

"I believe I have the right to expect reliable, accurate information from my building heads," Sturm said. "I don't think that is the case here."

http://www.recordonline.com/apps/pbcs.dll/article?AID=/20090725/NEWS/907250327