A recent ruling by the Zoning Board of Appeals (ZBA), granting a variance to Bob Weigers in developing a parcel of land on Hankins Road, should be reconsidered in light of the wide-ranging effect it would have on the character and quality of the Scenic River Designation that the Town Plan was designed to preserve. 

The repercussions of this ruling will be wide-ranging, felt by people who live on the road, those who live in the town, and those who visit the Town of Tusten.

The River Reporter covered the November 14 Tusten ZBA meeting regarding the Eagles Nest subdivision project on Hankins Road. According to the article, the ZBA has given the project an initial go-ahead.

To use the article to give a synopsis of the meeting: “The project, proposed by Robert Weigers, would subdivide a lot he owns at 437 Hankins Rd. from one lot into two. It needs approval from the ZBA because at least one of the lots will be smaller than current zoning regulations allow, given the size of the current lot.

Ken Klein, attorney for the ZBA, read off a resolution to approve the subdivision at the board’s November 14 meeting.

The original proposal required two variances. The second one required road frontage and lot width exceptions. The resolution found the proposal to comply with most of the requirements for the granting of the variance. It failed a requirement that the circumstance must not be self-created. Weiger had bought the lot recently, well after the zoning regulations had been put in place.”

The article then goes on to say the board felt that because there were other non-conforming lots on the road, that they would vote in favor of the variance. Ken Klein’s resolution did not properly address a very important issue, the Town Comprehensive Plan. The fact that there are pre-existing neighboring lots that have 200-foot road frontage is irrelevant! When these lots were sold and bought they followed the zoning laws at the time. Now others should have to do the same with the current zoning laws.

The 2007 Town Comprehensive Plan specifically calls out the 300-foot minimum lot width requirement and the importance of maintaining that requirement. The comprehensive plan refers to the two “special districts” that were created to preserve the beauty and resources of the Upper Delaware River area and the properties in that area. The plan states, “Minimum lot size area is five acres, and the road frontage is required to be 300 feet at minimum. These requirements ensure stability in property values and help to combat any sprawl in the coming years.” 

The draft 2021 Comprehensive Plan also refers to the “special zoning districts” that “help ensure the preservation of defining qualities” of the Upper Delaware and Scenic Recreational River (UDSRR) corridor as defined and designed and designated as a ‘Scenic Segment’ [of the river]…This District is further intended to preserve the scenic character of the corridor which is presently undeveloped.”

Granting this variance will set a precedent that will negate the Comprehensive Plan’s and zoning code’s 300-foot requirement, and effectively reverse the lot width and frontage requirements for the Scenic River District. 

The town decided that the existing restrictions were not enough to preserve the character and quality of the special designation, hence stricter ones were instituted and have been abided by all other newcomers.

Concerned Citizens of Hankins Road is a group of neighbors who live on Hankins Road in Tusten, NY.