Recent rule changes that would greatly impact the local summer camp scene brought attorneys for some of Wawarsing’s summer camps to the Town of Wawarsing board meeting on October 7, during a continuation of the public hearing on the draft of changes to the town’s zoning.

The revision of Wawarsing’s zoning has been a long and complex process that began several years ago, after the long-postponed revaluation of assessment that was completed in 2015.

Zoning is inherently complicated. In our area there are many legacy issues produced by structures and rights of way that were put in place before zoning began in the 1970s. Modern zoning codes have to embrace lot sizes, lot restrictions, water and sewer/septic matters, road cuts, and many other elements.

Among the legacy issues in Wawarsing are the 21 summer camps, which include Ukrainian and Pentecostal camps, as well as 17 varied Jewish camps. Some of the Jewish camps are large, with up to 800 children on-site at the peak period. The town has had a history of efforts to enforce safety rules and building codes at some camps, though not all.

The revised zoning codes for the town were accepted by the Wawarsing Town Board in 2019. However, revisions continue as finer details come up for review. Recently a moratorium on development and construction was put in place while certain revisions were undertaken. That moratorium has continued month by month while the laws are reviewed and revised.

With final passage after the public hearing on the agenda, the meeting on Thursday drew several comments. It began with attorney Bruce Perlmutter, representing clients who operate several Jewish summer camps. He spoke at length and addressed the issue of the definition of a “place of worship.” This was related to section 112-4 in the Zoning Law. A place of worship, he noted, included “places of religious retreat, residence and study.”

Perlmutter noted that on May 29, 2019, the town law was changed after the New York State Appellate Division ruled against the town on whether a camp with a religious purpose is part of a place of worship. Perlmutter said he felt the change, in which the town law now states “place of worship, use of land, buildings, and structure for religious observance, including a church, mosque and synagogue,” was an attempt to get around the Appellate court ruling. Perlmutter then referred to the Federal Religious Land Use and Institutionalized Persons Act (RLUIPA), which has been used in many cases nationally to favor religious organizations. Perlmutter asked why the Town of Wawarsing had excluded schools and camps from “places of worship.” He felt this went against the Appellate Court decision.

Raising particular ire, he said, was the requirement in the new zoning that a maximum of only 10 campers would be allowed in any sleeping quarters such as dormitories. To go with that the town requires 125 square feet of floor space for every camper.

Perlmutter said that the “entire draft” of the town’s new proposed zoning law was set against houses of worship, religious schools, religious camps, religious organizations, and legacy organization that have operated in the town for 70 years or more.

Following Perlmutter, Jeff Kaplan, representing several camps, spoke against some of the new restrictions in the zoning code. In particular he mentioned the 250-foot setbacks from all property boundaries, and the 75-foot spacing required between dormitories or cottages. He said, “You want to literally prohibit every camp,” adding, “no camp in the county would meet that requirement.”

Kaplan was followed by a Mr. Hecht, of Camp Emunah, who noted that his family had been running their camp in the town for 70 summers, but that some camps in the area go back 100 years. He noted the good relations his family had had with the town over the decades. “I practically grew up here in the Town of Wawarsing.” He felt that the conditions to be imposed were going to render all the camps non-conforming to the new zoning and he requested the town board to vote “No” to the new zoning law.

The town board decided to hold off on their vote. The town supervisor, Terry Houck, has met with attorneys this week and the town is now formulating its response to the concerns voiced by the camp operators and their attorneys.