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The Grape Debate!
Chronicling the Rivendell Winery move

In January, 2007 we purchased a four acre property at the corner of Albany Post Road and Route 299 with the express 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. Our case is now in New York State Supreme Court.

We invite you to read all about it here. If you care to comment or would like any additional information, please email us at rivendellwinery@vintageny.com



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!


Opposition Papers
Whiteman Ostermann & Hanna, LLP
on behalf of Kevin Harp et al

Opposition letter to Ulster County
Farmland Protection Board
Opposition to County Legislature
Rivendell Response to UC Legislature

Opposition Letter to Planning Board #1
Opposition Letter to Planning Board #2
Opposition Letter to ZBA

Letter from Harry Ellis
Letter from David Porter
Letter from
Michael Gold
Letter from Stacie Flint-Berman
and Barry Berman

Letter from Kathleen Caproni
and Peter del Rosario



Rivendell Appeal to ZBA
Formal presentation to ZBA
Letter to ZBA October 17, 2007
ZBA Counsel Memo
ZBA Decision


Article 78 Lawsuit filed
in NYS Supreme Court

Rivendell Article 78 Filing
ZBA Verified Response
Rivendell Notice of Claim for Damages
New Rivendell Memorandum of Law
New Robert Ransom Affidavit
New Affidavit of Susan Wine
New Affidavit of Attorney Joel Sachs
New ZBA Memorandum of Law
New ZBA Motion to Dismiss
New Building Dept. Memorandum of Law
New Boglioli (Harp) Reply Affidavit
New Ransom Reply Affidavit


Petition to New Paltz Town Board to Legislate a Definition of Agriculture
Petition to Town Board to adopt a definition
of Agriculture
Opposition Opinion to Town Board from
George Lithco
Recommendation to Town Board from
Planning Board

Whoo Hoo!! New Paltz wins Grant to
Develop Farmland Protection Plan!

New Paltz Grant Application to develop
a local Farmland Protection Plan


2008 Opposition to Agricultural District
Letter to Town Board asking for Official
Resolution by David Porter et al
Response to Town Board regarding
such a resolution
Letter from Town Board to Ulster County
Farmland Protection Board
Speech to the UC Legislature after our
unanimous nomination to the Ag
District by the FPB

Letter to UC Legislature from Congressman
Maurice Hinchey


Articles and Press
New Paltz Times - June 6, 2007
Kingston Freeman - June 14, 2007
New Paltz Times - June 15, 2007
New Paltz Times - August 2, 2007
New Paltz Times - October 11, 2007

New Paltz Times - December 27, 2007
Hudson Valley Business - February, 2008
New Paltz Times - March 18, 2008
New Paltz Times - May 1, 2008
New Paltz Times - May 8, 2008


Letters to the Editor

Kevin Harp - negative includes Rivendell's Response
Alan Kraus - negative
Pamela O'Dell - positive
Ralph Erenzo - positive
A particularly nasty Letter to the Editor from Dave Winfield
includes Rivendell's Response

An interesting opinion from Town Board Member Terrence Ward
John Eisgruber - positive


Letters of Support and Testimony

Commisioner of Agriculture

Ulster County Planning Board
Dean Charles Crampton
New York Farm Bureau
New York Wine & Grape Foundation
New Paltz Regional Chamber of Commerce
Congressman Maurice Hinchey


Letters of Support from Various Wineries
Whitecliff Vineyards
Milllbrook Vineyards
Lamoreaux Landing Winery
Paumanok Vineyards
Castello Di Borghese
Wolffer Vineyards
Red Newt Winery & Bistro

Ulster County Planning Board letter to
Commissioner of Agriculture re Ag Definitions


Various Legal Backup
Minutes of Farmland Protection Board 2007
New York State Liquor Authority Law
Relevent State Tax Law and Farm Building Exemptions
Department of Ag & Markets White Paper on Farm Zoning
Department of Ag & Markets Local Laws and Ag Districts
Department of Ag & Markets Guidelines for Review of Local
Laws Affecting Direct Farm Marketing Activities

Department of Ag & Markets Guidelines for Review of Local
Laws Affecting Farm Worker Housing

State Board of Real Property Services
Farm Agricultural Assessments


Interesting Email from Counsel to Building Inspector
re other Municipality's affirmation of Farm Wineries

Town of Southold Agricultural Policy

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