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June 10, 2003
Honorable Vincent J. Bradley
Supreme Court Wall St.
Kingston, NY 12401
Re: Town of Saugerties v. Gilbert Shott and Shott Rock, Inc.|
Index No. 03-1738 Honorable
Judge Bradley,
I am writing on behalf of CARES (Citizensı Action for Residential Environments in Saugerties), and Intervenors to the Shott v. Town of Saugerties case (Robert and Jacqueline OıLeary, William Muellner and Brian Donoghue). Although we are not considered parties to the injunction matter, please consider this letter as a request and simultaneous submission as an amicus curiae.
Saugerties Zoning Law uses a system of uses and districts to determine where certain activities will be permitted. The Schedule of District Use Regulations provide which uses may occur in which districts. See Saugerties Zoning Law, Exhibit 1. Although Mr. Shott has obtained a declaratory ruling from DEC headquarters that he may remove palletized blue stone without a State Mined Land Reclamation Law permit, this ruling does not address local zoning law and it specifically states "[i]t remains incumbent upon Peitioners to accomplish this activity in an environmentally sensitive manner and in compliance with applicable laws and regulations." See Declaratory Ruling, Exhibit 2 at 6 (emphasis added).
All uses must have a classification. If removal of bluestone is not mining, than indeed, what is it? The Town of Saugerties has put forth the suggestion that the removals might constitute a wholesale trade or business which is not allowed in a residential zone. Shott has contested this decision, and it will be heard by the Zoning Board of Appeals on July 7, 2003. See Zoning Board of Appeals Application, Exhibit 3. Perhaps the use is "Stone, Clay, Glass and Concrete Products" or an accessory use. In any case, we donıt know because the quasi-judicial body that interprets Saugerties Zoning Law has not yet deliberated on this question.
CARES and the Intervenors urge you to delay lifting the injunction against the removal of bluestone until the Saugerties Zoning Board of Appeals has had time to review the matter and issue an opinion.
Very truly yours,
March S. Gallagher
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