[Massplanners] FW: Zoning and housing units on Church Properties

[Dwight Merriam]

Here in Connecticut:

*Substitute for Raised H.B. No. 5174*
Session Year 2024
AN ACT CONCERNING TEMPORARY SHELTER UNITS FOR PERSONS EXPERIENCING
HOMELESSNESS OR REFUGEES LOCATED ON REAL PROPERTY OWNED BY RELIGIOUS
ORGANIZATIONS.To allow the installation of temporary shelter units for
persons experiencing homelessness on real property owned by religious
organizations.

https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&which_year=2024&bill_num=5174

Regards,
Dwight Merriam, FAICP
www.dwightmerriam.com


On Thu, Apr 11, 2024 at 11:16 PM Daniel Fortier via MassPlanners <
massplanners at masscptc.org> wrote:

> Thanks! So, we can assume a court battle under Chapter 40 Section 3 for
> religious entities building zoning exempt housing on Church properties. The
> linked paper, below, suggests the Religious Land Uses and Institionalized
> Persons Act (RLUIPA) could provide enough of an argument.  Since RLUIPA and
> the Dover Amendment dovetail nicely, maybe a case can be made for these
> type of projects.
>
> https://www.yalelawjournal.org/feature/churching-nimbys
>
> Maybe we should be promoting the Yes In God's Backyard slogan to get
> housing built. The Yale Law Journal article is from February 2024, so
> fairly new thinking. It looks like the test is that the Church firmly
> believes that providing shelter, whether short-term (homeless shelter) or
> longer term (senior housing, affordable housing,  mixed income housing) is
> a part of their religious mission, then it would fit the RLUIPA test and
> probably Dover Amendment.
>
> Daniel Fortier, AICP Retired Planner
>
> On Wed, Apr 10, 2024, 7:27 AM Hurley, Margaret (AGO) via MassPlanners <
> massplanners at masscptc.org> wrote:
>
>> FYI this may help (from an MMLA colleague)
>>
>>
>>
>> Best,
>>
>>
>>
>> Margaret
>>
>> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Town
>> Planner via MassPlanners
>> *Sent:* Tuesday, April 9, 2024 10:00 AM
>> *To:* massplanners at masscptc.org
>> *Subject:* [Massplanners] Zoning and housing units on Church Properties
>>
>>
>>
>> CAUTION: This email originated from a sender outside of the Commonwealth
>> of Massachusetts mail system.  Do not click on links or open attachments
>> unless you recognize the sender and know the content is safe.
>>
>>
>>
>> Good morning All,
>>
>>
>>
>> Applauding all who are working on solutions to our housing crisis!
>>
>>
>>
>> Do we know (is there case law or local legal opinions) whether housing
>> (temporary or permanent) is a Dover protected use if on Church/Synagogue
>>  property?   With many religious institutions stepping up to house those in
>> need, the question comes up regarding the level of permitting or oversight
>> that Zoning allows.   Appreciative of any feedback, experiences etc.
>>
>>
>>
>> Best,
>>
>>
>>
>> Sue Brown, RLA
>>
>> Town Planner
>>
>> West Newbury
>>
>> townplanner at wnewbury.org
>>
>> (978) 363-1100 x125
>>
>>
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