Farmstand Reality Check
After years of bitter debate as in many rural towns, Shandaken adopted a zoning code in the early 1970’s. With the benefit of hindsight, few would argue that on balance those laws haven’t served us extremely well; they certainly have. Sometimes, though, when those agreed-upon and fully legislated laws aren’t enforced, serious problems can be created that require they be met... or updated.
No one would argue that one can’t operate much of a retail business from 100 square feet, but that’s what our zoning law and a Special Use Permit allowed Al and Alfie Higley when they opened their Hanover Farms farm stand on a residentially zoned stretch of Route 28 in 2002. For most of us, the Higleys’ business has been a welcome addition to the area’s sparse retail climate. They provide good food at good prices in a friendly environment and have grown into one of the town’s most successful retail businesses. But according to Bob Kalb, who represents them before the town, their operation requires 2,840 square feet, which happens to be 28 times the size allowed under the law. In most towns in America, any business operating at that multiple of its permitted size would have been summarily closed down long before this point. In seven years here, however, not only hasn’t that happened, but something far better for the Higleys and other farmstand operators - as well as the rest of us, their customers - has occured. Instead of enforcing an outdated zoning law, the town’s opted instead to rewrite it.
Mr. Higley opened the recent public hearing on this proposed update by saying “The law is on our side, the politicians are not.” Now, we may support Mr. Higley’s business, but that statement stands reality on its head. The business has been in clear violation of the law for many years. The reason that’s a serious problem is that its current operation leaves every taxpayer in Shandaken responsible for some portion of a multi-million dollar financial liability created by the town’s ongoing failure to enforce its own zoning law. If a fatal accident were to occur at that site - hardly a remote scenario, accoridng to the county - every taxpayer in town would be on the hook for part of what would be an almost indefensible negligence claim far exceeding the town’s insurance coverage. This huge problem for we taxpayers needs to get solved, and a new law covering farmstands is the right way. We commend both the town board and the committee that drafted the law for finally attempting to solve the problem.
With respect to the new law’s particulars, we agree with much of the public sentiment expressed that some of its draft language concerning the types of product which can be sold, “homemade”, ”seasonal,” etc. is too restrictive and should be changed... although that matches the regional Catskills Pure branding campaigns of recent years. But is 20 times the current lawful size, more than elsewhere in the region, really not big enough? We remind people that whatever’s adopted will equally apply to similar business proposals, which their own next-door neighbors might object to in a residential neighborhood. And possibly set new regional precedents. So before anyone proclaims too loudly that whatever’s good for the Higleys is good for the town, we encourage people to consider what scale of roadside business would be acceptable in the middle of their own residential neighborhood. No one likes the idea of limiting what merchants can sell. But the point of defining a farmstand under town law is to protect people in residential areas and ensuring that distinct neighborhoods, and our towns and region, retain their rural character. That’s why we have zoning laws. And why our state and federal funding mechanisms for municipalities require them.
That’s the background as to why the town needs to update its farmstand law. So where does the issue stand, now? In the weeks before the town board’s March 16 public hearing, Mr. Higley and some of his supporters publicly stressed two themes. The first was that the new law and the town’s Democrats were “really” trying to close him down; the second was that it’s all part of a sinister plan to suppress all new business in town. Which of these two projections of evil are more obviously ridiculous is hard to say. Any new law that lets a business operate at 20 times its currently permitted size is pro-business, not anti-business. And as to forcing Hanover Farms’ closure, which the law obviously wouldn’t do... That is what’s called a red herring, a diversion intended to distract attention from the real issues at hand. And those center on the facts that we have zoning laws to protect ALL property owners, tthat he town is obligated to enforce those laws, and if we don’t there are serious risks and consequences. Everyone needs to accept and live with this reality of municipal life in this state and nation. As well as the ways that, when our laws no longer work well or create problems, we can still change them... as has been proposed.
As to claims of any “political” aspect to this, the simple truth is that the proposed law wasn’t even written by Democrats but by our ZEO and the Chairman of the ZBA, two Republican planning board members, and a Conservative representing the Town Board…one Democrat out of five authors of the law. There’s no party politics involved; this is long overdue town business that’s finally getting taken care of. Shrill accusations of partisanship have no honest place here at all. Even more troubling, though, are some of the comments we heard at the public hearing, as when a planning board member supporting the proposed law was loudly told to “watch out crossing the street,” and that she “better stay in the crosswalks.” Whatever anyone thinks about their neighbors’ views, there’s no place for that in Shandaken. Those who encourage such feelings need to look deep within themselves, or perhaps spend more time with their families, at church or with scripture. The town’s job is to act to protect all its taxpayers, just as it needs to support its local business owners when possible.
We urge the town board to carefully review, revise as needed, and adopt the new farmstand law.
BP