HomeMy WebLinkAboutJuly-14-2019 Jordan - Atty Jong Email Re Proposed Rogue Creek Use 1582 Danby RdUse Description Upon Which August 2, 2019 Zoning Officer Interpretation Was Based
Page 1 of 3
From: Tracy Jong <tjong@tracyjonglawfirm.com>
Sent: Sunday, July 14, 2019 10:00 PM
To: Guy Krogh <gkrogh@thalerandthaler.com>
Cc: Brandi Burton <BBurton@tracyjonglawfirm.com>
Subject: RE: Rogue Creek Cidery
Guy,
I appreciate the opportunity and process you have outlined for potentially reaching a
mutually acceptable resolution. As we discussed, below is an affirmative statement
concerning proposed use of the property and note that it is more limited than previously
discussed with the Town in an effort to address concerns and more closely conform to
zoning.
I have emphasized to the property owner/my client that step one is to determine which
of the proposed uses can be done under current zoning, which may need a special use
permit, and which may require a zoning change altogether. I have also confirmed that
they are working to get in the Ag District in the upcoming cycle.
After your review of the proposed uses, I look forward to a “spirited” discussion of what
the currently vague Danby zoning ordinance and comprehensive plan will allow with a
goal of a mutual resolution we can all live with.
To: Guy K. Krogh, Esq.
Thaler & Thaler, P.C.
309 North Tioga Street
Ithaca, New York 14850
Property: 1582 Danby Road, Danby, NY
Property Owner: Jordan Estate Vineyard & Orchard, LLC dba Rogue Creek Cidery
Purpose and Goal: The purpose of this statement is to affirmatively represent and
clarify the proposed uses for the property by the property owners in order to identify
what uses might be permitted by existing zoning in the opinion of the Town of Danby,
and what uses in the Town’s opinion might require a special use permit or area
variance. The discussions may also consider whether the parcel should be rezoned for
“light” commercial “A.” The property owners have amended and narrowed the proposed
uses based on feedback from the Town of Danby with the goal of moving forward “as of
right” or with a special use permit.
The goal is for the Town and property owner can find a way to issue a building permit
for the project, recognizing that (1) the Town previously approved the proposed project
and is now changing its legal position as to what might be permitted under existing
zoning for the parcel after one full year and after the property owner has expended
resources for the project and obtained approval of the State Department of Health and
State Liquor Authority based on the Town’s original approval, (2) adjacent property
Page of 3 2
owners support the proposed use and a petition has been provided to the Town, and (3)
the property owner has previously provided a detailed position as to why its believes the
proposed use is consistent with the Town’s Comprehensive Plan.
Should a mutually agreeable proposal be reached between the Town and property
owner, the property owner is willing to amend its proposed use and/or building permit
application.
This statement addresses the issues that (as understood by the property owner) the
Town has requested an affirmative written statement and representation.
Ag District Filing Status
The property owner is in the process of filing to add 1582 Danby Road to an Ag District.
Primary and Secondary Use
The parcel is 1.35 acres.
The second floor will be used for residential use. It will not likely be owner-occupied. It is
a 2-bedroom, one-bath unit.
There is a 60’ X 100’ agricultural area on the parcel that will be used for cultivating a
variety of farm crops.
The first floor will be used for agricultural related commercial use. The first story is 496
sq.ft It will be a retail area (like a farm market) for direct to consumer sales of the farm’s
products, including apples, berries, honey, maple syrup and cider. Both on-premise and
off-premise sales will occur whereby customers can buy a product “to go,” or buy a food
and beverage product and consume it on the premises inside or outside on the patio.
There will be no events or parties at this location. There will be seating for
approximately 10 customers at a tasting area and an additional two 2-top tables. The
patio measures 24’ x 40’ and can have as many as eight tables (note old drawing
showed 10 but that will not fit). Note that customer traffic is unlikely to have this “at full
capacity” at any given time.
The garage will be converted to the area where pickling/canning of fruits, vegetables
and preserves, can be done, honey can be bottled, and “heat and serve” type limited
menu will be prepared and will part of the first-floor unit. There will be no maple syrup
processing or cider production at this location. The interior of the usable garage space
(due to one-foot thick exterior walls) is 13' x 23’.
The Department of Health was given a Menu, kitchen equipment list and construction
standards for their determination of the kitchen rating: DOH rated it as level II (and the
food menu has been reduced based on Danby’s expressed concerns).
Representative menu featuring “heat and serve” type foods incorporating farm’s
products:
PICKLES AND PICKLED VEGETABLES
ROASTED BEET, KALE & FETA SALAD
BOARDS WITH A SELECTION OF FRUIT, PICKLED VEGETABLES, GRILLED
VEGETABLES, MEATS, CHEESES AND/OR STEAMED DUMPLINGS
FLAT BREADS (WITH AND WITHOUT TOPPINGS)
Page of 3 3
NACHOS
STUFFED PEPPERS (IN SEASON)
SANDWICH BITES
FROZEN FRUIT DESSERTS
FRUIT PASTRIES
FARM SODAS
Description of Structure
The house was built in 1947 by a Masonry contractor. The house is built using 8"
concrete block exterior walls. The front of the house is brick veneer. The other three
sides of the house are parged masonry.Typical construction is masonry plaster walls,
and ceilings. The cellar walls are built with insulated concrete block covered with mold
resistant sheetrock. The current garage/proposed kitchen has 2 hour rated ceilings and
one hour rated walls. Insulated walls have been added and will be covered with double
layer of 5/8" gypsum sheet rock. The walls for this kitchen will be painted with epoxy
paint to meet commercial kitchen standards. The garage floor is concrete. This floor will
be covered with tiles to meet commercial standards.
"Basic Standards for Home/Commercial kitchens and Small scale Food Processing
Facilities" (www.agriculture.ny.gov/FS/training/small_food_processors.org)
Parking
There will be no on-street parking and there will be posted signs to state this
requirement.
The site can handle about 22-25 parking spaces for off-site parking. Assuming 2-3
workers and one tenant, there will be approximately 18-21 off-road spaces/per hour
available to customers. Notably, traffic that is realistically anticipated will not likely
realize this occupancy demand on a regular basis. However, should a local cidery tour
group or other situation bring such temporary short-term volume of traffic, it can be
accommodated. Emphasis is made on the fact that no events will be held to attract large
traffic volumes at the premises.
The forgoing proposed uses have been reviewed by and affirmed by the property
owners.
Tracy Jong
Attorney for Jordan Estate Vineyard & Orchard, LLC dba Rogue Creek Cidery
Dated: July 15, 2019
Tracy P. Jong, Esq.
Tracy Jong Law Firm
2300 Buffalo Road, Building 100A
Rochester, NY 14624
www.TracyJongLawFirm.com
TJong@TracyJongLawFirm.com
(585) 247-9170
(585) 247-9171 facsimile