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This article was published 13 year(s) and 7 month(s) ago

Compromise reached in Lynn church battle

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December 31, 2011 by [email protected]

LYNN – A Latino church suing the city for alleged federal civil rights violations after it was not allowed to open a church on Anchor Road was granted permission to use the building on Christmas and will likely be allowed to temporarily hold services at the location, according to city attorney James Lamanna.”As long as we see they are working to resolve the sprinkler issue and handicap [accessibility] issue, the building department has indicated a willingness to allow them to have temporary services,” Lamanna said Friday.Lamanna said the parking limits in the church lot, which prompted the city’s decision to refuse the church to open, would be addressed by “stacked” parking – or lines of parked cars where only the car at the head of the line can pull out of the space – to accommodate up to 122 people.”Hopefully, if people leave and arrive at the same time it will have minimal effect on on-street parking concerns,” he said.But the city and church remain at odds.”I think in one respect, they were relieved to get in and finally use their property,” said Attorney Noel Sterett of Mauck & Baker law firm in Chicago, which is representing the church, Iglesia Cristiana Renacer. “But they are also wondering, ‘Why did it take this long and take a federal lawsuit?'”Ward 1 City Councilor Wayne A. Lozzi also expressed concern.”I’ve heard feedback and disappointment about [it being] done via the court rather than having the neighbors to have a say of it,” Lozzi said. “This heavy-handed type legal action, it kind of forces the city to bend over backwards to demonstrate they are not discriminating against the church.”Iglesia Cristiana Renacer filed a federal lawsuit Nov. 3 alleging the city violated its freedom of religion when the Zoning Board of Appeals twice rejected the church’s request for a variance to parking requirements of one space per three occupants at its Anchor Road location. The lawsuit cited the Religious Land Use and Institutional Persons Act that protects churches from discrimination through arbitrary zoning decisions.Minutes from the board cite more than a dozen reasons for denying the variance, including traffic, public-safety concerns and “strong neighborhood opposition” to drug and alcohol counseling programs churches typically hold.At a preliminary injunction hearing in federal court Nov. 30, attorneys for both sides agreed the church could hold services if the building meets code and occupancy guidelines approved by the building inspector.For the Christmas service, the one-day permit allowed for 40 “stacked” parking spaces, translating to 122 people permitted inside the building, Lamanna said.Lamanna said Friday his office received no complaints about the service, which he said approximately 30 people attended. The church also held a service at its Munroe Street location.But Lozzi expressed concern that allowing stacked parking – which Lamanna noted was not allowed elsewhere in the city – set a precedent.” I don’t know if people in Lynn think that’s a good idea, whether it’s [at the church] or anywhere in the city,” Lozzi said, echoing concerns of two neighbors who responded to a letter he sent out informing them of the Christmas service.City Council President Timothy Phelan, whose property abuts the Anchor Road site , did not respond to request for comment.All officials agreed the court would eventually determine the parking allowed for the church. Lamanna and Sterett said the pretrial schedule will be determined next week and predicted the church will apply for permission to hold further services.

  • cmoulton@itemlive.com
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