Organization seeks variances; Much of the work already completed

Posted 8/21/12

CUDDEBACKVILLE, NY — Since 2001, Dragon Springs Buddhist, Inc. (DSB) has built a sprawling facility in Cuddebackville that includes three temples, residential buildings, a meditation hall, a …

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Organization seeks variances; Much of the work already completed

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CUDDEBACKVILLE, NY — Since 2001, Dragon Springs Buddhist, Inc. (DSB) has built a sprawling facility in Cuddebackville that includes three temples, residential buildings, a meditation hall, a visitor center and a man-made lake and more. The facility is used by people who practice what the organization’s website calls “the spiritual meditation discipline called Falun Dafa, or Falun Gong.” Now, the organization is seeking four variances from the town zoning board of appeals (ZBA) that would allow DSB not to conform to parts of the town code.

At a public hearing on August 18, which was continued from the public hearing from the month before, residents in the town and others testified that DSB should not receive the variances for the projects, some of which have already been completed.

Resident Frank Ketchum addressed construction of a bridge that replaced a smaller bridge over a tributary to the Basher Kill River on the entryway to the facility. He said “The Fulon Gong has built an enormous facility inside that entrance much that has never been approved prior to its completion, and some that has no approval today. Their MO is to build first and then try to get some kind of approval later.”

Andy Willingham, an engineer retained by Basha Kill Area Association (BKAA,) reviewed the variance requests. He said, “There are many ongoing violations with the DEC and the town.” One of the violations he addressed was that the entryway or driveway is improperly pitched, so that water from it could flow onto the public Galley Hill Road and freeze, causing a danger to the public.

In its application, DSB said the driveway is constructed so as to divert water away from the public road. This was contradicted from testimony from the town highway superintendent and the town engineer.

Another concern is that the driveway was supposed to be a maximum of 50 feet wide; but the one DSB built was 83 feet wide. The DSB application for the variance to allow it to remain said this was for safety reasons. Willingham contradicted this and said a fire truck or other emergency vehicle is only eight-and-half feet wide, and can easily negotiate the narrower width.

Perhaps the most contentious issue is that DSB wants to install an eight-foot-high chain link fence around the entire property, which consists of about 400 acres. The fence would cross or be placed on the banks of seven streams, four of which are regulated by the New York Department of Environmental Conservation (DEC). In a letter to the town engineer, DEC wrote, “DEC staff have determined that it is unlikely that fence installation in the bed or banks of the streams would meet permit issuance standards.”

DSB said the fence is necessary to protect members of the Fulon Gong, who, it has been widely reported, have been persecuted by the Chinese government, where the practice originated. Resident Sarah Fields wrote in a letter to the ZBA, “The Chinese government has many resources. If they desired to harm anyone in the Falun Gong community, they could do so… A fence would not keep them out.” She also noted that the fence would have a negative impact on the environment, wildlife and property values.

DSB has also begun the process of gaining permits to build a 400-room hotel and 620 townhouses.

In June 2014, DSB settled a lawsuit with the Town of Deerpark, and one of the stipulations was this: “Dragon Springs shall, to the extent required under the Zoning Code and all other applicable laws, rules, and regulations, apply for and obtain any and all permits or approvals as may be required by law for such changes or expansions before undertaking same.”

It appears that was not done in the case of the projects for which variances are now sought. The ZBA has not yet made a determination about the matter.

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