HomeMy WebLinkAboutRogue Ck - Appeal attch 1, Code Off Ltr Aug2 2019, correctedTOMPICINS
'COUNTY'
T N OF DANBY - TOMPKINS COUNTY
1830 DANBY ROAD(607) 277-4788
ITHACA, NEW YORK 14850-9419 Fax: (607) 277-0559
08/02/2019
As the Zoning Officer of the Town of Danby, I have performed a great deal of research and fact
finding in respect of the proposed Rogue Creek tasting room. After many lengthy discussions,
looking into the Zoning Ordinance, the New York State Agriculture and Markets Law (AML), and
other research, I have come to the following conclusions:
1. Although the address in question, 1582 Danby Rd., does not fall within a County -designated
NYS Agricultural District, all the zoning districts allow agricultural use as of right, and all of
the Town of Danby enjoys a "Right to Farm" status due to a locally adopted law.
The intent of the local right to farm law is to essentially extend the zoning definitions of
agricultural uses in a manner that is more consistent with the AML's modernized definitions
of what is an agricultural use or practice within NYS. Thus, the town generally views its right
to farm and zoning Laws as complimentary, thus expanding the definition of customary
agricultural uses to have evolved contemporaneously with the State's definition of farming.
Yet, the Right to Farm Law is not a land use law, and must be read with the zoning
requirements of the Town.
Therefore, as long as the use is agricultural within the constraints and thresholds set
forth in the AML, and the buildings serving such uses conform to the building codes in
regard to use and occupancy classifications, this property may be used as a tasting room as
defined by, and within the scope of, such defined use as set forth in the AML, and
regulatory guidance thereunder issued by the NYS Department of Agriculture and Markets
(NYSDAM).
2. Once a use extends beyond and outside of the definitional scope of a tasting room, the
town's zoning ordinance will define what is, and what is not, an allowed use, and the scope
of any required review thereupon (i.e., special use permit review, site plan review, etc.).
Because the property at 1582 Danby Rd. is within the Low Density Residential zoning
district, the property Is not permitted to be used as an assembly space for live music, food
service, food production, large assembly events, or other activities which are not covered
under the definition of an AML tasting room. In addition, any use must also comply with the
scope of the State Liquor Authority's (SLA) permit, any permit conditions, and the rules of
the SLA (and the Alcoholic Beverage Control Law) definitions of "Tasting Room". r
Thus, proposed uses or on-site business or related activities that fall outside of the
respective AML and SLA standards are indicators of commercial activity which are not
allowed uses in this zone, nor protected by the AML. Such uses, therefore, could not be
undertaken or conducted in the Low Density Residential zone, and would need to be sited
in a proper commercial zone. Alternately, the landowner has the right to seek a zoning
change or use variance, or the applicant may amend the scope of the proposed use as to fall
within the scope of a customary agricultural use, as defined and discussed above, or
perhaps within the scope of a specially permitted land use category.
3. Any proposed use requiring a building permit must have an occupancy classification made
under the International Building Code, regardless of any zoning use classification. Please be
aware that the occupancy classification of the structure for proposed uses within the
structure and the tasting room could still result in a practical situation where the physical
structure is no longer suitable for such uses), or would require engineering solutions which
might prove financially unviable.
4. It is my opinion that any tasting room should: (i) maintain only such activities and hours of
operation as are consistent with tasting rooms throughout this region of New York State; (ii)
that are within the scope an agricultural use tasting room under the Right to Farm law and
NYSDAM guidance; and (iii) should be designed to minimize adverse impacts to nearby
areas and residences, here mainly anticipated in respect to noise, traffic, and traffic access
and circulation (including pedestrians).
It is my understanding that Jordan Estates has previously indicated a willingness to
voluntarily submit to site plan review with the town Planning Board. This would be a
welcome process and such is deemed consistent with NYSDAM guidance and the purposes
of the Right to Farm law.
Alternately, to the extent that Jordan Estates seeks to determine whether any particular
proposed use or activity exceeds the scope of agricultural use as a tasting room consistent
with NYSDAM guidance and town zoning, applicant may: (i) seek BZA review of this opinion;
or (ii) provide more specific application materials fully delineating the use and seek a
supplemental zoning ruling. With this said, it is my opinion that the voluntary site plan
process would well serve either of such ends, as it would provide a vehicle to develop a
final scope to determine a final classification of the allowed and non -allowed uses, including
to determine whether any proposed use is sufficiently similar to an allowed agricultural use
such that it can trigger special permit review, a process which the planning board itself can
also assist with.
In conclusion, a traditional tasting room is deemed an allowed use, but only to the extent it
meets NYS guidelines and only has de minimus secondary uses relating to traditional
marketing and minor processing of farm products principally and, in some cases, 100%
grown upon applicant's farm. Thus, bistro or short-order restaurant services, catering
operations, events hosting, a live music venue with late night hours, and commercial food
production operations exceed these parameters and are non -allowed uses as currently
proposed. 141 '
Again, it is hoped that further information gleaned through a voluntary review process can
lead to a mutual understanding of what is an allowed agricultural use in this zone, and thus
inform applicant as to what its options are to proceed, whether by applications to the BZA
or for a building permit.
Date: i r•�'r i ;%�
ohn Norman
// ,Code Officer
%// Town of Danby