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C.A.R.E.S. (Citizens Action for Residential Environments in Saugerties) P.O. Box 899 Saugerties, NY 12477 PRESS RELEASE

CARES offers Mr. Creen and the Members of the Saugerties Planning Board
a Refresher on Zoning Basics.

    At the Saugerties Planning Board meeting on August 21, 2001, Chairman William Creen criticized a proposed change to Saugerties Zoning Law put forth by the Saugerties Town Board and supported by CARES. Mr. Creen called the proposal "spot zoning."

    The proposed amendment couldn't be further from spot zoning in that it would affect all R-1, R-2, Industrial and Office and Light Industrial parcels, over 75% of the town's area. No parcel is being singled out for the benefit of one owner. The proposed change would benefit the entire community and is consistent with the town's comprehensive plan.

     Spot zoning is the process of singling out a parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to the detriment of other owners. See N.Y. Jur.2d § 140 (1996); See Rodgers v. Tarrytown, 302 NY 115 (1951). Moreover, no spot zoning is found where an amendment is enacted to benefit a community and not a single property owner. See Daniels v. Van Voris, 660 N.Y.S.2d (App. Div. 3d Dept. 1997). Finally, spot zoning must be found to be inconsistent with the town comprehensive plan. See Yellow Lantern Kampground v. Cortlandville, 716 N.Y.S.2d 786 (App. Div. 3d Dept. 2000).