The following is an open letter to the Town of Tusten Planning Board.

Dear Planning Board members: 

I was pleased that I was able to attend your most recent planning board meeting on February 28. I appreciated the opportunity to speak. However, it appeared that for some reason the board is already, prematurely, strongly in favor of granting the requested variance, incorrectly referred to as a “Special Use Permit,” despite significant community opposition and despite the language, intent and guiding principles of the recently adopted Tusten Comprehensive Community Plan, which several of you helped to develop and which was just completed in the spring of 2021.  

This plan serves as a blueprint for our community, as it sets policies for zoning and building codes.  

It should not be casually disregarded, especially where, as here, the requested variance will provide no benefit to the Tusten community. 

The requested use, no matter what its label, will force increased costs onto our town for road maintenance and repair, emergency calls requiring fire, ambulance or police response, etc., costs that will never be offset by taxes, as the Bobov organization is tax exempt.  

Is this a special use? 

Bobov intends to purchase the property for the sum of $5 million, ostensibly to build and run a summer residence for up to 150 boys to live, swim and study during the months of May to October only. Because the R-2 zoning now prohibits a camp, the Bobovs have labeled its intended use an “Education Retreat,” (a title not defined by the town or the Bobovs) attempting to fit within the R-2 zone Special Use provision for “Educational Institutions,” which the Bobovs have not claimed to be.

R-2 zoning does not permit summer camps as a special use. The planning board is willing, perhaps eager, to accept the application at face value and grant a special use as an education retreat, despite opposition from the community. The board takes the position that “Well, if it’s not a camp, we are powerless.”

The board is apparently convinced that because this applicant has denominated its intended use as an “education retreat,” the board lacks any power to look behind the label and scrutinize the facts.  

The actual fact is that the use will be a camp—a use not permitted in the R-2 zone. Indeed, even a representative for the Bobovs called it a “learning camp” during the public hearing on January 24, 2023, and Mr. Rosenfeld said on May 24, 2022, that its use would be “like a camp.” 

The position of the board is absurd. If land use as a hospital/abortion clinic/medical center were banned, an applicant could not disguise its true purpose by calling itself a “health fair.” Nor could a prohibited child care center disguise its true purpose by calling itself a toddler modeling agency.  

And as noted above, regardless of label, the facility will entail costs to the town that will not be recouped through taxes from this tax-exempt organization.

Is the intended use a summer camp?

The Town of Tusten Zoning Law on page 13 defines a children’s camp as “a facility including buildings for eating and sleeping, and amenities such as swimming pools, baseball fields, and tennis courts which are available for use by youth.” (See www.townoftusten.org/sites/default/files/fileattachments/planning_and_zoning/page/2342/zoning_law_-_adopted_2017.pdf.) 

The Bobov plan is for a camp under our town law’s definition. Any other title is a sham. No matter whether the children spend the summer months in the study of religion, archery, nature or macrame, this will be a children’s camp. 

The town planning board has the power, the responsibility, indeed the duty to its constituents to deny this requested variance disguised as a special use application. I respectfully request that you vote NAY, and refer the application to the Zoning Board [of Appeals], where this application belongs. 

Additional issues not yet addressed

If the planning board is motivated to vote “Yea” for fear of being sued by the Bobov legal representative who boasts of his many wins, the board should discuss this with the town attorney and reassure themselves that they will not incur any personal liability and that the insurance company for the town will represent them.   

To the extent that any one or more members of the planning board no longer have the interest in or allegiance to the town to follow its comprehensive plan, please be assured that your disinterest will be noted and your seat replaced. Many members of the community are upset by your apparent willingness to disregard their interests, and disregard the Comprehensive Community Plan. 

Thank you for your time and attention to this matter. 

Denise M. Dunleavy is a member of the Beaver Brook Owners Association.