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Board of Appeals Made Inadequate Efforts to Accommodate Religious Use
Matter of United Full Gospel Church of God v. Board of Appeals, Village of Valley Stream NYLJ 9/29/21, p. 17, col. 2 Supreme Ct., Nassau Cty (Voutsinas, J.)
In an article 78 proceeding, the church sought to annul the Board of Appeals' denial of a special use permit. The court annulled the denial, holding that the board made inadequate efforts to accommodate the religious use.
The church sought to use a building formerly used s an office for establishment of a religious use accommodating 125 congregants. Because the proposed use would involve more than 50 occupants, a special use permit was required. The size of the congregation would also require an area variance for waiver of off-street parking requirements. The board denied the permit and variance because the proposed assembly place failed to comply with the state and local fire regulations, because the use would negatively affect abutting properties, and because the church would provide no off-street parking. The church brought this article 78 proceeding to challenge the denials.
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