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Resident warns planning board that strict comprehensive‑plan language could hamstring future zoning

Shandaken Planning Board · May 14, 2026
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Summary

A resident and comprehensive‑plan committee member told the board that using inflexible language such as 'must' in the draft comprehensive plan could limit future zoning flexibility and invite legal challenges, urging the board to craft a flexible plan tied to needs rather than prescriptive requirements.

A member of the comprehensive‑plan committee told the planning board that the draft document must be carefully worded to avoid tying the town's hands during future zoning changes.

The resident — who identified himself as a member of the comprehensive planning and housing committees and as a developer — said that "all zoning must be in accordance with the comprehensive plan" under New York State law and warned that plan language that uses imperative terms ("must," "required") can limit flexibility and lead to legal challenges. He urged the board to avoid overly prescriptive text and to focus on needs rather than unchecked wants during plan drafting.

Board members said they understood the concern and that the planning board's role is advisory review of the comprehensive plan. The resident said he had received multiple reactions from town residents and wanted the concern recorded for the planning‑board record.

"Every word in a comprehensive plan means something," the resident said, urging care in drafting so the town's zoning options remain available in later phases.