2005-07-11 - Laserfiche WebLink

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MINUTES FROM PLANNING BOARD -2- 7/21/05 (long and short versions) which is a law designed to protect religious assemblies and institutions from zoning and historic landmark laws that substantially interfere with their religious free exercise. It also protects the religious rights of prisoners and other persons in government custody. Rev. Hunt went on to state that he wants to work with the community and satisfy them on every level. One of the reasons for this is that he feels he needs the community and the community needs him. He went on to read from Section 2(b)(2) which states "Nondiscrimination" - No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination." He then went on to read Section 8(5) "Land Use Regulation - The term "land use regulation" means a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant's use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest." He also read from Section 8 (7)(B) "Rule - The use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose." (A copy of this document is on file in the Planning/Zoning offices). Rev. Hunt went on to state that he has tried to cooperate but he feels there is more emotions than logic. If we step away from the emotions of the situation and deal with the logic of the situation - and logic says if the Church is building on the property and meets the zoning regulations as far as the doors, windows, etc. - then we have a right to build. He understands that the feelings are strong - but one of the neighbors said to him if they built the project - it would devalue his property. He does not feel that is the case. Finally, he said to the Board all he wants if for the Board to give him direction on which way to go. Mr. Morris stated he had been given this evening a petition signed by 117 people stating they oppose the alteration of the exterior of the original Bethel Baptist Church. He went on to state that the Planning Board must consider this information in their decision making process. It does not mean the projects stops - it is just something they must consider. Mr. Morris went on to state that the Planning Board has been considered the Architectural Review Board for the Village of Wappingers Falls and one of the concerns that they have is that the current buildings are located in a Historic District. Mr. Morris stated he would like to get a determination from the Office of Historic Preservation on what track the Board should be taking based on the Religious Land Use Act that Rev. Hunt had just given to him~ He would also like to get a legal interpretation of the Law from our Village Attorney. As far as the House is concerned - Rev. Hunt stated they are practically giving it away - yes it has to be moved - but they are still selling it very inexpensive. It also depends on other Boards in the Village to help with the moving of the house - if he does not get cooperation from other agencies in the Village - then they will have to tear the house down - but if the Board does not allow them to tear the house down and the perspective buyer cannot economically move the house -then the Church is between the proverbial