HURLEYVILLE — Nearly 400 people packed into the ballroom of the Hurleyville Performing Arts Center (HPAC) on March 4 for a public hearing on the proposed zoning changes in the Town of Fallsburg. 

The zoning amendments introduce modifications to Fallsburg’s land use laws, addressing religious uses, nonconforming properties, and site plan regulations. The amendments also expand the definition of religious institutions, explicitly defining religious retreat centers and religious schools. 

Legal threats 

and county disapproval

Attorney Steven Barshov, representing proponents of the zoning changes, warned the board about potential legal consequences if they failed to adopt the amendments. 

“I don’t want to sue you. I don’t want to bring an RLUIPA case. I don’t want to sue you in court like the Town of Highland is now, who I had to sue. And the federal judge just the other day said that you do the same thing, there’s an RLUIPA claim now. I don’t want to do that to Fallsburg,” he said.

Barshov argued that the town’s current zoning laws did not properly accommodate religious uses, making the changes necessary to comply with federal law. “Fallsburg amended its zoning code in order to match what the law requires, and that’s what the definitions are designed to address,” he said. “Now, I’ll take a look at the language that’s in those definitions and if there’s some ambiguity, if there’s some problem, I would love to see the Town Board address it because it should be done properly.”

Sullivan County Division of Planning issued a formal recommendation against the zoning amendments. In its review, the county expressed concerns that the changes could lead to an increase in nonconforming uses, conflicts with existing agricultural zoning, and potential RLUIPA violations. The county also criticized Fallsburg for failing to conduct a full environmental review before moving forward with the amendments.

“The adoption of the proposed zoning code will have both immediate and long-term effects,” the county report stated. “It allows for interpretation that could lead to unintended development inconsistent with the town’s comprehensive plan.” The report further advised Fallsburg to update its Comprehensive Plan before enacting the changes to avoid legal and environmental complications.

Water supply

One of the major points of contention was the lack of a hydrological study to determine the town’s water supply capacity. Many residents demanded that the town conduct a water study before making any zoning changes.

When asked about this, Fallsburg Supervisor Bensimon said it has not been done up to this point due to the cost of the study, and he understands that water study is under way by the county.

Sullivan County Planning Commissioner Heather Brown told the Democrat, “The County has not yet initiated the aquifer/groundwater study. The Sullivan County 2025 Operating Budget includes $250,000 for matching funds for the study. We have requested an additional $250,000 from the State via our Assembly and Senate representatives. Once all funding has been secured, an RFP for the full scope of the study will be issued to secure a vendor. Given the uncertainty about funding, I do not have a timeline to provide at this point in time.”

The town board voted to leave the public hearing open for 30 days to allow for more written comments and for them to review the county’s recommendations.

Part One of this story can be found in the March 7 edition of the Sullivan County Democrat.