March 4th Public Hearing

On Tuesday, March 4th at 6 pm, the town of Fallsburg is holding a Public Hearing at the Hurleyville Performing Arts Center, 219 Main St concerning proposed changes to the Town Zoning Code.  The venue seats 400 people. There will be no zoom accessibility. The proposed zoning changes will allow “religious” building on property now zoned AG. Fearing lawsuits, the town lawyers have chosen an expansive interpretation of the Federal RULIPA law which offers protection against "substantial burdens on religious exercise". Complying with State codes and local zoning regulations is not considered a "substantial burden". 

 

As well, non-conforming bungalow colonies will now be allowed to become legal and expand by 50% by enabling owners to make renovations based on town code. If these zoning changes are allowed in their current form, it will over ride the 2018 Town Comprehensive Plan and our rural landscape will be changed forever. 

 

These proposed zoning changes are a Type 1 actions under the State Environmental Quality Act {"SEQRA"}. Type 1 actions carry a presumption that the action is likely to have significant ADVERSE impact on the environment {water, aquifer, water distribution systems, wastewater treatment, more clear cut forest, increased demand on the electrical grid, over crowded roadways, community character} that would require an Environmental Impact Statement {"EIR"}. 

 

The Town Board is entertaining these zoning changes without taking any of the above into consideration.  

The County has denied Fallsburg from enacting these changes with a Section 239 review, meaning that the changes are violating the Town Comprehensive regulations.  “The proposed zoning changes could increase non conforming uses, strain natural resources, agricultural land, and infrastructure and negatively impact the Fallsburg Agricultural  District and the greater County Agricultural District #1 and potentially violate RULIPA.” - 239 review from the County.

 

A large public turnout will send a message to the developers that a compromise would be in their best interest. The hearing is your only chance to have the Town Board hear your concerns. Please come early. Sign up to speak and give the Town Board a copy of your comments. The meeting will start at 6 pm. 

 

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More Background on Water Crisis prior to Public Hearing on March 4