FORESTBURGH- The State Attorney General is demanding that Forestburgh Town Supervisor Dan Houge and the town board review and make changes to Local Law 3 which the office says imposes unfair zoning restrictions on houses of worship. Specifically, the letter from the attorney general says the local law targets and discriminates against the Jewish community.
According to the attorney general, the town’s Local Law 3 establishes unreasonable zoning requirements for places of worship. One provision of the law requires houses of worship in residential districts to have 200-acre side and rear yards, which is double or even quadruple the requirement for secular buildings that would accommodate the same amount of people. An April 19 letter also indicates that the town has failed to provide any reasonable justification or explanation for these zoning requirements.
The letter comes amid a multi-year battle surrounding the development of a 3.3-square-mile property. Developers say town officials have blocked their effort to build homes on the property despite the site being pre-approved for development. The owners of the property have filed a federal lawsuit against the town and its officials claiming they are being blocked from constructing homes because of their religious beliefs.
In a 2022 interview, Steven Barshov, a co-counsel for the property owners, Lost Lake Holdings LLC and Mishconos Mazah LLC, said the opposition comes down to an effort to block religious Jews from moving into the town.
“There is no mystery. The owners of the property are Hasidic Jewish and the allegations in the complaint go into great detail as to why it is the result of anti-Semitism,” he said.
According to Barshov, the previous owners of the property, Double Diamond, a Texas developer, had received town board approval to construct over 2,600 units of single-family, condominium, townhouse and cottage units along with recreational and community amenities and a golf course. His clients are seeking to do the same, however, their efforts have been blocked.
The federal suit between the property owners and the town is ongoing and in April 2023, the U.S. Attorney for New York’s Southern District issued a “statement of interest” in the case.
In addition to concerns about the local law, the letter from New York Attorney General also expressed criticism with town officials for not following the state’s Open Meetings Law.
“Based on our review of publicly available minutes from the Town’s meetings, the OAG has specific concerns regarding the Town’s compliance with its duties and obligations under the Open Meetings Law,” the letter read. Specifically, OAG questioned whether the required 24-hour public notice was made prior to meetings and if meeting minutes were recorded.
If town officials decide to make revisions to Local Law 3, the Attorney General has requested the town provide the proposed amendments to her office for review before their enactment.
A full copy of the letter from OAG can be found HERE.
