Warnerville warming station can reopen

1/12/2023

By Patsy Nicosia

Warnerville warming station can reopen

That’s the message the Warnerville United Methodist Church is sharing in thanks over the Zoning Board of Appeals’ quick ruling Wednesday, reopening its warming station.
Nearly 50 supporters—only half of them Methodists—rallied in front of the WUMC before the hearing, standing side-by-side with posters asking “What would Jesus do?” and “If not us, then who?” and sharing the tiny congregation’s mission to “Love your neighbor,” with reminders that “Blessed are the poor,” and “Everyone deserves a warm place to sleep.”
With attorney Fred Mauhs leading the way, they took those messages with them to the firehouse.
An hour later, ZBA chair Steve Swenson offered a motion that the warming station “is not in violation” and unanimously, it was over.
Catholic Charities will be running the 10-bed, facility in the church annex for those needing overnight shelter when temperatures drop below 32 degrees.
It had already been open for a few days in November until Richmondville Code Enforcement Officer Jay Belfiore issued a cease and desist order charging a warming center wasn’t a permitted use, closing it down.
Mr. Mauhs challenged that decision in his filings to the ZBA and again Wednesday.
Not only have churches historically sheltered the homeless, he said, the courts and case law have repeatedly ruled in their favor.
Mr. Belfiore’s cease and desist order was illegal and so flawed, it could have been ignored, Mr. Mauhs said.
“It didn’t need an interpretation, it needed a waste basket,” he said.
“Offering shelter is an essential church activity. Churches can just do it. They don’t have to check it with zoning.”
Adam Scibek of Richmondville told the ZBA he’s not a member of the Warnerville congregation, but supports the church’s work.
“This is simply a place people can spend the night,” he said. “These people are suffering.”
Mike Costello, attorney for Catholic Charities, pointed out “the record does not show any opposition whatsoever,” to the warming station and in fact, no one spoke against it Wednesday.
“These are your siblings, your children, your brothers and sisters,” said Catholic Charities CEO Betsy VanDeusen.
Bonnie Jorgensen of Middleburgh said she was there to support WUMC’s Fran Sossei.
“That’s Fran,” she said. “Making sure everybody is okay. The need is there. The people are there.”
“I so wish we didn’t close,” WUMC Pastor Maryellen Moore said, “but we can do something about it tonight.”
Anna Blinn Cole, pastor at the Cobleskill UMC, said they stand behind their sister church and asked which of their ministries would be the next to be challenged.
“As a church, we are confident God has led us to this ministry,” Ms. Sossei said.
The ZBA agreed.
In a written decision filed Friday by Mr. Swenson, the ZBA summarized the issue—whether providing the warming station is a religious activity and protected by the First Amendment—and answered yes.
“The operation of a warming station is considered to be a religious use and as a result, the WUMC is not in violation [of zoning law.}
“Further, being that there have been no physical alterations to the lot or its use as a religious institution, no special permits are required from the Planning Board.”