Church awaits zoning decision as public objects

By Frances Ruth Harris
GOSHEN — The battle over town zoning at the site of a proposed new church building has not yet been settled.
Members of the public packed the Town of Goshen's Zoning Board of Appeals (ZBA) meeting on April 19. On one side of the controversy is the Orange County Gospel Fellowship, which is challenging the town building inspector's interpretation of town code limiting impermeable surfaces, like buildings or asphalt, to 10 percent . The Fellowship is seeking a variance to allow 38.7 percent of the site to be covered with impermeable surfaces.
The 7.1 acres the Fellowship purchased for its new building is located at the corner of Duck Pond and Old Chester Roads.
On the other side of the controversy are neighbors who say covering such a large percentage of the site will worsen flooding, since rainwater will run right off the impermeable surfaces and onto their properties. They also complained about the expected increase in traffic, especially with large events held at the church throughout the week and year; the effect of development on a scenic corridor; and a diminished well water supply.
The Fellowships's lawyer, Jay Myrow, was nevertheless eager for a timely decision. He told zoning board members Tuesday they could "make their decision tonight."
The board has 62 days to review public comments before making a decision.

Myrow said building inspector Neal Halloran has in his decision gone against land use law, which grants preferential treatment to religious institutions. He cited cases where churches were allowed to build and grow in the public interest.
The Fellowship had complied with all requests made of them, Myrow said, and all that was left for them to do is get the ZBA variance.
Every seat in the meeting hall was filled, with more chairs brought in three different times. Legal and engineering experts present, including municipal engineer Sean Hoffman, town attorney Richard Golden, ZBA attorney Kelly Naughton, and engineer Anthony Trochiano engineer for the Fellowship.
Neighbors of the site came armed with pictures, questions, and challenges to the variance request. Residents gave each board member a prepared handout of pictures and text.
Alan Jorgensen said the area had originally permitted a 50 percent impermeable surface variance but was rezoned to 10 percent, which made the area a residential zone.
"The church should have purchased fifty acres, not 7.1, to build the kind of structures they propose," Jorgensen said. “38.7 percent is outrageous."
He said water already floods into his house from Duck Farm Road, and that the erosion alone would be terrible. One of the secondary buildings is an auditorium — a massive structure, he said.
“Maybe it could go to a 15 percent variance, but that should be tops," he said.
Sean McAllen said the visual impact on the neighborhood would be huge, destroying all he’s worked to build and maintain. He said water run-off will destroy his property.
Michael Callahan, a Deacon of the Fellowship, asked Halloran why it was okay to build the church in the first place.
“How is it realistic to have it okay at one time and not now?" he asked.
Halloran replied that no one expected the Fellowship "would want to build such large and imposing structures on the land with outbuldings, including additional expansion projects."
The zoning board includes Trino Canton, Robert Farfelle, Edwin Garland, Cynthia Hand, Esq., and Frank Leva. Their next meeting is June 7.