CHESTNUT RIDGE - During a contentious and emotional meeting, the Board of Trustees adopted a three-tier zoning law that allows houses of worships in residential neighborhoods.

The law adopted Thursday night before dozens of people will be challenged in court by CUPON-Chestnut Ridge, an attorney for the grassroots group said Friday.

Steve Mogel said the board ignored basic environmental impacts on residents by essentially allowing unlimited houses of worship and crafting the law to cater to the Orthodox Jewish Coalition, which suggested the zone and has since filed a civil rights lawsuit accusing the village of violating religious rights.

"I think the way they crafted the resolution defined their bias," Mogel said. "What they did ... throughout the whole process is they made it clear that they would pick and choose among the statements made to support their pre-conceived determination to pass the resolution regardless of how bad it might be for the overall community."

Mayor Rosario "Sam" Presti said the updated law reflects the increased Orthodox and Hasidic Jewish population since the south Spring Valley community formed as a village in 1986.

The mayor released a statement on behalf of the five-member board explaining their view of the need for the zoning regulations.

Presti said the zoning law met the needs of the village and constitutional freedom of religion requirements.

"As new residents moved into the village, with different worship requirements, these additional needs triggered a review of the law because the village has a legal obligation to accommodate all religious uses and to not unreasonably limit them in terms of their location or based upon a particular religious denomination," Presti stated.

RESOLUTION: House of Worship Proposal

Voting for the resolution creating the house of worship law were Presti, Deputy Mayor Grant Valentine, and trustees Howard Cohen, Richard Miller and Paul Van Alstyne.

The law's development took nearly two years from drafting the proposals in August 2017, unveiling the law in February 2018 and updating the proposal through a handful of public hearings, a few of which drew up to 700 people.

The three-tiered system includes:

Residential houses of worship where a religious leader would live and could hold services for up to 49 people based on the local zoning code. The house would have to meet fire codes and get planning approvals.

Neighborhood houses of worship without living areas would require more parking and buffers, planning board and zoning board variances. The allowable attendance would depend on the size of the house, but could top 100 people.

Community worship houses on five acres, needing special permit, planning and zoning approvals.

The law includes restrictions on all types of land use, including houses of worship, such as minimum land size, fire and safety provisions, parking and traffic requirements.

"As the practice of one’s religion is a constitutional right, the village recognized that its laws needed to continue to reflect the preservation of that right and to assure legal compliance in that regard," Presti said.

Presti said he hoped an Orthodox Jewish group — which played a role in developing the zoning — would drop its recent civil rights lawsuit against the village. The lawsuit has not been served on the village and has been viewed as a warning if the village didn't pass the zoning law.

Opponents of the law — including members of CUPON — have voiced concerns about congestion and a rise in their taxes as their quality of life takes a beating. They have argued the village lacks enforcement and allowed a synagogue to masquerade as a garage on Spring Hill Terrace.

Critics who spoke at the public hearings claim village officials and planners worked on the proposal with members of the Orthodox Jewish Coalition before officials went public.

CUPON Coordinator Hilda Kogut, a retired FBI agent, referred comment to Mogel, though she has been critical of the law and process.

Mogel said CUPON will challenge the law, arguing the village doesn't sufficiently deal with a house of worship's impact on traffic, storm water, community changes, parking and fire services.

Mogel said that while the five-acre minimum could have been restrictive, the law allowing "as many houses of worship on any block without limitation is ludicrous."

"It's shameful the way this process has gone on," he said, accusing village officials of lacking transparency.

Presti has taken exception to those accusations, saying the board members have listened and considered all comments and criticism.

The village recently was hit with a federal civil rights lawsuit challenging the long-standing zoning for houses of worship with its minimum of five acres as onerous for religious freedom. Some opponents — including some Orthodox Jews — wanted the required five acres retained, while advocating the village create a comprehensive master zoning plan.

The lawsuit cites violations of the Constitution's First Amendment, the Freedom of Worship provision of the New York Constitution and U.S. Religious Land Use and Institutionalized Persons Act of 2000, known as RLUIPA.

Since the village offered the draft law, the Board of Trustees has agreed to opponents' demands for development of a comprehensive zoning plan for the entire village.

The zoning has become election issue as two trustees who voted for the measure go before the voters on March 19. Anthony Shaut and Planning Board member Jeffrey Wasserman - who support a comprehensive plan and questioned parts of the law — are challenging Valentine and Van Alstyne.

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