I Read The Wall Street Journal, So You Don't Have To

Published today, 11/16/11, this Wall Street Journal article[click on the orange words for a link to the article] is pertinent to our discussion. 

The Supreme Court has twice cast skepticism on the idea that religions could be eligible for extra consideration when faced with a local law they didn't like. In a 1990 ruling, the high court held that while the First Amendment protects an individual's "free exercise" of religion, it does not "excuse him from compliance with an otherwise valid law."

The Religious Land Use and Institutionalized Persons Act (RLUIPA)is something we should all be versed in.

"Under Penalty of Perjury"

"[P]ast supervisor and high-profile Yorktown attorney Al Cappellini" responded to our written submissions with some antiquated language.  He wrote that "Albert A. Cappellini, under penalty of perjury affirms as follows:"... Click on the image below to examine the first page of Mr Cappellini's affirmation.  It's kind of funny, because--in the "following" he goes on to perjure himself several times [editors note: I'm laughing out loud, or as the kids these days would write "lol"].

Please click on the image below to see one such instance.  

Albert A. Cappellini writes that "[t]he Code requires that a house of worship have one parking space for four pews" when--in fact--the Code requires one parking space per 4 pew seats.  

At this point, it is important to note that Mr. Cappellini neglects to note that the engineer employed by the developer has gone on the record that the absolute best ratio of parking spaces per pew seat they can provide is 2.7(the lower the ratio, the more crowded the parking).  But that's another an issue. That's an issue that will be addressed in the special permit process. 

I hereby do declare, under penalty of one bazillion tickles--so many tickles that I cannot breath and collapse in a pool of laughter so deep I never recover--Albert A. Cappellini perjured himself in paragraph immediatlely following his affirmation that his statements would be accurate.

May the enforcement body of Yorktown overlook this obvious instance of perjury for such a well respected fixture of our community. 

DEC App. #3-5554-00298/00001

Mohegan Lake:

I hope this post finds you well.  Though the Yorktown Zoning Board of Appeals correctly took the time to thoughtfully deliberate the 5 zoning variances (3 of which we object to) for FBC until at least December 8th, 2011, we need to gear up and get ready for the next phases of the approval process.  The state Department of Environmental Conservation must approve the application.  There has been no action on the DEC application since 3/14/2011.

FBC's application is incomplete and will not be approved in its current form for various deficiencies For example, the "pervious pavers" proposed for the wetland lot are considered "impervious" by the State and the retention tank below does not constitute a buffer zone between the parking lot and the Class 1 wetlands; the "most desirable and sensitive" of all the designated wetlands.

Additionally, as the DEC engineer conveyed to me, the proposed retention tank under the "pervious" pavers does NOT constitute a buffer from the wetland.  Thankfully the DEC will not approve the wholesale elimination of the required wetland buffer as the applicant has proposed; there is no precedent for such action.

However,  we must be prepared.  There will be a very short, 15 day public comment period.  The church and the state will not let you know when it begins, but I will make sure you are fully aware when the 15 day window is opened.  Please start drafting your letter outlining the numerous environmental concerns for the proposed new development of a church and school for troubled youths. 

You can monitor FBC's progress with the DEC by clicking on this link to the State's website and entering application #3-5554-00298/00001 (don't enter the # sign).  The image below illustrates what you should see/enter.



If you have any questions or concerns, please feel free to reach out to the DEC engineer assigned to the project, Rebecca Crist.  She is much more versed in these applications than I am.  Her information is as follows:

Rebecca S Crist
21 South Putt Corners Rd, New Paltz, NY 12561
Tel:(845)256-3054
email: rscrist@gw.dec.state.ny.us