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Thursday, March 6, 2008

Religious Retreat Hits a Hurdle

By Laura Nesbitt
Mountain View Telegraph
    A district judge has decided to send the Torrance County Commission's approval of a special use permit for a controversial religious retreat back to the county attorney for a rewrite.
    On Monday Judge Kevin Sweazea asked Dennis Wallin, county attorney, to amend the commission's decision of last April granting a special use permit in the Manzano Mountains to Jim Bouton to more clearly reflect what the commissioners considered.
    "Once that's done I'll make a decision," Sweazea told the parties and their attorneys.
    Catherine Davis, attorney for Scott Garrett who is appealing the commission's ruling from last April, will then have two weeks to decide if they will challenge the judge's decision.
    Sweazea's decision means that the commissioners will review the amended notice at a public meeting but the public will not have a chance to make any input at the meeting regarding that notice, Wallin said in an interview after the hearing.
    Bouton first approached the commission in 2005 to build the retreat for about 800 people who would converge on a 500-acre property near Torreon for four days out of the year. He was initially denied approval by the county Planning and Zoning Commission.
    In 2006 Bouton returned to the commissioners requesting a special use permit which was also denied.
    Bouton then appealed the commission's decision in Estancia District Court and was granted another hearing.
    In April commissioners approved Bouton's special use permit with several conditions which partially include:
   

Use is permitted for only four days per year.
   

Bouton must build a permanent restroom and shower facility that meets all state regulations, or a sufficient number of chemical toilets with not less than two hand washing facilities must be placed on the property during the four-day gathering.
   

No smoking or open fires will be allowed on the property.
   

Bouton must build ingress, egress and parking for all vehicles on graded, graveled and maintained parking areas to prevent fires being started by motor vehicle exhausts, catalytic converters or other causes.
   

Bouton must construct and maintain a graded gravel road around the facility wide enough for large emergency vehicles.
    In an interview after the hearing, Garrett, owner of Manzano Mountain Retreat near the Bouton property, said his concern is that the two access roads from N.M. 55 are not adequate for emergency vehicles.
    Garrett will consider an appeal if the judge does not require a two-lane or an emergency access road from Bouton's planned retreat.
    "That's the sticking point. It's always been the sticking point," Garrett said.
    There have been two wildfires in the area in the past two years, Garrett said. One was caused by lightning and burned about 200 acres, he said. The second was the Ojo Peak fire, which burned nearly 7,000 acres. That fire was about two or three miles from his property, Garrett said.