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Planning board opens coordinated review of proposed religious school at former bungalow colony after legal memo citing religious-use rules
Summary
The board treated a change-of-use application to convert a bungalow colony into a religious school as an unlisted action and accepted coordinated review after counsel argued the amended zoning plus federal religious-land-use protections support the proposal.
The Fallsburg Planning Board moved forward with a coordinated, unlisted review of an application to change an existing bungalow colony to a religious school after receiving legal guidance from the applicant’s counsel.
Counsel Steven Bar handed the board a memorandum arguing the town’s updated zoning code includes a "religious use" category that encompasses education, and he cited the Religious Land Use and Institutionalized Persons Act to argue local law should not place undue burdens on religious education. "There is an ambiguity at minimum in the zoning code and that ambiguity has to be resolved in favor of the free use of property," Bar said, adding that RLUIPA supports allowing religious education as part of religious use.
Board members discussed prior unpermitted work on the property, enforcement questions (fences, fines, outstanding building violations) and multiple safety issues raised by residents, including dormitory/fire safety, bus access and road widening for large vehicles. Staff and the applicant agreed code-enforcement inspections and updated engineering plans are necessary to establish baseline conditions before a final hearing.
Because the proposed use involves a special permit and remaining uncertainties, the board treated the application as an unlisted action under environmental review and voted to seek coordinated review and take lead agency status for the SEQRA process. The board also requested updated plans, engineering clarification on bulk-table figures and coordination with the building department on inspections.
The board indicated it will schedule a public hearing on the revised application after staff completes inspections and the applicant submits updated materials.
