Chestnut Ridge’s HOW Law Squashed by NYS Supreme Court

Six years ago, Chestnut Ridge’s board created a House of Worship law, but in doing so, it neglected to follow its own local zoning/land use laws or comply with the County’s regulations. 

Justice Hal B. Greenwald rendered a favorable decision on May 27 to the three plaintiffs who filed an Article 78 lawsuit against the Village, declaring the 2019 law null and void. The Court affirmed all three causes of action in the Article 78, with Greenwald writing “The Village Board failed to comply with SEQRA (NY State Environmental Quality Review Act) by neglecting to identify likely significant adverse environmental impacts on water and that the village relied on site-specific analysis.” Bypassing the law allowed an environmental review to be put off until each project appeared before the village planning board for approval.

Saying the Defendants offered no evidence to demonstrate that the Village Board referred the proposed law to the County prior to enacting it, Judge Greenwald noted the village’s acceptance of a “Broker letter” failed to satisfy the legal requirements.  The Court ruled homes that become houses of worship (a/k/a HOW) are obligated to be referred to the County planning agency prior to enactment, as required by statute. 

The proliferation of HOW’s has become an ongoing issue in the Town of Ramapo, where many seek to create a place where they can meet and worship that can be walked to. Now that the HOW law has been declared null and void, it’s back to the drawing board for Chestnut Ridge, which is obligated to comply with the Court’s decision, although there’s little doubt the ruling will be rebutted. Mayor Rosario Presti was not available to comment.