FORESTBURGH- Officials in the Town of Forestburgh are pushing back against accusations made by the Office of the Attorney General (OAG) that the town passed a zoning law that discriminates against Jewish property owners. In a statement issued by Dan Houge, the town’s supervisor, he says that the OAG “seriously mischaracterized” the issue and “misled a wide variety of media outlets and others.”
According to a letter issued last month by the OAG, the town’s Local Law 3 requires houses of worship in residential districts to have 200-acre side and rear yards, much greater than that of secular buildings with the same capacity. Houge says the OAG is incorrect because the law contains no such requirement.
“It [Local Law 3] stated that the setbacks the code required were 200 acres, when, in fact, they were 200 feet,” Hogue said. “The entire tone of the press release served to legitimize the complaint of a disappointed and frustrated developer by saying that these were the statements of the Attorney General. It injected religion into the discussion to inflame when what is actually the root of the dispute is that this developer wants to use the property it bought for a use that was not part of the approved Master Plan for this resort development, and it refuses to comply with the legal procedures in place to obtain approvals for what it seeks to do.”
The developer to which Houge is referring is Lost Lake Holdings LLC. Lost Lake Holdings and the town have been engaged in a multi-year battle regarding the development of a 3.3-square-mile property located in the town. Developers say town officials have blocked their effort to build homes on the property despite the site being pre-approved for development and have filed a federal lawsuit against the town and its officials claiming they are being blocked from constructing homes because of their religious beliefs.
Houge says the reason the developer has not been approved to build is because the way in which the project is set to be constructed is not consistent with the approvals that were granted to the prior owner, from which Lost Lake Holdings purchased the approved project.
“Rather than seeking permission to amend the zoning code and requirements for this district, this new developer has sued Forestburgh in six separate lawsuits and six appeals, which we have defended and to date, have prevailed in,” said Hogue.
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.
For his part, Hogue believes that the OAG’s letter was prompted by the disgruntled developer whose property is not impacted by Local Law 3 and is calling on the OAG to issue a public apology to the town.
“Not surprisingly, it is the inflammatory language of the press release that has been repeated in the media and social media. Being falsely accused of religious discrimination is hurtful and dangerous. Forestburgh, its officials, and residents have received unwarranted vitriol that were fueled by the First Deputy Press Secretary’s inappropriate and, in fact, libelous statements. A public apology is warranted,” the supervisor said.
A copy of the Town of Forestburgh’s response to the OAG can be found here: 2024.04.29 Forestburgh Response to Faber
