Joan and Werner Wustrau only wanted to be able to access the 40 acre landlocked property that had been in Joan's family since the 1800's.  The property in Gardiner stretched up to the top of the Shawangunk Ridge, coveted and "sacred" land to the regions environmental group who wanted to control use by any means available, regardless of the ownership. The Wustrau's property had a deeded right of way and an old road that hadn't been used since the 1950's by Joans father.  Now, hiking to the top of the Shawangunk Ridge property was getting more difficult for the Wustraus', but they still wanted to be able to picnic and enjoy the property. 

So, the Wustraus sought a variance form the town of Gardiner before the new Shawngunk Ridge protection law went into effect, enabling them to put in a driveway, which the Gardiner ZBA rightfully granted.  However, a group of environmental zealots and self appointed police of the ridge called the Friends of the Shawangunks decided to file a lawsuit again the Gardiner Zoning Board of Appeals (ZBA) and the Wustrau family in the summer of 2007.  The suit accuses the ZBA of "segmenting" the State Environmenatal Quality Review Act (SEQRA) process by allowing a driveway without considering any plans for a possible future house on the lot.  The Wustraus have said they don't plan to build a house at the site, and didn't ask the town for a variance based on that.

The zoning on the lot would only have allowed for a driveway up to 2,500 feet, but the ZBA granted the variance for a longer one since it was the only means to access the property.  The ZBA's original July 26 2007 notice of decision said that the extra-long driveway would not affect the environment.  It also said that because most other neighbors have similarly large lots - the Wustraus own about 40 acres - many of them would not be even able to see the driveway from their houses.    The town also contended that the long driveway was an "unlisted" action under the state law, whIch means that the property faced a light environmental review.

On February 6, 2008, Ulster County Supreme Court Judge Christopher Cahill threw out the Friends' lawsuit.  Calhill wrote in his decision that the ZBA had gone above and beyond the call of duty during the SEQRA process.  Judge Cahill said that the driveway proposal was a "type II" action - meaning it should not have had to go under any environmental review.  The judge also rejected the contention of the "Friends' that the ZBA did not have the authority to grant an area variance.  

However, language taken directly from the Town of Gardiner website regarding the function of the ZBA is as follows:  "The Zoning Board of Appeals is authorized to hear appeals from and review any order or decision made by the Zoning Enforcement Officer with respect to the town Zoning Local Law. The Board is authorized to grant either a 'use variance', which allows the applicant to use the land for a purpose not otherwise allowed or prohibited by the regulations, or to grant an 'area variance', which allows the applicant to vary the dimensional or physical requirements of the applicable zoning regulation (i.e. setback distance). "  This is exactly what the ZBA did in the case of the Wustrau driveway. 

However, the judges' decision was not good enough for the Friends, and in March of 2008, the Friends decided to appeal the Ulster Count Supreme Court's dismissal of their Article 78 Lawsuit.   On the Friends website, they state "The Friends of the Shawangunks does not believe that the Court substantively addressed our contentions regarding the scope of the Gardiner Zoning Board of Appeals'; authority to grant a variance from certain of the Ridgeline restrictions. We continue to believe that the language of the Ridgeline local law precludes certain variances that the ZBA granted in this case. We also believe the Supreme Court was simply wrong when it concluded that the "action" was a Type 2 action under SEQRA (NYS Environmental Quality Review Act) because the ZBA determined that it was an Unlisted action. In addition, we think that the segmentation arguments that we made should have prevailed. As we continue to believe that the ZBA decision granting the variances was in violation of both the Ridgeline local law and SEQRA, we have decided to appeal the decision. "

The Friends could not stand the thought that the Wustraus would be able to build a driveway and access and use their land, as was their right, and went to great pains and trouble to prevent them from doing so.  However, on November 6, 2008, the State of New York Supreme Court, Appellate Division, Third Judicial Department, upheld Judge Cahills ruling and threw out the Friends appeal citing "the ZBA determined that the driveway will not have a substantial impact on the community in that the size of the lots in the surrounding area, as well as the abundant natural screening, will ensure that the driveway will not be visible from a nearby road or other houses.  Finally, the ZBA determined that respondent's hardship was not self-created as they owned the parcel long before the zoning restrictions were enacted".  

In regards to the Friends assertion that the ZBA was acting outside their authority, the court said "...zoning boards of appeal are invested (by the Legislature) with the power to vary zoning regulations in specific cases in order to avoid unnecessary hardship or practical difficulties arising from a literal application of the zoning law"  

The Friends of the Shawangunks have been involved in land lawsuits over the years with various property owners on the Shawangunk Ridge.    The Friends seem to want to control the ridge properties "by any means", and according to their spring 1997 newsletter, they promised its members it would begin "an aggressive campaign to acquire more open space in the Shawangunks.  Land acquisition is a main priority for us."  

H Neil Zimmerman is the President of the Friends of the Shawangunks.  He is tied to the New Jersey Trail Commission as well as the Minnewaska State Park Plan Advisory Committee, and is a longtime activist again any development on the Ridge.  According to the Winter 2007 Friends Newsletter welcoming Neil as the new president, "Neil says although this appears to be a bit of a quiet moment here in the Shawangunks there is always something bubbling up that has to be monitored. Certainly the pressures of development on and around the Ridge have never been greater and will continue to represent the greatest challenge. Friends has grown increasingly concerned over recent years with the situation in the Southern Shawangunks and Neil hopes we can play a helpful role down there."