The fate of 22 stained glass windows in an historic North Side church remains up in the air.
The Syracuse Planning Commission on Monday again delayed a decision
on whether the windows can be removed from the vacant Holy Trinity
Church building on Park Street.
The building is a locally protected
historic site and the windows can’t be removed without the commission’s
OK.
The commission’s lawyer requested more time to research the building owner’s legal argument in favor of removing the windows.
The parish that owns the building wants the windows to be used in a
Catholic church building in Louisiana. Andrew Leja, lawyer for the
parish, argued it has the legal right to make what is a religious
decision, in keeping with the Catholic church’s mission, to allow the
windows to be used in another Catholic church.
The Catholic Diocese of Syracuse closed Holy Trinity in 2010 and
merged the parish with that of St. John the Baptist. The merged parish
says it has a deal to sell the vacant building to the Louisiana parish
contingent on the removal of the windows.
The Syracuse Landmark Preservation Board in September denied the
request to remove the windows and the parish appealed to the planning
commission.
Leja said the preservation board’s decision goes against the federal
Religious Land Use and Institutionalized Persons Act of 2000.
The act
says without a compelling reason a government cannot implement a
land-use regulation that imposes a substantial burden on a church’s
exercise of religion, Leja said.
The parish also argues that removing the windows is the best way to
preserve them. It says it cannot afford to maintain the deteriorating
Holy Trinity building, which puts the windows at risk.
Preservationists argue that without the windows, the building will
lose its historic value and its best shot for productive reuse.
They
want the parish to hold off on the windows and to look harder for ways
to use the building that protects its history.
Former Holy Trinity parishioners have also argued against removal of the windows.