Church Road: A Mendacious Development Major Red Flags
Dear Friends and Neighbors
There is a proposed development at 40 & 44 Church Rd., in process for the last 3 years. The developers have evaded filing proper plans, stonewalled building code inspectors and have continually changed what type of development is occurring. According to the latest request, it will now function as a yeshiva. It is unknown if it will be year round or summer only. There will be 103 students living on premises under conditions yet to be specified. There is no mention of what classrooms will be available. There is no mention of the commercial kitchen needed to feed these students on a daily basis. There are major safety and fire road access issues for the expected traffic. All previous work was done without approval and proper inspection for this new use as a yeshiva. The 2 properties were individual properties under different ownership, one a seasonal bungalow colony, the other a single family home.
Below is a synopsis of all the issues involved.
There will be a Planning Board meeting on Thursday, March 12th, 12 Laurel Ave., South Fallsburg at 6:30 PM, hopefully to answer resident concerns and address these issues. These concerns show the extent that the developers have managed to obfuscate their plans, evade legal requirements, all in hopes of rushing through their “new” development to open this summer without proper and necessary safeguards.
YKS: Proposed Yeshiva – 40 & 44 Church Road
1. Unpermitted Construction Still Unresolved
• Shul, decks, bungalow renovations and alterations were built without permits. There are No documented final inspections
• No certificate of occupancy reflecting current or proposed use exists
*The building permit and CO was issued for a 1-family house “owned” by Kathy Farris, who had had sold the property and could not have legally applied for a building permit.
• A “new application” now under consideration does not erase prior illegal construction
• The Board cannot lawfully approve a new use until baseline compliance is verified
2. Change in Occupancy Classification, a Critical Issue
The current proposal shifts usage from a seasonal bungalow colony (low-density residential use)
to an institutional Religious school, including Dormitory housing, and Assembly use (shul)
This means entirely different code classifications under NYS Building & Fire Code:
• Educational occupancy, Residential group occupancy and Assembly occupancy
Each classification carries different requirements for:
• Sprinkler systems, Fire alarms, Fire separation ratings, Egress width, Emergency lighting, Smoke detection and Occupant load calculations
No documentation has been provided showing compliance with any of these requirements.
3. Dormitory Use in a Former Single-Family House
• A single-family dwelling is being proposed to function as a dormitory
• There is no evidence of:
• Required fire separation walls between sleeping rooms, Secondary means of egress, Code-compliant stairways, Fire alarm system, Sprinkler system nor an inspection verifying safe conversion
4. Fire Truck Access is Inadequate
• A 5-foot fence blocks fire access to house and there are Gates in the areas where fire trucks would need to stage
• Road width within former colony is insufficient for Fire Ladder trucks and 45-foot buses
• No formal fire access plan has been submitted nor is there any documentation of Mountaindale fire department review or approval
5. Occupant Load Transparency Failure
Statements at the last meeting referenced:
• 10 families and 103 students with a Possible 150+ people on site
None of the below requirements have been fulfilled:
• No formal maximum occupancy declaration, No documented occupant load calculation, No fire flow analysis and especially No sanitation load verification tied to occupancy
6. No Independent Fire Safety Review has been Submitted
Despite prior concerns, there has been:
• No stamped life-safety plan, No fire protection engineering report, No emergency evacuation plan, No supervision plan for minors nor Any nurse/medical response protocol
7. Special Use Permit Requires Heightened Scrutiny
Although a school is a permitted use in the HR zone:
A special use permit is nonetheless mandatory and requires the Planning Board to affirm that:
• Public health is protected, Public safety is protected, Fire protection is adequate, Access is safe and that this use will not endanger the community
Key Questions for the Planning Board
Has the Town received written confirmation from Code Enforcement and the Fire Department that:
• Are all existing structures code compliant?
• That all unpermitted work been inspected?
• Does the proposed dormitory use meets fire and life safety codes?
• Is Fire truck access adequate?
• Do occupant load calculations comply with NYS Code?
If the answers are no, the Board must refuse to grant approval.
Fallsburg's Future is a community network of concerned Fallsburg residents established in January 2016. Its Mission is to help guide the urban development of the town of Fallsburg and its five hamlets, to promote its sustainable economic development, protect the fragile beauty of its natural habitats and enhance the opportunities and quality of life for all its residents and visitors. We hope to curb the suburban sprawl that is threatening to overwhelm the town’s physical infrastructure and destroy the natural beauty that the area depends on for its future development. See us on Facebook and our website Fallsburgsfuture.com.