These
files require a PDF Reader. If you need to download one go
here 
|
The
Grape Debate!
Chronicling
the Rivendell Winery move
In January, 2007 we purchased an agriculturally zoned four-acre property at the corner of Albany Post Road and Route 299 with the intention of moving Rivendell Winery. After consultations with the Building Department, the Town Supervisor and the (then) Chair of the Plannning Board, were were assured that we had an agricultural use by right, and that the winery could be moved and operate there without any type of variance.
In January 2007 we presented our conceptual plan to the New Paltz Planning Board. That began a firestorm of opposition from a few neighbors and community activists that culminated in the Building Inspector of the Town of New Paltz declaring that a Farm Winery is not an agricultural use, and therefore cannot be permitted in an agricultural zone.
Even in light of expert testimony from the likes of the Commissioner of Agriculture, The Farm Bureau and even a recommendation rebuking the concept by the Ulster County Planning Board, the Zoning Board of Appeals did not have the courage to stand up for what is right and has put the Town in a position of selective enforcement of an interpretation of a law that is not only totally contrary to the Town's Master Plan, but is also un-constitutional.
In 2008 we filed an Article 78 Lawsuit against the ZBA and Building department to attempt to overturn their decision. That suit was found, incredibly, in favor of the Town.
In 2009 we filed an Appeal with the NYState Supreme Court Appellate Division. That Appeal has also been found in favor of the Town.
In 2008 We also filed a Federal Civil Rights Lawsuit against the Town, its Officials and the County of Ulster. That case has yet to be decided.
We invite you to read all about it here. If you care to comment or would like any additional information, please email us at somewine2000@yahoo.com
Memorandum
of Law2007 - Presentations to the Planning Board:
Original Presentation to the Planning Board
Second Presentation to the Planning Board
State Environmental Review Form (SEQR)
Rivendell Traffic Study
Rivendell Integrated Pest Management Overview
First Letter from Building Inspector - May 1, 2007 Stating we're agricultural
Building Inspector Counsel Opinion - June 27, 2007
Rivendell Response to Building Inspector Letter - July 3, 2007
Rivendell Response to Counsel Opinion - July 3, 2007
Second Letter from Building Inspector - July 26, 2007 Claiming we're not agricultural
Rivendell response to Building Inspector - August 12, 2007
Letter to Code Enforcer requesting Equal Application of the Law, Feb 7, 2008
Response from Code Enforcer Feb 27, 2008 - You really need to read this!