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March Gallagher August 4, 2003
I am writing to you on behalf of the individuals who intervened in the Shott v. Town of Saugerties case, Robert and Jacqueline O'Leary, William and Peter Muellner, and Brian Donoghue. As residents of Morse Road with property directly adjacent to Mr. Shott's parcel, these parties have standing before the Zoning Board of Appeals with respect to Mr. Shott's claim regarding nonconforming use and pre-existing business. On behalf of my clients I must object to the further delay of the hearings for Mr. Shott's claims. The claims were originally filed with the Building Inspector's office on May 1, 2003 and the hearings were accordingly first scheduled for July 7, 2003. The meetings were then moved to a likely date of August 4, 2003 and have since been rescheduled again to the September 9, 2003, meeting of the Board. The delay in proceedings is causing my clients injury. They have plans for the properties adjacent to Mr. Shott's parcel and they cannot move forward while this dispute is pending. Once the ZBA rules on the evidence, most likely rejecting Mr. Shottıs claim, we expect him to once again bring suit against the Town of Saugerties in an Article 78 proceeding. Given Mr. Shott's litigious history (a prior Article 78, an unsuccessful appeal of Supreme Court ruling in the Article 78, and a concurrent meritless federal case), I have advised them that there will likely be 18 months to 2 years of litigation coming out of a decision by the ZBA. Please do not give leave to postpone the September hearing on this matter. We also urge you to hold the applicant to the strict registered mail notice standards required by law. Thank you for your consideration in this matter. Sincerely, March S. Gallagher cc: John Vagianelis Greg Helsmoortel |