FALLSBURG — “This summer, my well went dry and only recovered after the summer population left. If we don’t address these issues now, our homes and land will lose value,” warned Fallsburg resident and Majestic Farm owner Brett Budde during the January 21 Town Board meeting’s public hearing on the proposed zoning changes.

The proposed zoning amendments would permit greater housing density in areas currently designated for agricultural use.

Budde’s concerns were echoed by many who fear the proposed zoning law amendments will strain water and sewer infrastructure and negatively impact the environment.

Zoning

The proposed zoning amendments were prompted by a legal notice stating that the town’s current laws may not comply with the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), which protects religious institutions from discriminatory zoning regulations.

Passed by Congress in 2000, RLUIPA is a federal law designed to prevent local governments from unfairly restricting religious institutions through zoning laws. It requires towns and villages to show a compelling reason for any regulations that significantly limit religious land use. However, crit 

ics argue that the law is sometimes used to bypass zoning rules, leading to overdevelopment that can strain local infrastructure and resources.

Fallsburg Supervisor Michael Bensimon told the Democrat, “Our attorneys reviewed the claims and determined that some adjustments were necessary to avoid potential litigation. We’re doing the minimum required to ensure compliance.”

Outcry

A packed town hall saw heated exchanges between town officials, attorneys and residents on January 21 during the public hearing.

Rebecca Pratt, a former town councilperson and former member of the Fallsburg comprehensive plan committee, criticized the board’s handling of the public hearing process. In a letter read aloud at the meeting, she stated, “Public hearings are typically kept open for at least a week or until the next legislative meeting to ensure that all comments are heard and considered.” Pratt urged the board to extend the public input period for a more thorough review of community concerns, noting that the original plan was to vote on the amendments that same night.

Resident Joel Brewer argued that the amendments were necessary to correct past zoning restrictions that he claimed unfairly targeted religious institutions like the one he belongs to, calling the law discriminatory. “[Current] zoning restrictions make it literally impossible for us to survive,” Brewer said, adding that his family is growing and he will soon have no more room for his eight children if the laws remain unchanged.

Resident Pam Wagner opposes the changes, emphasizing the importance of preserving the town’s rural character, which she says is vital to the community’s identity.

“Our residents value the rural small-town feel. The increasing number of large religious developments could push us toward urbanization, making our town look and feel more like a city,” she added.

Fallsburg currently has about 13 active construction projects, 21 developments under review by the planning board, and 18 projects that have already received approval.

Environmental groups, including Catskill Mountainkeeper, raised alarms over potential overdevelopment. Jennifer Grossman, a land use and environmental attorney representing the organization, said, “We are already struggling to fund essential services and urgently need millions of dollars to repair and upgrade our aging water and sewer systems.”

Grossman also announced that Catskill Mountainkeeper has launched a multi-year campaign to help municipalities strengthen their zoning laws and land use policies. “Over the next two to five years, we will work with grassroots organizations and municipal officials to provide legal and technical support,” she stated.

Resident Brian Hunt who is for the changes told the town board that past zoning laws created unnecessary burdens for religious institutions. “The town created zoning laws a few years back that, while perhaps unintentional, ended up placing discriminatory restrictions on religious institutions. I appreciate the board’s efforts to correct this,” he said.

Other residents pointed to existing infrastructure challenges, particularly with water supply. Fallsburg has issued notices urging residents to conserve water and electricity during the summer as rising temperatures and a seasonal population surge placed added strain on the town’s aging water system.

Next Steps

Following extensive public comment, the board voted to keep the public hearing open, extending the written comment period until February 4. 

“We need time to digest the feedback and consult with our attorneys,” Bensimon said.

Fallsburg has submitted the amendment changes for review by Sullivan County and is awaiting feedback.