Ten percent of acreage
Futerfas, in his role as Higley’s attorney, asserted that setting a precedent would not be a problem, since any business applying for a variance would have to show that it brings benefit to the community that outweighs the importance of sticking with established regulations. He said Hanover Farms paid over $93,000 in wages last year to employees outside the owner’s family, despite being closed the first six weeks of the season, and noted that excess food is often donated to local food banks.
He listed parameters the board is required to address in their consideration, including the question of whether the business is out of character for the neighborhood or is detrimental to the surrounding property. “We’ve heard that the neighbors don’t think it’s so bad,” he pointed out, referring to several speakers who identifed themselves as neighbors of the farm stand.
Larry Wolinsky, attorney for the town, asked for confirmation that the Hanover Farms structures and the associated house do not exceed residential zoning regulations requiring buildings to occupy less than ten percent of a property’s area. After conferring, the lawyers agreed that the house and shop — including retail space, coolers, and shed — amount to considerably less than the 5482 square feet that constitute ten percent of the total acreage.
ZBA chair Tom Hickey said the board cannot make a decision on the variances until it receives feedback from the town and county planning boards. The county planning board met the night before the hearing, so its comments had not been received as of Tuesday, May 13, but are expected to be in hand by the next ZBA meeting on May 21. The public hearing will remain open until that time, and remarks may be submitted by emailing [email protected], by mailing to Town of Shandaken, P.O. Box 134, Shandaken, NY 12480, or by attending the May 21 meeting.
Hickey said the board will be discussing whether the benefits of the farm stand justify granting the variances, but there are other criteria to be considered as well. Standards to be examined include environmental impact, whether other options exist, and how substantial are the variances requested.
“Our role is to view any case divorced from the personalities involved,” Hickey emphasized. “A lot of people at the hearing said what a nice guy Al Higley is, but for any property in the town, we have to consider the issues apart from personalities.”
When the public hearing closes, the ZBA will discuss the application and has 30 days to make a decision. If it gives full approval for the variances, the process will go back into the hands of the planning board, and Stanley said another public hearing would then be required. If any of the variances are denied, or if the planning board rejects the application, Higley will have to revise his site plan and reapply. In any case, it looks unlikely that the farm stand will be open before mid-June at the earliest — and possibly much later.
I love that stand, have been living in Boiceville for 7 yrs. Fresh local fruit is something I and my husband look forward. Hope the town and Al can come to a compromise soon. Good Luck Al, hope to see you soon.
We miss the place and wish the Town would let the business reopen. Fair prices, and being open 24 hours a day made it a favorite stop on the way to the Catskills. Closing it is a real loss. PLEASE BRING IT BACK!
Shuttering the Hanover Farms stand on Route 28 is a blow to the entire community–not only to those of us who count on stopping there late at night on our way back from the city, but to the growers who supply the stand with produce. The stand has served as a welcome light kept aglow in the night, a landmark, an indispensable mecca for plants and flowers, gardening supplies, fresh fruit, vegetables, dairy, and baked goods. This is disgraceful. The taxpayers have voiced their support, and the town of Shandaken needs to rectify this injustice with all due speed.
It would be great if they would reopen – allowing us easy access to fair priced produce. Boiceville Supermarket is so expensive and Kingston is far. And it would be great if my husband could have his job back. The closing of the farm stand has taken a terrible financial toll on our family.
I think it is a shame that this stand is closed. I also loved the country charm and stopped often on the way down to Long Island and back for produce. I think the town should be ashamed that they could not work things out in a better manner.
We need to remember a few things. Our local representatives are not nameless, faceless demi-gods. They live among us, were elected by us and they work for us. And they can be removed by us just as easily. Remember who these people are come election time. If you don’t like what’s happening in your community let them know. WE are the community. WE are their bosses. WE will have the final say.